By Thomas H. Cohen, J.D., Ph.D.

 Steven K. Smith, Ph.D. 

BJS Statisticians

State courts of general jurisdiction in

the Nationís 75 largest counties

disposed of almost 12,000 tort,

contract, and real property cases by

jury or bench trial during 2001. Juries

decided almost three-fourths of these

cases, while judges resolved about a

fourth of them.

Plaintiffs won in 55% of trials and were

awarded a total of about $4 billion in

compensatory and punitive damages.

The median total award was $33,000,

and the amounts awarded to plaintiff

winners ranged from under $10 to

$454 million. Tort claims comprised

67% of trials disposed. The majority of

trials (62%) were disposed of in less

than 2 years.

These are some of the findings from a

study of civil trials in State courts

involving tort, contract, and real

property cases in the Nationís 75

largest counties. This study is part of a

series examining general jurisdiction

court civil cases resolved through

trials.1

Civil Justice Survey of State Courts, 2001 

Civil Trial Cases and Verdicts

in Large Counties, 2001

 April 2004, NCJ 202803

ï During 2001 a jury decided almost

75% of the 12,000 tort, contract, and

real property trials in the Nationís 75

largest counties. Judges adjudicated

the remaining 24%. Tort cases (93%)

were more likely than contract cases

(43%) to be disposed of by jury trial.

ï The 11,908 civil trials disposed of 

in 2001 represents a 47% decline 

from the 22,451 civil trials in these

counties in 1992.

ï In jury trials, the median award

decreased from $65,000 in 1992 to

$37,000 in 2001 in these counties. 

ï Two-thirds of disposed trials in 2001

involved tort claims, and about a third

involved contractual issues.

 

ï Overall, plaintiffs won in 55% of trials.

Plaintiffs won more often in bench

trials (65%) than in jury trials

(53%), and in contract trials (65%)

more than in tort (52%) or real 

property trials (38%). 

ï An estimated $4 billion in compensatory and punitive damages were

awarded to plaintiff winners in civil

trials. Juries awarded $3.9 billion to

plaintiff winners while judges awarded

$368 million. The median total award

for plaintiff winners in tort trials was

$27,000 and in contract trials $45,000.

ï Punitive damages, estimated at $1.2

billion, were awarded to 6% of plaintiff

winners in trials. The median punitive

damage award was $50,000.

ï Plaintiffs prevailed in about a fourth

(27%) of medical malpractice trials.

Half of the 311 plaintiffs who successfully litigated a medical malpractice

claim won at least $422,000, and in

nearly a third of these cases, the

award was $1 million or more.

Highlights

In 2001 plaintiffs in the 75 largest counties won just over half the 12,000 

general civil cases at trial, with 442 or 4% awarded $1 million or more

100% 55% 27% 4%

Plaintiff awards

Over

$250,000 $1 million

or more

Plaintiff

won

All

civil

trials

(11,908)

10%

$33,000

Median

or more

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

Bulletin

1

Courts of general jurisdiction may handle

many types of civil cases including estate,

domestic relations, probate, and small claims.

This report only examines general civil cases

(that is, tort, contract, and real property) in

courts of general jurisdiction.
The sample of civil cases included tort,

contract, and real property cases.

Federal trials, trials in counties outside

the 75 most populous counties, and

trials in State courts of limited jurisdiction were excluded from the sample.

Cases that reach trial

During calendar year 2001 State courts

of general jurisdiction in the Nationís 75

most populous counties disposed of an

estimated 11,908 tort, contract, and

real property trial cases. Previous

studies conducted by the Bureau of

Justice Statistics found that a majority

of tort, contract, and real property

cases are resolved prior to going to

trial and that only a small percentage

(about 3%) are actually disposed of by

jury or bench trial verdict.2

Civil trials, however, are crucial

because it is through these cases that

important information on civil case

components such as compensatory

award amounts, punitive damages, and

case processing times are known. In

the majority of civil cases that settle,

the terms of settlement agreements

and other key case information may

not be publicly available. 

Most (67%) of the civil cases disposed

of by trial in the Nationís 75 most

populous counties during 2001

involved a tort claim, in which plaintiffs

alleged injury, loss, or damage from

the negligent or intentional acts of

defendants. Cases dealing with allegations of breach of contract (contract

cases) accounted for 31% of trials and

real property cases about 2% (table 1).

The most frequent kinds of civil cases

disposed of by trial were automobile

accident cases (36%); premises liability

cases, alleging harm from inadequately

maintained or dangerous property

(11%); seller plaintiff cases, involving

payment owed by a buyer or borrower

(10%); and medical malpractice cases

in which the plaintiff claimed harm from

a doctor, dentist, or other health care

provider (10%).

Cases involving the purchasers of

goods or services seeking a return on

their money (buyer plaintiff) and cases

that arose due to the intentional or

negligent misrepresentation of a

product or company (fraud) accounted

for 7% and 5% respectively, of all civil

trials. 

Product liability cases represented less

than 2% of all civil trials.

Types of cases disposed of by trial

Generally, juries decided civil cases

involving issues of personal injury or

harm, such as automobile or medical

malpractice. For example, juries were

more likely to decide tort cases (93%)

than contract cases (43%) or real

property cases (27%) (figure 1).

Judges disposed of business-related

civil trials such as contract (57%) and

real property cases (73%) more often

than juries (not shown in a table).

Over 90% of medical malpractice and

premises liability cases were decided

by jury trial. Among the sampled

product liability cases, 100% of asbestos and 93% of the other product liability cases were disposed of by jury trial.

The majority of automobile tort cases

were also adjudicated by jury trial.

Among contract cases, bench trials

disposed of 77% of seller plaintiff

cases, 77% of rental lease cases, and

53% of fraud cases. Only in employment discrimination suits was a

substantial majority of contract cases

(89%) decided by a jury (not shown in

a table).

2 Civil Trial Cases and Verdicts in Large Counties, 2001 

Note: Data for case types were available for

100% of the 11,908 trial cases. Detail may not

sum to total because of rounding.

a

Trials include bench and jury trials, trials with 

a directed verdict, judgments notwithstanding

the verdict, and jury trials for defaulted defendants. 

b

Includes title disputes, boundary disputes, 

and other real property cases. 

See Methodology section for case type

definitions.

Other real property 210 1.8 b

Eminent domain 52 0.4

Real property cases 262 2.2%

Other or unknown contract 73 0.6

Subrogation 69 0.6

Partnership dispute 40 0.3

Tortious interference 138 1.2

Rental/lease 276 2.3

Other employment dispute 287 2.4

Employment discrimination 166 1.4

Mortgage foreclosure 22 0.2

Buyer plaintiff 793 6.7

Seller plaintiff 1,208 10.1

Fraud 625 5.2

Contract cases 3,698 31.1%

Other or unknown tort 390 3.3

False arrest, imprisonment 45 0.4

Conversion 27 0.2

Animal attack 99 0.8

Slander/libel 95 0.8

Professional malpractice 102 0.9

Medical malpractice 1,156 9.7

Intentional tort 375 3.1

 Other 126 1.1

 Asbestos 31 0.3

Product liability 158 1.3

Premises liability 1,268 10.6

Automobile 4,235 35.6

Tort cases 7,948 66.7%

All 11,908 100.0%

Case type Percent

Number

of trialsa

Table 1. Number of civil trials disposed

of in State courts in the Nation's 75

largest counties, 2001

2

See Tort Cases in Large Counties, NCJ

153177, April 1995 and Contract Cases in Large

Counties, NCJ 156664, February 1996.

Real property

Contract

All trial cases

Tort

0% 20% 40% 60% 80% 100%

Percent of trial cases disposed by jury

Tort, contract, and real property cases disposed of by jury trial 

in State courts in the Nationís 75 largest counties, 2001

Figure 1
Comparing jury and bench trials

The cases before judges and juries

differ in terms of case type, plaintiff win

rates, damage awards, case processing times, and other trial characteristics

(table 2).

Type of litigants: Plaintiffs

In 83% of all trial cases, the plaintiff

was an individual.3

 Businesses were

plaintiffs in 16% of all trials, government agencies, 1% and hospitals,

0.3% (table 3). Because tort litigation

primarily involves personal injury, over

97% of tort trials had an individual as

the plaintiff (not shown in a table).

As contract cases often involved

business disputes, businesses

comprised a substantial percentage

(44%) of all contract plaintiffs. Government agencies represented a majority

of plaintiffs (69%) in eminent domain

property cases (not shown in a table).

Type of litigants: Defendants

Defendants in all trials were primarily

divided between individuals (47%) and

businesses (42%).4

 Hospitals were

named as the defendant in 6% of all

trials and governments 5% (table 3). 

In jury trials, 47% of defendants were

individuals and 40% were businesses.

Defendants in bench trials were evenly

represented by businesses (50%) and

individuals (47%).

Who sues whom? 

The most common type of civil trial

involved an individual suing either

another individual (42%) or a business

(31%). Businesses sued each other 

in about 11% of all civil trials (table 4).

Among bench trials, a larger proportion

of businesses were more likely to be

plaintiffs suing either businesses (27%)

or individuals (14%) (not shown in a

table).

Multiple plaintiffs and defendants

Over 42,000 litigants were involved in

the 12,000 tort, contract, and real

property trials disposed of in the

Nationís 75 largest counties in 2001.

Cases with multiple defendants were

more prevalent than cases with multiple plaintiffs. About three-fourths (73%)

of all trials had only one plaintiff while

about half (56%) had only one defendant (not shown in a table).

 Civil Trial Cases and Verdicts in Large Counties, 2001 3

Note: There were 221 other cases including,

directed verdicts, judgments notwithstanding

the verdict, and jury trials for defaulted defendants that were not included in this table.

*Jury - bench difference is significant at the

95%-confidence level.

a

Data on plaintiff types were available for

99.5% of jury and 99.6% of bench trials.

b

Data on litigant pairings were available for

99.3% of jury and 99.4% of bench trials.

c

Data on plaintiff winners were available for

99.9% of jury and 99.8% of bench trials.

d

There were a total of 4,603 jury and 1,792

bench trials where the plaintiff won an award.

Award data were available for 99.4% of jury

and 99.1% of bench trials.

e

Case processing time data were available for

99.9% of jury and bench trials.

 Decided within 2 years 56.9% 77.0%*

 Median number of months 21.7 mo16.1 mo*

How long did the cases last?e

All cases 5.7% 4.4%*

What percentage of prevailing plaintiffs were awarded

punitive damages?

 Contracts 10.7 1.9*

 Torts 7.8 5.4

 All cases 8.4% 2.6%*

What percentage of prevailing 

plaintiffs received awards of 

$1 million or more?

 In contract cases 81,000 30,000*

 In tort cases 28,000 23,000

 Median award $37,000 $28,000*

How much?d

 Plaintiffs in contracts 61.6 67.8*

 Plaintiffs in torts 50.7 64.7*

 Plaintiffs overall 52.6% 65.1%*

Who won?c

Business v. business 5.5 26.6*

Individual v. individual 44.9% 31.6%*

Who sued whom?b

 Businesses 8.0 41.5*

 Individuals 91.2% 56.5%*

Who were the plaintiffs?a

All cases 8,859 2,828*

decided by a jury or judge?

How many civil trials were

Jury Bench

Table 2. Comparing bench and jury

trials in State courts in the Nationís 75

largest counties, 2001

Note: Plaintiff or defendant type for each case is whichever type appears first on this list:

1) hospital/medical company, (2) business, (3) governmental agency, and (4) individual.

Data on plaintiff type were available for 99.5% of all trial cases and jury trials, 99.6% of bench

trials, and 98.5% of other trials. Defendant data were available for 99.3% of all trial cases and jury

trials, 99.4% of bench trials, and 97.5% of other trials. 

Detail may not sum to total because of rounding.

--No cases recorded.

a

Includes insurance companies, banks, and other businesses and organizations.

b

Includes medical companies.

c

ìOther casesî include directed verdicts, judgments notwithstanding the verdict, and jury trials for

defaulted defendants.

Other trial cases 216 100 42.2 12.9 40.4 4.5 c

Bench trial cases 2,812 100 46.9 2.7 49.6 0.8

Jury trial cases 8,800 100 47.3 5.3 39.5 7.9

All trial cases 11,828 100% 47.1% 4.8% 41.9% 6.2%

Hospitalb Business Government a Number Total Individual

Defendants

Other trial cases 217 100 86.1 0.9 13.0 -- c

Bench trial cases 2,816 100 56.5 1.2 41.5 0.8

Jury trial cases 8,815 100 91.2 0.7 8.0 0.2

All trial cases 11,849 100% 82.8% 0.8% 16.0% 0.3%

Hospitalb Business Government a Type of disposition Number Total Individual

Plaintiffs

Table 3. Type of plaintiffs or defendants, by disposition of civil trials

in State courts in the Nation's 75 largest counties, 2001

3

Each civil trial case, regardless of the number

of plaintiff types involved, was assigned one 

of four plaintiff designations from the following

hierarchy: hospital, business, government, 

and individual. A case with multiple plaintiffs

received the designation of whichever 

type appeared first in the hierarchy.

4

A case with multiple defendants was assigned

the defendant type that appeared first in the

hierarchy.
Trial outcomes

Overall, plaintiffs won in 55% of trials.

The rate of plaintiff success varied

according to the type of case litigated.

Plaintiffs were more likely to win in

contract cases (65%) than in either tort

(52%) or real property cases (38%)

(table 5).

ï Among tort trials plaintiffs prevailed in

over half of animal attack (67%),

automobile (61%), and asbestos (60%)

cases. Plaintiffs won in less than a

third of medical malpractice (27%)

cases.

ï For contract trials the estimated win

rate surpassed 70% in seller plaintiff

(77%) and mortgage foreclosure (73%)

cases and exceeded 60% in buyer

plaintiff (62%), rental lease (65%), and

subrogation (67%) cases. Conversely,

plaintiffs prevailed in 44% of employment discrimination cases and 46% of

partnership disputes.

Trial awards

During 2001 plaintiff winners in civil

trials were awarded an estimated $4.4

billion in compensatory and punitive

damages in the Nationís 75 largest

counties. Slightly over half the

estimated total amount ($2.3 billion)

was awarded in tort cases. 

The median amount awarded to plaintiff winners for all trial cases was

$33,000. Contract cases garnered

higher median awards ($45,000)

compared to tort ($27,000) cases.

4 Civil Trial Cases and Verdicts in Large Counties, 2001 

Note: Data on litigant pairings were available for 99.3% of cases. Plaintiff or defendant 

type for each case is whichever type appears first in this list: (1) hospital/medical company, (2)

corporate/business, (3) governmental agencies, and (4) individuals.

For example, any case involving a hospital defendant is categorized as a case with a "hospital

defendant" even if a business, individual, or government were defendants in the case.

Detail may not sum to total because of rounding.

--No cases recorded.

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the verdict,

and jury trials for defaulted defendants.

b

Includes insurance companies, banks, and other businesses and organizations.

c

Includes medical companies.

Hospital defendant 728 6.0 -- 0.1 0.1 c

Business defendant 4,952 30.9 0.4 10.6 0.0 b

Government defendant 566 4.4 0.1 0.4 0.0

Individual only defendant 5,576 41.6% 0.3% 5.0% 0.2%

All defendantsa 11,822 82.8% 0.8% 16.0% 0.3%

Hospitalc Business Government b Type of case Number Individual

Plaintiffs

Table 4. Pairing of primary litigants in civil trials in State courts 

in the Nation's 75 largest counties, 2001

Note: Data on plaintiff winners were available

for 99.9% of trials. Detail may not sum to total

because of rounding.

a

Trial cases include bench and jury trials, trials

with a directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted

defendants. 

b

Excludes bifurcated trials where the plaintiff 

litigated only the damage claim. There were

216 trials where only the damage claim was

litigated.

c

Includes title disputes, boundary disputes, 

and other real property cases. 

Other real property 209 36.8 c

Eminent domain 49 40.8

Real property cases 258 37.6%

Other or unknown contract 73 56.2

Subrogation 61 67.2

Partnership dispute 41 46.3

Tortious interference 133 57.9

Rental/lease 276 64.9

Other employment dispute 282 55.7

Employment discrimination 160 43.8

Mortgage foreclosure 22 72.7

Buyer plaintiff 779 61.5

Seller plaintiff 1,196 76.8

Fraud 602 58.3

Contract cases 3,625 64.8%

Other or unknown tort 383 50.9

False arrest, imprisonment 45 42.2

Conversion 28 46.4

Animal attack 99 66.7

Slander/libel 94 41.5

Professional malpractice 99 52.5

Medical malpractice 1,149 26.8

Intentional tort 366 56.8

 Other 124 40.3

 Asbestos 30 60.0

Product liability 154 44.2

Premises liability 1,260 42.0

Automobile 4,121 61.2

Tort cases 7,798 51.6%

All trial casesa 11,681 55.4%

Plaintiff

winnersb Case type Number

All trial cases

Table 5. Plaintiff winners in State

courts in the Nationís 75 largest

counties, 2001

A class action lawsuit requires that 

(1) the number of persons be so

numerous that it would be impractical

to bring them all before the court, (2)

the named representatives can fairly

represent all of the members 

of the class, and (3) the class

members have a well defined

common interest in the questions 

of law or fact to be resolved (Blackís

Law Dictionary). 

Of the 11,908 civil trials litigated in

2001, only 1 could be classified as a

class action. This lawsuit, ìBell v.

Farmers Insurance Exchange,î

resulted from the decision of Farmers

Insurance Exchange to classify their

claimsí representatives as administrative personnel, which exempted the

insurance company from having to

pay overtime. The suit was certified

as a class action because it involved

over 2,400 California claims

adjustors. The jury trial took place in

Oakland, California, and a finding was

entered for the plaintiffs. The award

totaled $124.5 million of which $90

million was for uncompensated

overtime, $1.2 million for double time,

and $34.5 million for prejudgment

interest. The case took almost 5

years from filing to verdict to litigate.

Source for additional case details:

The National Law Journal (February

2002) Vol. 24, No. 22 (Col. 3).

Class action lawsuits
About 18% of plaintiff winners were

awarded over $250,000 in total

damages while an estimated 7% were

awarded $1 million or more (table 6). 

Among particular types of cases,

asbestos product liability trials had the

highest median awards, with half of the

19 asbestos cases receiving at least

$1.7 million in damages. These cases

averaged a higher number of plaintiffs

(3.2 plaintiffs per case) compared to

the typical tort case (1.4 plaintiffs per

case). Among the non-asbestos

product liability cases, plaintiffs recovered a median award of $311,000.

Plaintiff winners in medical malpractice

trials received a median award of

$422,000, with 1 in 3 receiving awards

of $1 million or more.

Among contract trials, employment

discrimination suits had median awards

of $166,000, with 14% garnering

awards of $1 million or more.

Jury awards versus bench awards

The data reveal that final award

amounts also varied by whether the

case was decided by a jury or a judge.

 Civil Trial Cases and Verdicts in Large Counties, 2001 5

Note: Data for case type and final awards were available for 99.3% of all plaintiff winners. 

Award data were rounded to the nearest thousand. Final award amount includes both 

compensatory (reduced for contributory negligence) and punitive damage awards. 

Detail may not sum to total because of rounding.

*The number of plaintiffs awarded damages may differ from the number calculated from the

percentage of plaintiffs who successfully litigated the case (table 5). Missing award data, the fact

that in some cases plaintiff winners receive nothing because of award reductions, and the 

inclusion of plaintiff winners in bifurcated damage trials (a group excluded from table 5) account 

for some of this difference.

--No cases recorded. 

a

The number of trials includes bench and jury trials, trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants.

b

Excludes bifurcated trials where the plaintiff won on only the liability claim. Bifurcated trials 

involving only damage claims, however, have been included. 

c

Eminent domain cases are not calculated among final awards because there is almost always 

an award; the issue is how much the defendant (whose property is being condemned) 

will receive for the property. 

Real property cases 49 $2,904,000 $15,000 6.1% -- c

Other or unknown contract 41 6,369,000 22,000 13.9 7.1

Subrogation 44 2,047,000 8,000 4.1 --

Partnership dispute 19 52,462,000 97,000 41.8 12.8

Tortious interference 83 580,211,000 94,000 30.7 6.9

Rental/lease 176 24,112,000 20,000 11.9 2.6

Other employment dispute 162 265,939,000 78,000 23.8 4.8

Employment discrimination 73 44,913,000 166,000 39.4 14.4

Mortgage foreclosure 13 2,731,000 70,000 13.6 13.6

Buyer plaintiff 477 130,585,000 45,000 17.7 4.8

Seller plaintiff 925 165,336,000 34,000 10.5 2.9

Fraud 358 768,506,000 81,000 30.2 12.0

Contract cases 2,369 $2,043,211,000 $45,000 17.7% 5.4%

Other or unknown tort 199 374,514,000 106,000 39.9 15.5

False arrest, imprisonment 19 2,185,000 30,000 14.6 --

Conversion 13 926,000 23,000 -- --

Animal attack 66 6,741,000 18,000 11.7 --

Slander/libel 39 17,067,000 121,000 39.6 6.0

Professional malpractice 51 43,108,000 93,000 30.6 13.9

Medical malpractice 311 600,746,000 422,000 66.1 29.7

Intentional tort 214 128,428,000 37,000 25.4 16.3

Other 51 112,878,000 311,000 54.7 31.4

Asbestos 19 86,275,000 1,650,000 90.7 59.7

Product liability 70 199,153,000 450,000 64.6 39.1

Premises liability 522 400,653,000 59,000 22.9 9.1

Automobile 2,565 526,435,000 16,000 8.6 2.8

Tort cases 4,069 $2,299,957,000 $27,000 18.8% 7.7%

All trial casesa 6,487* $4,346,072,000 $33,000 18.3% 6.8%

$1 million 

or more

Over

Total Median $250,000

a plaintiff

winnerb Case type

Percent of plaintiff

winner cases with 

final awards ó

Final amount awarded 

to plaintiff winners

Number 

of all trial

cases with

Largest damage award Table 6. Plaintiff award winners in the Nation's 75 largest counties, 2001

Of the 11,908 civil trials studied, the

largest damage award involved a

business dispute between several

parties in Texas and Mexico. 

A company in Texas attempted to

franchise several stores in Mexico.

Under Mexican law this company

could not establish franchise contracts without a Mexican business

partner. The company sought 

assistance from several Mexican

business partners who initially

expressed an interest in the deal;

however, the company contended

that these business associates

broke off negotiations and used the

insider information gained to directly

buy the franchise for $800 million.

The plaintiff accused their Mexican

business associates and the seller 

of reneging on the contractual deal. 

A jury in Dallas, Texas, found for the

plaintiff corporation and awarded

$90 million in actual damages for

lost profit and $364.5 million in

punitive damages. The case, from

filing to disposition, took 31⁄2 months

to process; the trial lasted 17 days.

The $454 million total award was

reduced to $121 million on appeal.

Sources for additional case details:

Los Angeles Times, February 9,

2001; Houston Chronicle, May 19,

2001.
This was particularly true for contract

cases where juries awarded a median

amount of $81,000 compared to the

$30,000 median amount awarded by

judges. Among the employment

discrimination cases, plaintiff winners

received a median award of $218,000

from juries and a median award of

$40,000 from judges. In seller plaintiff

cases, juries awarded a median of

$68,000 to plaintiffs compared to

$29,000 by judges (not shown in a

table). 

Punitive damage awards

Punitive damages were awarded in 6%

of the 6,487 trial cases in which the

plaintiff won damages. Punitive

damages totaled over $1.2 billion and

accounted for about 28% of the $4.4

billion awarded to plaintiffs overall.

The median punitive damage amount

awarded to plaintiff winners who

received a punitive damage award was

$50,000. Twenty-three percent of

punitive damage awards were over

$250,000, and 12% were $1 million 

or more (table 7). 

Among tort cases punitive damages

were awarded more frequently to plaintiff winners in slander/libel cases

(59%), intentional tort cases (36%),

and false arrest/imprisonment cases

(26%). Contract cases recorded the

highest estimated punitive awards in

partnership disputes (21%), employment discrimination (18%), and fraud

cases (17%).

Compensatory versus punitive

damage awards

In civil trials that received punitive

damages, substantial differences can

occur between the amount awarded in

punitive and compensatory damages.5

In 39% of civil trials that awarded

punitive damages to the plaintiff

winner, the amount of punitive

damages exceeded the amount

awarded for compensatory damages.

Punitive awards exceeded compensatory awards in 40% of tort trials and in

37% of contract trials (table 8).

6 Civil Trial Cases and Verdicts in Large Counties, 2001 

Note: There was a total of 364 cases in which a punitive damage claim was awarded. 

In 356 of these cases, the punitive award went to the plaintiff and in 8 cases the punitive 

award went to the defendant on a counterclaim. In this study, cases are classified by the 

primary case type, though many cases involve multiple claims (that is, contract and tort). 

Under laws in almost all States, only tort claims qualify for punitive damages. If contract 

or real property cases involved punitive damages, it involved a related tort claim.

Detail may not sum to total because of rounding.

Award data were rounded to the nearest thousand. 

*Not median but the actual amount awarded.

--No cases recorded. 

a

The number of trial cases includes bench and jury trials, trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants.

b

Excludes eminent domain cases. 

Real property cases 1 $70,000 $70 ,000* -- -- b

Other or unknown contract 2 1,000 1,000 -- --

Subrogation -- -- -- -- --

Partnership dispute 4 16,909,000 186,000 1 1

Tortious interference 9 431,981,000 83,000 3 1

Rental/lease 9 2,282,000 15,000 2 2

Other employment dispute 16 3,949,000 151,000 2 1

Employment discrimination 13 13,552,000 606,000 9 5

Mortgage foreclosure -- -- -- -- --

Buyer plaintiff 16 16,509,000 275,000 9 3

Seller plaintiff 9 484,000 4,000 -- --

Fraud 60 368,992,000 63,000 11 5

Contract cases 138 $854,658,000 $83,000 36 18

Other or unknown tort 16 163,849,000 470,000 11 4

False arrest, imprisonment 5 202,000 8,000 -- --

Conversion 3 289,000 100,000 -- --

Animal attack 6 391,000 68,000 -- --

Slander/libel 23 3,771,000 77,000 4 --

Professional malpractice 7 117,000 1,000 -- --

Medical malpractice 15 115,577,000 187,000 4 2

Intentional tort 78 32,653,000 16,000 16 9

 Other 1 177,000 177,000* -- --

 Asbestos 2 900,000 500,000 2 --

Product liability 3 1,077,000 433,000 2 --

Premises liability 8 646,000 33,000 -- --

Automobile 54 48,578,000 5,000 9 7

Tort cases 217 $367,149,000 $25,000 45 23

All trial cases 356 $1,221,877,000 $50,000 81 41 a

$1 million

or more

Over

Case type Total Median $250,000

awarded

punitive

damagesa

Number of cases with

punitive damages 

Amount of punitive

damages awarded

Number

Trial cases with plaintiff winners

Table 7. Punitive damage awards in civil trial cases for plaintiff award winners 

in State courts in the Nation's 75 largest counties, 2001

5

The U.S. Supreme Court ruled on the compensatory to punitive damages ratio, after this

sample of civil trials was collected, in ìState

Farm Insurance v. Campbellî in which the Court

overturned a punitive damage award that it

considered ìgrossly excessive.î While the

Supreme Court did not delineate a bright line

ratio of punitive to compensatory damages, it

did suggest that punitive damages ìmore than

four times the amount of compensatory

damages might come close to the line of constitutional impropriety.î (State Farm Mutual

Automobile Insurance Company v. Campbell,

April 7, 2003, 123 S.Ct. 1513: 1524.)
 Civil Trial Cases and Verdicts in Large Counties, 2001 7

--No cases recorded.

a

The number of trials includes bench and jury trials, trials with 

a directed verdict, judgments notwithstanding the verdict, and jury trials

for defaulted defendants.

b

Compensatory and total award damages do not include reductions. 

c

Excludes eminent domain cases. 

Note: Punitive and compensatory damage data will not sum to total because 

a third category, fees and costs, have been excluded. Award data were 

rounded to the nearest thousand. Detail may not sum to total because of

rounding. In this study, cases are classified by the primary case type, 

though many cases involve multiple claims (that is, contract and tort). 

Under laws in almost all States, only tort claims qualify for punitive 

damages. If contract or real property cases involved punitive damages, 

it involved a related tort claim. 

Real property cases 1 350,000 70,000 280,000 -- -- -- c

Contract cases 138 1,195,705,000 854,658,000 337,655,000 37.4 16.6 7.5

Tort cases 217 $626,779,000 $367,149,000 $257,790,000 39.9% 28.6% 18.1%

All trial cases 356 $1,822,834,000 $1,221,877,000 $595,725,000 38.8% 23.8% 13.9%

At least 4 times

greater than

compensatory

damage awards

At least 2 times

greater than

compensatory

damage awards

Greater than

compensatory

damage awards

 Total damage award amount 

 Totalb Punitive Compensatoryb

Number of cases

with a plaintiff winner

awarded punitive

damagesa

Percent of punitive damage cases 

with punitive awards ó

Table 8. Compensatory and total award amounts for plaintiff winners who were awarded 

punitive damages in civil trials in State courts in the Nation's 75 largest counties, 2001

Federal district courts exercise

jurisdiction in civil actions that ó

(1) deal with a Federal question

arising out of the U.S. Constitution, 

(2) are between parties that reside in

different States or countries and that

exceed $75,000 at issue, 

(3) are initiated by the U.S. Government, or 

(4) are brought against the U.S. 

Government. (See Federal Tort Trials

and Verdicts, NCJ 172855, February

1999, and ìThe Jurisdiction of the

Federal Courts,î <www.uscourts.gov/

understand03>, viewed 3/9/2004.)

ï In fiscal year 2001 Federal district

courts disposed of 1,964 tort, contract,

and real property cases by jury or

bench trial.

ï As in State courts, a small percentage (2%) of the 87,852 terminated

Federal tort, contract, and real

property cases reached trial.

ï A jury verdict disposed of a majority

(67%) of Federal tort, contract, and

real property trials.

ï Federal tort cases (79%) were more

likely to be decided by jury trial than

contract (50%) and property (26%)

cases.

ï In about half of Federal tort, contract,

and real property trials, the plaintiff

won the decision. Plaintiffs won 51%

of jury trials and 56% of bench trials.

ï The median amount awarded to

plaintiff winners was larger in Federal

district courts than in the sampled

State courts. The median award for

plaintiff winners was $216,000 for all

Federal tort, contract, and real

property cases disposed of by trial.

The median award was $228,000 for

jury trials and $177,000 for bench

trials.

Note: Award data were rounded to the nearest thousand.

Source: Administrative Office of the U.S. Courts, Civil Master File, fiscal year 2001.

Published reports on Federal District Court data are also available from the U.S. Administrative Office of the Courts: 

<http:\\www.uscourts.gov\statisticalreport.html>.

Real property 43 12 4,670,000 125,000 8 4 773,000 35 8 105,000

Contract 324 266 508,543,000 272,000 159 140 330,000 165 126 226,000

Tort 434 358 $462,943,000 $179,000 316 261 $201,000 118 97 $139,000

Total 801 636 $976,156,000 $216,000 483 405 $228,000 318 231 $177,000

Case type winners awards award award winners awards award winners awards award

plaintiff monetary Total Median plaintiff monetary Median plaintiff monetary Median

Number of plaintiff Number of plaintiff Number of plaintiff

Number Number Number 

All trial cases Jury trial cases Bench trial cases

Federal tort, contract, and real property trials terminated in U.S. district courts, 2001

Federal civil trials
Case processing time

Among all trials the average case

processing time from filing of the

complaint to verdict or judgment was

24.2 months, with half the civil trials

taking a minimum of 20.2 months to

dispose (not shown in a table).

ï Tort trials reached a verdict or

judgment in an average of 25.6 months

compared to 21.7 months for real

property cases and 21.5 months for

contract cases.

ï Among tort cases, non-asbestos

product liability trials had one of the

longest case processing times, averaging 35.1 months from filing to verdict or

judgment, followed by medical

malpractice cases with an average of

33.2 months. 

ï The 31 asbestos product liability

cases had one of the shortest average

case processing times (16.8 months).

Number of days in trial

General civil trials conducted in the

Nationís 75 most populous counties

lasted 3.7 days on average.6

 Asbestos

cases took about 3 weeks on average

to process (14.1 days), while the other

product liability trials were disposed

within nearly 2 weeks (8.1 days).

Medical malpractice and employment

discrimination cases took between 1

and 2 weeks on average to dispose.

The average number of days in trial for

automobile cases, the most common

civil case, was 2.9 days (table 9).

A bench or jury disposition also

affected the length of time in trial. Jury

trials lasted 4.3 days on average

compared to 1.9 days for bench trials.

The longest jury trial recorded in the

sample lasted 70 days, and the longest

bench trial, 18 days (not shown in a

table).

Trends in civil trials

The total number of civil trials 

declined from 1992 to 2001 

The number of civil trials decreased

47%, from 22,451 to 11,908 cases,

since 1992. Tort cases decreased the

least (-32%), while real property (-80%)

and contract (-61%) cases registered

the largest declines. Among tort cases,

product and premises liability saw the

sharpest declines, while medical

malpractice and automobile torts had

insignificant decreases (table 10).7

The growing use of alternative dispute

resolution (ADR) as a diversion from

trial, and other statutory reforms aimed

at limiting damage awards, contributed

to the decline in civil trials. In addition,

the National Center for State Courts

reports that the number of tort filings

declined by 9% in 30 States during the

1992-2001 period. Contract filings, in

comparison, rose nearly 21% in 17

States after 1995; however, because

8 Civil Trial Cases and Verdicts in Large Counties, 2001 

Note: Data on the number of days in trial 

were available for 92.7% of all cases. 

*The number of trials includes bench and jury

trials, trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for

defaulted defendants.

Real property cases 2.8

Other or unknown contract 3.7

Subrogation 2.3

Partnership dispute 5.6

Tortious interference 5.2

Rental/lease 2.5

Other employment dispute 4.2

Employment discrimination 8.4

Mortgage foreclosure 1.8

Buyer plaintiff 3.5

Seller plaintiff 2.2

Fraud 3.7

Contract cases 3.4

Other or unknown tort 4.7

False arrest, imprisonment 4.4

Conversion 5.2

Animal attack 2.6

Slander/libel 4.2

Professional malpractice 5.4

Medical malpractice 6.5

Intentional tort 4.1

 Other 8.1

 Asbestos 14.1

Product liability 9.2

Premises liability 3.7

Automobile 2.9

Tort cases 3.9

All trial cases 3.7

Case type*

Mean

number of

days in trial

Table 9. Average number of days 

in trial in State courts in the Nation's 

75 largest counties, 2001

7

Civil cases disposed of in 1992 and in 1996

are part of the earlier BJS studies on this topic.

See Civil Jury Cases and Verdicts in Large

Counties, 1992, NCJ 154346, July 1995, and

Civil Trial Cases and Verdicts in Large

Counties, 1996, NCJ 173426, September 1999.

Figure 2

6

Trial days involve the actual number 

of business days that a case is in trial. 

Weekends and holidays are not counted.

During 2001, 77% of bench trials and 57% of jury trials were disposed 

of within 24 months of being filed

Note: Cases disposed of by directed verdict, judgments notwithstanding the verdict,

and jury verdicts for defaulted defendants are not shown. During 2001, 56% of these

cases were disposed of within 2 years of filing. The intervals shown give rounded

values; for example, "12 to 24" contains the period from 12.00 months to 23.99 months.

0 to 12 12 to 24 24 to 36 36 to 48 48 to 60 60 or more

0%

25%

50%

75%

100%

Jury trials

Bench trials

Months from case filing to termination
contract cases account for a smaller

proportion of civil trials, their impact is

less substantial than the tort filings.8

The percentage of tort plaintiff winners

remained stable in civil trials during 

the 1992 to 2001 period

In 1992 and 1996, 52% of plaintiffs

were successful at trial, while in 2001,

that percentage was 55%. Among tort

cases, around half the plaintiffs

prevailed at trial from 1992 (47%) to

2001 (52%). Contract case plaintiff win

rates rose from 1992 (57%) to 2001

(65%). Conversely, the percentage of

prevailing plaintiffs in real property

cases dropped from 56% to 38%

during the 1992 to 2001 period (not

shown in a table).

From 1992 to 2001 the overall median

awards in jury trials declined 

When adjusted for inflation, the median

jury trial award for civil cases in 1992

and 1996 was $65,000 and $40,000,

respectively.9

 The median award

imposed by juries in 2001 was $37,000

(table 11).

Some civil case categories had marked

increases in their median jury awards 

This trend was particularly apparent in

product liability trials in which the

median award amounts were at least 3

times higher in 2001 than in 1992. The

median award amounts also doubled

for medical malpractice cases. 10

Punitive damages awarded in a small

percentage of jury trials 

Since 1992 the number of jury trials

with punitive damage awards has

remained stable (4% to 6%).

Between 1992 and 2001 the median

amounts awarded for plaintiff winners

with punitive damages decreased from

$63,000 to $50,000; this decline,

however, was not statistically significant (not shown in a table).

 Civil Trial Cases and Verdicts in Large Counties, 2001 9

Note: Detail may not sum to total because of rounding. Data sources: Civil Justice Survey of State

Courts, 1992 (ICPSR 6587),1996 (ICPSR 2883), and 2001 (ICPSR 3957). 

Data can be obtained from the University of Michigan Inter-university Consortium for Political 

and Social Research (ICPSR).

*1992-2001 difference is significant at the 95%-confidence level. a

The number of trials includes bench and jury trials, trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants. 

All real property cases 1,315 510 262 -80.1%*

Employment 468 621 453 -3.2

Buyer plaintiff 1,557 832 793 -49.1*

Seller plaintiff 4,063 1,637 1,208 -70.3*

Fraud 1,116 668 625 -44.0%*

Selected case types

 All contract cases 9,477 4,850 3,698 -61.0%*

Medical malpractice 1,347 1,201 1,156 -14.2

Product liability 657 421 158 -76.0*

Premises liability 2,648 2,232 1,268 -52.1*

Automobile 4,980 4,994 4,235 -15.0%

Selected case types

 All tort cases 11,660 10,278 7,948 -31.8%*

All trial cases 22,451 15,638 11,908 -47.0%* a

Percent

change,

1992-2001

 Number of civil trial cases, by year 

Case type 1992 1996 2001

Table 10. Trends in civil trials in State courts in the Nation's 75 

largest counties, 1992-2001

Note: In 1992 there were two distinct data collection efforts for civil cases. The first project focused

on all civil cases (trials, settlements, and dismissals) disposed in 1992, with no information on

awards or punitive damages. In the second civil case project, BJS collected information on jury

trials disposed in 1992, including both award and punitive damage data. Because award data were

available for jury trials in 1992 and not for bench trials, table 11 includes only jury trial award data.

*1992-2001 difference is significant at the 95%-confidence level.

Employment 178,000 234,000 127,000 -28.7

Buyer plaintiff 55,000 55,000 62,000 12.7

Seller plaintiff 44,000 70,000 68,000 54.5

Fraud 88,000 90,000 87,000 -1.1%

Selected case types

All contract cases $70,000 $90,000 $81,000 15.7%

Medical malpractice 253,000 287,000 431,000 70.4*

Product liability 140,000 373,000 543,000 287.9*

Premises liability 74,000 64,000 61,000 -17.6

Automobile 37,000 20,000 16,000 -56.8%*

Selected case types

All tort cases $64,000 $34,000 $28,000 -56.3%*

All trial cases $65,000 $40,000 $37,000 -43.1%*

Percent

change in

median award

amount

1992-2001

 Median jury award amounts,

 adjusted for inflation, by year 

Case type 1992 1996 2001

Table 11. Trends in jury trial awards in State courts 

in the Nation's 75 largest counties, 1992 - 2001

8

The sources for these findings are Tort Reform

Record, American Tort Reform Association,

2003 and B. Ostrom, N. Kauder, and R.

LaFountain, Examining the Work of State

Courts, 2002: A National Perspective from the

Court Statistics Project, 2003. 9

The inflation adjustment was calculated by

utilizing the inflation calculator on the U.S.

Department Laborís website at

<http://www.bls.gov/cpi/home.htm>.

10The inflation rate for medical services

between 1992 and 2001 explains some of the

increase in medical malpractice awards. The

inflation rate for medical services can be calculated on the U.S. Department of Laborís

website at <http://www.bls.gov/cpi/home.htm>.
Methodology

Definitions of disposition types: 

Jury trial: A trial held before and

decided by a group of laypersons

selected according to the law presided

over by a judge culminating in a verdict

for the plaintiff(s) and/or defendant(s).

Bench trial (nonjury trial): A trial held

in the absence of a jury and decided by

a judge culminating in a judgment for

the plaintiff(s) or defendant(s).

Directed verdict: In a case in which

the party with the burden of proof has

failed to present a prima facie case for

jury consideration, a trial judge may

order the entry of a verdict without

allowing the jury to consider it,

because, as a matter of law, there can

be only one such verdict. 

Judgment notwithstanding the

verdict: ("JNOV" or Judgment non

obstante veredicto): A judgment

rendered in favor of one party despite

the finding of a jury verdict in favor of

the other party.

Jury trials for defaulted defendants: 

Some States make provisions for a jury

to be impaneled even if the defendants

in a case fail to appear and enter a

defense. The purpose of a trial is

typically to decide issues such as

amount of damages.

Definitions of civil case types:

Torts: Claims arising from personal

injury or property damage caused by

negligent or intentional acts of another

person or business. Specific tort case

types include: automobile accident;

premises liability (injury caused by the

dangerous condition of residential or

commercial property); medical

malpractice (by doctor, dentist, or

medical professional); other professional malpractice (such as by lawyers,

engineers, and architects); product

liability (injury or damage caused by

defective products; injury caused by

toxic substances such as asbestos);

libel/slander (injury to reputation);

intentional tort (vandalism, intentional

personal injury); animal attack (the

negligent supervision of a dog or other

animal resulting in an attack); conversion (unauthorized use or control of

another personís personal property);

false arrest/imprisonment (an arrest or

imprisonment without the proper legal

authority); and other negligent acts

(negligence against another party for

an act not represented by the other

case categories).

Contracts: Cases that include all

allegations of breach of contract.

Specific case types include seller plaintiff (sellers of goods or services, including lenders seeking payment of money

owed by a buyer or borrowers); buyer

plaintiff (purchaser of goods or services

seeking return of their money, recision

of the contract, or delivery of the specified goods); mortgage contract/foreclosure (foreclosures on commercial, or

residential real property); fraud (financial damages incurred due to intentional or negligent misrepresentation

regarding a product or company; fraud

is also considered a type of tort claim,

but because it arises out of commercial

transactions, it was included under

contracts); employment discrimination

(claim based on an implied contractual

relationship against an employer for

unfair treatment or denial of normal

privileges due to race, gender, religion,

age, handicap and/or nationality); other

employment dispute (claim against an

employer for wrongful termination not

10 Civil Trial Cases and Verdicts in Large Counties, 2001 

Civil cases in which a party alleges

that the defendantís negligent action

or wrongdoing resulted in a death

comprised a small number of civil

trials. These trials, however, can

involve large damage awards. Of the

11,908 civil trials, 452 had a wrongful

death claim. Nearly two-thirds (65%)

were medical malpractice cases. The

remaining involved automobile (16%),

intentional (6%), other torts (6%),

premises liability (5%), and product

liability (2%). The majority of wrongful

death claims (93%) were adjudicated

by jury trial.

Plaintiffs prevailed in about a third

(36%) of all wrongful death cases

including 25% of wrongful death

cases involving a medical malpractice

action. In comparison, at least half the

estimated plaintiffs successfully

litigated the small number of wrongful

death cases with an automobile,

premises liability, product liability,

intentional tort, and other tort claim. 

Half the plaintiffs who prevailed in a

wrongful death case were awarded at

least $961,000. The estimated

median awards were above $2 million

for the product liability and other tort

cases and over $1 million for the

intentional tort cases. Wrongful death

cases with estimated median awards

below $1 million included medical

malpractice, premises liability, and

automobile torts.

Note: Award data were rounded to the nearest thousand. Final award includes both 

compensatory (reduced for contributory negligence) and punitive damage awards. 

Detail may not sum to total because of rounding. 

*The number of trial cases includes bench and jury trials, trials with a directed verdict,

judgments notwithstanding the verdict, and jury trials for defaulted defendants.

**Not median but actual amount awarded.

Other or unknown tort 26 15 38,384,000 2,039,000

Medical malpractice 295 74 175,443,000 876,000

Intentional tort 25 19 30,435,000 1,801,000

 Other 9 5 24,128,000 2,242,000

 Asbestos 2 1 2,364,000 2,364,000**

Product liability 11 6 26,492,000 2,000,000

Premises liability 22 11 243,053,000 729,000

Automobile 72 37 $95,083,000 $318,000

Total* 452 162 $608,889,000 $961,000

Case type Total Median award

Number 

of plaintiff

winners

Number 

of civil trials

with a death

claim

Characteristics of civil trials with a wrongful death claim in State courts 

in the Nationís 75 most populous counties, 2001

Civil trials involving a wrongful death claim
based on discrimination or by the

employer or the employee claiming

contractual failure of the other party);

rental/lease agreement; tortious interference with a commercial or contractual relationship (this claim consists of

four elements: existence of a valid

contract, defendant's knowledge of that

contract, defendant's intentional

procuring of breach of that contract

and damages); partnership dispute

(dispute over a business owned by two

or more persons that is not organized

as a corporation); subrogation (the

exchange of a third party who has paid

a debt in the place of a creditor, so that

the third party may exercise against the

debtor all the rights which the creditor

might have done); and other contract

claims (any contractual dispute other

than the case categories used in this

study such as stockholder claims). 

Real property: Any claim concerning

ownership or division of real property

(excluding mortgage foreclosures

which are included under contracts).

Specific categories used include

eminent domain (condemnation of real

property to obtain for public use) and 

other real property (any other claim

regarding title to or use of real

property).

Source: Definitions were developed by

the National Center for State Courts

through consultation with NCSC staff

attorneys, law professors, and from

Black's Law Dictionary.

Sample 

The sample design for the 2001 civil

trial study was similar to the ones used

for the 1996 and 1992 BJS civil trial

studies. The sample is a 2-stage stratified sample with 46 of the 75 most

populous counties selected at the first

stage. The 75 counties were divided

into 5 strata based on 1990 civil disposition data obtained through telephone

interviews with court staff in the

general jurisdiction trial courts. Stratum

1 consisted of the 14 counties with the

largest number of civil case dispositions. Every county in stratum 1 was

selected with certainty. Stratum 2

consisted of 13 counties with 11

chosen for the sample. From strata 3,

10 of the 18 counties were selected.

Nine of the 26 counties in stratum 4

were included in the sample. Stratum 5

was added to the 2001 sample to

replace Norfolk County, Massachusetts, a stratum 4 site that participated

in the 1992 and 1996 studies but that

fell out of the 75 most populous

counties in the 2000 Census. Mecklenberg County, North Carolina, and El

Paso County, Texas, were randomly

selected from the 4 counties whose

population increased sufficiently that

they joined the ranks of the 75 most

populous counties.

The second stage of the sample

design involved generating lists of

cases that would be coded. Prior to

drawing the 2001 case sample, each

participating jurisdiction was asked to

identify a list of cases that had been

disposed of by jury trial or bench trial

between January 1, 2001, and December 31, 2001. Trial cases were to meet

the definitional criteria for jury and

bench trials as defined in Black's Law

Dictionary: (1) A jury trial was defined

as "a trial held before and decided by a

jury of laypersons and presided over by

a judge culminating in a verdict for the

plaintiff(s) or defendant(s)," and (2) A

bench trial was defined as "a trial held

in the absence of a jury and decided by

a judge culminating in a judgment for

the plaintiff(s) or defendant(s)."

The study plan was to obtain every jury

and bench trial disposed from the court

of general jurisdiction in each of the

counties selected for the study. In

courts where the number of trials

became too great, a sample of civil

trials based on ìtake ratesî generated

by WESTAT was selected. Regardless

of whether all or a sample of civil trials

was collected, every medical malpractice or product liability case was

included to oversample these case

types.

At the second stage of sampling, all

tort, contract, and real property cases

disposed of by bench or jury verdict

between January 1, 2001, and December 31, 2001, were selected in 43

 Civil Trial Cases and Verdicts in Large Counties, 2001 11

Note: Standard errors were calculated by using the jackknife method generated by WESVAR PC.

Property 18.3 0.7 16.7 19.4

Contracts 17.7 0.8 16.2 19.4

Torts 21.5 0.6 20.3 22.8

All cases 20.2 mo 0.6 mo 19.0 mo 21.6 mo

Median months from filing to final verdict

Contracts 83,000 7,238 70,251 99,054

Torts 25,000 10,796 12,896 55,855

All cases $50,000 $12,839 $29,281 $80,371

Median punitive award to plaintiff winners

Property 15,000 2,880 8,727 20,186

Contracts 45,000 2,533 40,379 50,460

Torts 27,000 2,020 23,999 32,036

All cases $33,000 $2,329 $29,899 $39,166

Median final award to plaintiff winners

Property 37.7 2.7 32.0 42.7

Contracts 64.8 0.8 63.2 66.5

Torts 51.6 1.0 49.6 53.5

 All cases 55.4% 0.7% 54.0% 56.8%

Percent of trials with a plaintiff winner

Other 1.9 0.1 1.6 2.1

Bench trial 23.8 1.0 21.7 25.8

Jury trial 74.4% 1.0% 72.5% 76.3%

Percent decided by a ó

Real property 262 16 229 293

Contract 3,698 184 3,333 4,065

Tort 7,948 366 7,219 8,677

Number of civil trials 11,908 525 10,865 12,952

Estimate error Lower Upper

standard 95%-confidence interval

One

Appendix A. Selected estimates, standard errors, and confidence intervals, 

2001 survey
jurisdictions. In two of the remaining

three jurisdictions (Cook and Philadelphia), a sample of civil trials was

selected and then ìweightedî to obtain

an appropriate number of civil trials. In

Bergen County some civil case files

were unavailable for coding purposes.

Weights were applied in Bergen

County in order to account for these

missing cases. 

Data on 6,215 civil jury trial cases,

1,958 civil bench cases, and 138 other

civil trial cases that met the study criteria were collected in the 46 courts. The

final sample consisted of 8,311 tort,

contract, and real property cases

disposed of by jury or bench verdict.

Sampling error

Since the data in this report came from

a sample, a sampling error (standard

error) is associated with each reported

number. In general, if the difference

between 2 numbers is greater than

twice the standard error for that difference, there is confidence that for 95

out of 100 possible samples a real

difference exists and that the apparent

difference is not simply the result of

using a sample rather than the entire

population. All differences discussed in

the text of this report were statistically

significant at or above the 95-percent

confidence level. Standard error

estimates were generated by using a

bootstrap method (jackknife) available

for WESVAR PC.

Data coding

For each sampled case, a standard

coding form was manually completed

by on-site court staff to record information about the litigants, case type,

processing time, and award amounts.

12 Civil Trial Cases and Verdicts in Large Counties, 2001 

The Bureau of Justice Statistics 

is the statistical agency of the 

U.S. Department of Justice. 

Lawrence A. Greenfeld is director.

This BJS Bulletin presents the first

release of findings in a series of

reports from the Civil Justice Survey of

State Courts, 2001. Thomas H. Cohen

wrote this Bulletin under supervision 

of Steven K. Smith. Mark Motivans

provided statistical review. Data collection was supervised by the National

Center for State Courts (NCSC);

Paula Hannaford-Agor was the project

director. Paula Hannaford-Agor and

Neil LaFountain of the NCSC provided

comments. Neil LaFountain also

provided data assistance. Devon

Adams, Tina Dorsey, and Tom Hester

edited the report. Jayne Robinson

prepared the report for final printing.

April 2004, NCJ 202803 E
Bureau of Justice Statistics

filename: ctcvlc01aa.wk1

Appendix A. Selected estimates, standard errors, and confidence intervals, 2001 survey

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix A. Selected estimates, standard errors, and confidence intervals, 2001 survey

95%- confidence interval

Estimate One Standard e Lower Upper

Number of civil trials 11,908 525 10,868 12,949

Tort 7,948 366 7,222 8,675

Contract 3,698 184 3,333 4,062

Real property 262 16 230 295

Percent decided by a --

Jury trial 74.7 % 1.0 % 72.5 % 76.3 %

Bench trial 23.8 1.0 21.7 25.8

Other 1.9 0.1 1.6 2.1

Percent of trials with a plaintiff winner

 All cases 55.4 % 0.7 % 54.0 % 56.8 %

Torts 51.6 1.0 49.6 53.5

Contracts 64.8 0.8 63.1 66.5

Property 37.7 2.7 32.4 42.9

Median final award to plaintiff winners

All cases $33,000 $2,319 $29,912 $39,115

Torts 27,000 2,021 23,999 32,020

Contracts 45,000 2,528 40,389 50,420

Property 15,000 2,878 8,746 20,165

Median punitive award to plaintiff winners

All cases $50,000 $12,822 $29,338 $80,215

Torts 25,000 10,762 12,908 55,610

Contracts 83,000 7,243 70,281 99,019

Median months from filing to final verdict

All cases 20.2 mo 0.6 mo 19.1 mo 21.6 mo

Torts 21.5 0.6 20.3 22.8

Contracts 17.7 0.8 16.2 19.4

Property 18.3 0.7 16.7 19.4

Note: Standard errors were calculated by using the jackknife method generated by WESVAR PC.
Bureau of Justice Statistics

filename: ctcvlc01apb.wk1

Appendix B. Selected estimates, standard errors, and confidence intervals, 2001 survey

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix B. Selected estimates, standard errors, and confidence intervals, 2001 survey

One 95%-confidence interval

Estimate standard error Lower Upper

Number of civil trials 11,908 525 10,868 12,949

Tort 7,948 366 7,222 8,675

Automobile 4,235 228 3,782 4,688

Premises liability 1,268 72 1,125 1,411

Product liability 158 10 137 179

 Asbestos 31 2 27 36

 Other 126 9 108 145

Intentional tort 375 26 323 426

Medical malpractice 1,156 74 1,008 1,303

Professional malpractice 102 14 74 129

Slander/libel 95 14 66 123

Animal attack 99 14 71 126

Conversion 27 4 19 36

False arrest, imprisonment 45 8 29 61

Other or unknown tort 390 33 325 455

Contract 3,698 184 3,333 4,062

Fraud 625 34 558 692

Seller plaintiff 1,208 96 1,019 1,398

Buyer plaintiff 793 59 675 910

Mortgage foreclosure 22 6 11 34

Employment discrimination 166 15 136 197

Other employment dispute 287 31 226 348

Rental/lease 276 33 210 342

Tortious interference 138 26 87 190

Partnership dispute 40 6 28 53

Other or unknown contract 73 10 54 92

Subrogation 69 8 52 85

Real property cases 262 16 230 295

Eminent domain 52 8 37 67

Other real property 210 16 178 243

Percent decided by a --

 Jury trial 74.4 % 1.0 % 72.5 % 76.3 %

 Bench trial 23.8 1.0 21.7 25.8

 Other 1.9 0.1 1.6 2.1

Percent of trials with a plaintiff winner

 All cases 55.4 % 0.7 % 54 % 56.8 %

 Torts 51.6 1.0 49.6 53.5

 Contracts 64.8 0.8 63.1 66.5

 Property 37.7 2.7 32.4 42.9

Median final award to plaintiff winners

 All cases $33,000 $2,319 $29,912 $39,115

 Torts 27,000 2,021 23,999 32,020

 Contracts 45,000 2,528 40,389 50,420

 Property 15,000 2,878 8,746 20,165

Median punitive award to plaintiff winners

 All cases $50,000 $12,822 $29,338 $80,215

 Torts 25,000 10,762 12,908 55,610

 Contracts 83,000 7,243 70,281 99,019

Median months from filing to final verdict

 All cases 20.2 mo 0.6 mo 19.1 mo 21.6 mo

 Torts 21.5 0.6 20.3 22.8

 Contracts 17.7 0.8 16.2 19.4

 Property 18.3 0.7 16.7 19.4

Note: Standard errors were calculated by using the JKn method as generated by WESTAT PC.
Bureau of Justice Statistics

filename: ctcvlc01apc.wk1

Appendix C: Selected characteristics of sampled counties, 2001 survey

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix C: Selected characteristics of sampled counties, 2001 survey

County Primary City Court Name

2001 

Population 

estimate

Minimum 

jurisdiction 

amount in civil 

cases/a

Number of 

general civil 

filings in 2001/

b

Number of 

preemptory 

challenges in

jury trials/c

Maricopa, AZ Phoenix Superior 3,194,798 $5,000 28,052 4

Pima, AZ Tucson Superior 863,049 10,000 6,051 4

Alameda, CA Oakland Superior 1,458,420 25,000 10,481 6

Contra Costa, CA Martinez Superior 975,532 25,000 7,535 6

Fresno, CA Fresno Superior 815,734 25,000 6,012 6

Los Angeles, CA Los Angeles Superior 3,741,300/d 25,000 54,627/g 6

Orange, CA Santa Ana Superior 2,890,444 25,000 16,120 6

San Bernardino, CA San Bernardino Superior 1,766,237 25,000 6,154 6

San Francisco, CA San Francisco Superior 770,723 25,000 7,395 6

Santa Clara, CA San Jose Superior 1,668,309 25,000 7,878 6

Ventura, CA Ventura Superior 770,630 25,000 3,176 6

Fairfield, CT Bridgeport Superior 308,876/e 2,500 6,511/h 3

Hartford, CT Hartford Superior 872,327/f 2,500 8,676/i 3

Dade, FL Miami Circuit 2,289,683 15,001 31,406 3

Orange, FL Orlando Circuit 923,311 15,001 11,031 3

Palm Beach, FL West Palm Beach Circuit 1,165,049 15,001 13,568 3

Fulton, GA Atlanta Superior 816,638 5,000 3,866 6

Honolulu, HI Honolulu Circuit 881,295 20,000 3,665 3

Cook, IL Chicago Circuit 5,350,269 2,500 na 5

Du Page, IL Wheaton Circuit 912,044 2,500 25,099 5

Marion, IN Indianapolis Superior 856,938 6,000 32,620 3

Jefferson, KY Louisville Circuit 692,910 4,000 8,830 3

Essex, MA Salem Superior 730,296 25,000 2,546 4

Middlesex, MA Cambridge Superior 1,463,454 25,000 5,624 4

Suffolk, MA Boston Superior 682,062 25,000 5,980 4

Worcester, MA Worcester Superior 762,207 25,000 2,682 4

Oakland, MI Pontiac Circuit 1,198,593 25,000 12,285 3

Wayne, MI Detroit Circuit 2,045,473 25,000 7,574 3

Hennepin, MN Minneapolis District 1,114,977 7,500 22,131 2

St. Louis, MO St. Louis Circuit 1,015,417 25,000 5,317 3

Bergen, NJ Hackensack Superior 886,680 10,000 11,544 6

Essex, NJ Newark Superior 793,133 10,000 91,165 6

Middlesex, NJ New Brunswick Superior 757,191 10,000 42,496 6

New York, NY New York Supreme 1,541,150 25,000 24,862 3

Mecklenburg, NC Charlotte Superior 716,407 10,000 8,391 8

Cuyahoga, OH Cleveland Common Plea 1,380,421 15,000 13,784 3

Franklin, OH Columbus Common Plea 1,071,524 15,000 12,915 3

Allegheny, PA Pittsburgh Common Plea 1,270,612 8,000 11,069 4

Philadelphia, PA Philadelphia Common Plea 1,491,812 8,000 45,856 4

Bexar, TX San Antonio District 1,417,501 5,000 11,803 6

Dallas, TX Dallas District 2,245,398 5,000 11,251 6

El Paso, TX El Paso District 688,039 5,000 na 6

Harris, TX Houston District 3,460,589 5,000 24,768 6
Fairfax, VA Fairfax Circuit 985,161 15,000 13,221 3

King, WA Seattle Superior 1,741,785 50,000 10,526 3

Milwaukee, WI Milwaukee Circuit 932,012 5,000 12,185 3

Sources: State Court Organization, 1998; State Court Caseload Statistics, 2002 2001 population estimates for each county 

came from the U.S. MapStats website, http://www.fedstats.gov/qf/. The 2001 population estimates for the city of Los Angeles 

http://www.losangelesalmanac.com/topics/Population/po24a.htm 2001 population estimates for the judicial districts of 

Fairfield and Hartford-New Britain, Connecticut came from the U.S. Bureau of the Census website, 

http://eire.census.gov/popest/data/cities/subtab13.php. Filing data were not available for Cook or El Paso County.

a/Minimum jurisdiction amounts only covers the monetary amounts for civil cases that are exclusively within the court of general jurisdiction. 

Civil cases that have shared jurisdiction between the general and limited jurisdiction courts are not included in these amounts.

b/General civil includes tort, contract, and real property cases filed in courts of general jurisdiction.

c/See Appendix D for state required jury size and state decision rule for jury trials.

d/The 2001 population estimate is only for the City of Los Angeles. 2001 Civil trial data were only collected for the central district of 

Los Angeles County Superior Court. Los Angeles county suburban courts are not included.

e/The 2001 population estimate is for Fairfield judicial district. Towns in Fairfield County, CT are located in 4 judicial districts: 

Ansonia-Milford, Danbury, Stramford-Norwalk, and Fairfield. 2001 civil trial data were collected only for Fairfield judicial district. 

The 2001 population estimate for Fairfield, CT, was 885,368.

f/The 2001 population estimate is for the Hartford-New Britain judicial district. The 2001population estimate for Hartford County, CT was 861,152.

g/Includes cases filed in all of Los Angeles county. Filing data were not available for the central district of the Los Angeles County Superior Court. 

h/Includes cases filed in all of Fairfield county. Filing data were not available for the Fairfield judicial district.

i/Includes cases filed in all of Hartford county. Filing data were not available for the Hartford judicial district.
Bureau of Justice Statistics

filename: ctcvlc01apd.wk1

Appendix D: Civil trial juries: size and verdict rules in State courts of general jurisdiction, 2001 survey

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix D: Civil trial juries: size and verdict rules in State courts of general jurisdiction, 2001 survey

State/court Size Civil juries decision-rile

Alabama

Circuit 12 Unanimous

Alaska

Superior 12 5/6 rule

Arizona

Superior 8 3/4 rule

Arkansas

Circuit 12 3/4 rule

Common Pleas 12 3/4 rule

California

Superior 12 3 3/4 rule

Colorado

District 6 Unanimous

Connecticut

Superior 6 Unanimous

Delaware

Superior 12 Unanimous

District of Columbia

Superior 6 5 Unanimous

Florida

Circuit 6 6 Unanimous

Georgia

Superior 12 Unanimous

Hawaii

Circuit 12 9 5/6 rule 10

Idaho

District 12/6 11 3/4 rule
Illinois

Circuit 12/6 12 Unanimous

Indiana

Superior 6 Unanimous

Circuit 6 Unanimous

Iowa

District 8 7/8 rule of unanimous 17

Kansas

District 6/12 19 5/6 rule, or unanimous 20

Kentucky

Circuit 12 3/4 rule

Louisiana

District 12 23 5/6-rule, 9/12-rule

Maine

Superior 8 3/4 rule

Maryland

Circuit 6 Unanimous

Massachusetts

Superior 12 5/6 rule

Michigan

Circuit 6 5/6 rule

Minnesota

District 6 5/6-rule, or Unanimous 24

Mississippi

Circuit 12 3/4 rule

Chancery 12 3/4 rule

Missouri

Circuit 12 3/4 rule

Montana

District 12 25 2/3 rule

Civil juries

State/court Size decision-rule

Nebraska

District 12 5/6 rule, or Unanimous 26

Nevada

District 12 27 3/4 rule

New Hampshire

Superior 12 Unanimous
New Jersey

Superior 6/12 5/6 rule

New Mexico

District 12 5/6 rule

New York

Supreme 6 5/6 rule

County 6 5/6 rule

North Carolina

Superior 12 28 Unanimous 28

North Dakota

District 6/9 Unanimous

Ohio

Common Pleas 12/8 29 3/4 rule

Oklahoma

District 6/12 31 Unanimous

Oregon

Circuit 6/12 33 3/4 rule

Pennsylvania

Common Pleas 12 35 5/6 rule

Puerto Rico

Superior No jury No jury

Rhode Island

Superior 12 Unanimous

South Carolina

Circuit 12 Unanimous

South Dakota

Circuit 12 36 5/6 rule

Tennessee

Circuit 12 Unanimous

Chancery 12 Unanimous

Texas

District 12 5/6 rule

Utah

District 8 3/4 rule of majority

Vermont

Superior 12 Unanimous

District 12 Unanimous
Virginia

Circuit 5/7 39 Unanimous

Washington

Superior 6 41 5/6 rule

West Virginia

Circuit 6 Unanimous

Wisconsin

Circuit 6 43 5/6 rule

Wyoming

District 6 44 Unanimous

Federal

District 6 45 Unanimous

FOOTNOTES:

 Arizona:

1/ Twelve-member jury if death penalty or sentence of thirty years or more.

Arkansas:

2/ May be six at judge's discretion.

California:

3/ Or fewer by agreement of parties.

Connecticut:

4/ Twelve-member jury in capital cases, defendant may elect otherwise.

District of Columbia

5/ In civil trials, six-member jury unless a jury of twelve is demanded.

Florida:

6/ Capital and eminent domain cases require a twelve-member jury (Unanimous verdict).

Georgia:

7/ In state court civil trials, twelve-member jury may be demanded if damages

 are greater than $10,000, otherwise six.

Hawaii:

8/ Crimes punishable by six months or more.

9/ May stipulate that the jury consist of any number less than twelve or 

that a verdict on finding of a stated majority of jurors is taken as the verdict or finding of the jury.

10/ Can stipulate to six-member with 5/6-rule.

Idaho:

11/ Limited to six in cases involving less than $500.00.

Illinois:

12/ In civil trials, six-member jury unless twelve are requested.

Indiana:

13/ Twelve for class A, B, and C felonies; six for other felonies.

14/ Only tries class D felonies.

15/ No jurisdiction over felonies.

Iowa:

16/ In misdemeanor trials, twelve-member jury if "serious" or "aggravated," six if "simple."

17/ In civil trials, 7/8-rule applies after six hours of deliberation.

Kansas:

18/ In felony trial, must start with twelve members.

19/ In civil trials, twelve-member jury if damages are greater than $10,000, otherwise six. 
20/ In civil trials, 5/6-rule applies with twelve jurors, otherwise must be unanimous.

Louisiana:

21/ Capital cases and cases where punishment necessarily is confinement at hard labor=twelve jurors. Cases where 

punishment may be confinement at hard labor=six jurors.

22/ Capital cases=unanimous; cases where punishment necessary is confinement at hard labor=10/12; cases where 

punishment may be confinement at hard labor=unanimous.

23/ Parties may stipulate to a six person jury.

Minnesota:

24/ If deliberate more than six hours.

Montana:

25/ In misdemeanor and civil trials, four-member jury if both parties agree.

Nebraska:

26/ In civil trials, 5/6-rule after six hours deliberation.

Nevada:

27/ Parties may stipulate to a jury of 4-8.

North Carolina:

28/ Except in actions in which a jury is required by statute, the parties may stipulate that the jury shall consist of any 

number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict

or finding of the jury.

Ohio:

29/ Twelve person only when action for appropriation of right-of-way by a corporation.

Oklahoma:

30/ In cases where imprisonment is authorized for more than six months, all jurors must concur in the verdict.

31/ In civil trials, twelve-member jury if damages are greater than $2,500, otherwise six.

Oregon:

32/ In murder trials, verdict must be unanimous.

33/ Six person if cause of action less than $10,000.00.

Pennsylvania:

34/ Upon consent, may be less than twelve, but not less than six.

35/ Twelve is subject to waiver.

South Dakota:

36/ Small claims actions - six person jury allowed (beginning 7/1/98 pilot

Utah:

37/ Twelve member jury for capital offense.

38/ In class A misdemeanor trials, a six-member jury is required. In class C and D misdemeanor trials, a 

four-member jury is required.

Virginia:

39/ In civil trials, a twelve-member jury may be allowed by judge.

Washington:

40/ In non-capital cases, defendant may elect trial before a six-member jury.

41/ In a civil trial, may demand a twelve-member jury.

Wisconsin:

42/ Both parties may agree, in writing or on the record, to any number less than twelve.

43/ In civil or traffic cases, a party may request, or the court on its own motion may require a greater number, 

not to exceed twelve.

Wyoming:

44/ In civil trials, six-member jury unless demand made for twelve.

Federal:

45/ In civil trials, six-member jury unless a jury of twelve is demanded (local rules). 

Even absent stipulation, if the court finds it necessary to excuse a juror, 

a valid verdict may be returned by the remaining eleven.

Source: David B. Rottman, et al. State Court Organization, 1998. National Center for State Courts. NCJ 178932,

June 2000.
Bureau of Justice Statistics

filename: ctcvlc01apf.wk1

Appendix F: Final and puntive damage awards for plaintiff winners in jury trials, by sampled counties, 2001

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix F: Final and punitive damage awards for plaintiff winners in jury trials, by sampled counties, 2001

Total number Number of Final amount awarded to plaintiff winners Punitive damages awarded to plaintiff winners

County of jury trials plaintiff winners Total of all awards Median award Number Total of all awards Median award

Maricopa, AZ 282 153 $63,131,000 $24,000 8 $31,930,000 $90,000

Pima, AZ 78 50 8,014,000 31,000 4 26,000 6,000

Alameda, CA 64 38 177,520,000 89,000 3 4,101,000 500,000

Contra Costa, CA 24 9 3,092,000 179,000 -- -- --

Fresno, CA 36 22 20,429,000 89,000 3 137,000 50,000

Los Angeles, CA/a 165 87 33,993,000 120,000 7 1,904,000 35,000

Orange, CA 179 86 164,985,000 76,000 12 25,809,000 238,000

San Bernardino, CA 62 28 32,981,000 107,000 2 27,000 14,000

San Francisco, CA 94 49 141,505,000 152,000 2 240,000 120,000

Santa Clara, CA 53 35 7,612,000 43,000 2 380,000 190,000

Ventura, CA 47 23 3,168,000 58,000 1 100,000 100,000 *

Fairfield, CT/b 65 40 3,570,000 21,000 -- --

Hartford, CT/c 91 52 7,436,000 18,000 2 160,000 80,000

Dade, FL 310 178 534,483,000 74,000 4 279,600,000 2,300,000

Orange, FL 32 22 4,783,000 124,000 2 300,000 150,000

Palm Beach, FL 158 97 21,882,000 43,000 1 4,000,000 4,000,000 *

Fulton, GA 110 75 9,197,000 10,000 4 381,000 53,000

Honolulu, HI 9 5 5,778,000 550,000 2 2,301,000 1,150,000

Cook, IL 350 195 156,485,000 80,000 4 188,000 5,000

Du Page, IL 97 59 8,999,000 8,000 1 150,000 150,000 *

Marion, IN 84 44 2,511,000 13,000 3 510,000 5,000

Jefferson, KY 127 56 8,639,000 25,000 3 99,000 20,000

Essex, MA 22 10 10,725,000 34,000 -- -- --

Middlesex, MA 106 28 22,570,000 68,000 2 25,000 13,000

Suffolk, MA 48 20 6,190,000 56,000 1 2,750,000 2,750,000 *

Worcester, MA 36 7 280,000 39,000 1 18,000 18,000 *

Oakland, MI 124 62 11,992,000 56,000 -- -- --

Wayne, MI 160 54 30,506,000 81,000 -- -- --

Hennepin, MN 161 73 8,543,000 43,000 -- -- --

St. Louis, MO 84 47 3,964,000 16,000 2 28,000 14,000

Bergen, NJ 139 47 8,324,000 35,000 3 305,000 105,000

Essex, NJ 136 56 15,044,000 38,000 1 2,000 2,000 *

Middlesex, NJ 260 90 16,260,000 58,000 3 554,000 38,000

New York, NY 283 130 179,319,000 280,000 3 7,850,000 700,000

Mecklenburg, NC 86 56 12,161,000 14,000 3 518,000 16,000

Cuyahoga, OH 211 120 38,254,000 20,000 5 1,471,000 100,000

Franklin, OH 110 67 25,302,000 25,000 11 4,493,000 10,000

Allegheny, PA 185 71 23,526,000 19,000 2 3,010,000 1,505,000

Philadelphia, PA 432 219 375,713,000 74,000 5 149,141,000 49,000

Bexar, TX 74 32 101,410,000 35,000 4 77,012,000 969,000

Dallas, TX 226 122 567,656,000 45,000 11 392,521,000 275,000

El Paso, TX 54 25 19,242,000 40,000 7 1,566,000 45,000

Harris, TX 383 155 93,479,000 37,000 9 35,271,000 90,000

Fairfax, VA 170 92 10,551,000 13,000 9 1,039,000 18,000

King, WA 116 69 46,784,000 32,000 4 125,000 10,000

Milwaukee, WI 86 59 6,487,000 15,000 1 2,000 2,000 *

Note: Excludes cases with missing award amounts. Final amount awarded includes both compensatory (reduced for contributory negligence), costs and fees, 

and punitive damage awards. Award data were rounded to the nearest $1,000. Eminent 

domain cases are not calculated among final awards because there is always an award; the issue is how much the defendant 

(whose property is being condemned) will receive for the property.

 -- No cases recorded.

*Not a median but the actual amount awarded.

a/Includes only the central district of the Los Angeles County Superior Court. Los Angeles suburban courts are not included.

b/Includes only cases for Fairfield judicial district.

c/Includes only cases for Hartford-New Britain judicial district.
Bureau of Justice Statistics

filename: ctcvlc01apg.wk1

Appendix G: Final and punitive damage awards for plaintiff winners in bench trials, by sampled counties, 2001 survey

title: Civil Trial Cases and Verdicts in Large Counties, 2001, NCJ 202803

data source: Civil Justice Survey of State Courts, 2001

author: Thomas H. Cohen & Steven K. Smith

refer question: askbjs@ojp.usdoj.gov (202) 307-0765

date of version: 02/11/04

Appendix G: Final and punitive damage awards for plaintiff winners in bench trials, by sampled counties, 2001 survey

Total number Final amount awarded to plaintiff winners Punitive damages awarded to plaintiff winners

County of bench trials Number of winners Total of all awards Median award Number Total of all awards Median award

Maricopa, AZ 23 15 $1,072,000 $41,000 1 $10,000 $10,000 *

Pima, AZ 15 11 425,000 23,000 2 16,000 8,000

Alameda, CA 35 17 3,506,000 84,000 1 350,000 350,000 *

Contra Costa, CA 14 8 876,000 81,000 2 25,000 13,000

Fresno, CA 10 5 2,398,000 81,000 1 46,000 46,000

Los Angeles, CA/a 125 68 9,816,000 57,000 4 205,000 61,000

Orange, CA 173 91 59,955,000 61,000 6 341,000 53,000

San Bernardino, CA 37 18 7,506,000 59,000 2 3,005,000 1,503,000

San Francisco, CA 50 35 29,507,000 64,000 2 23,000 12,000

Santa Clara, CA 44 27 16,178,000 93,000 2 400,000 200,000

Ventura, CA 33 22 2,121,000 30,000 1 5,000 5,000 *

Fairfield, CT/b -- -- -- -- -- -- --

Hartford, CT/c 7 3 911,000 39,000 1 469,000 469,000 *

Dade, FL 4 2 289,000 144,000 -- -- --

Orange, FL 11 4 6,123,000 56,000 -- -- --

Palm Beach, FL 35 23 2,913,000 35,000 -- -- --

Fulton, GA 12 10 642,000 16,000 -- -- --

Honolulu, HI 14 9 1,800,000 64,000 1 200,000 200,000 *

Cook, IL 47 26 1,556,000 59,000 -- -- --

Du Page, IL 30 22 441,000 5,000 -- -- --

Marion, IN 40 22 633,000 6,000 -- -- --

Jefferson, KY 21 12 206,000 8,000 1 1,000 1,000 *

Essex, MA 3 1 49,000 49,000* -- -- --

Middlesex, MA 9 3 325,000 45,000 -- -- --

Suffolk, MA 4 3 68,000 8,000 -- -- --

Worcester, MA 4 2 795,000 398,000 -- -- --

Oakland, MI 48 27 4,255,000 50,000 -- -- --

Wayne, MI 45 20 789,000 26,000 -- -- --

Hennepin, MN 38 26 1,831,000 21,000 -- -- --

St. Louis, MO 56 36 4,254,000 43,000 3 160,000 5,000

Bergen, NJ 61 39 18,409,000 19,000 1 65,000 65,000 *

Essex, NJ 12 9 272,000 27,000 -- -- --

Middlesex, NJ 19 12 827,000 23,000 1 1,000 1,000 *

New York, NY 22 11 10,042,000 305,000 -- -- --

Mecklenburg, NC 13 8 968,000 46,000 -- -- --

Cuyahoga, OH 35 24 2,152,000 37,000 1 300,000 300,000 *

Franklin, OH 39 24 6,522,000 29,000 2 168,000 84,000

Allegheny, PA 130 100 3,083,000 8,000 1 41,000 41,000 *

Philadelphia, PA 178 137 15,111,000 16,000 -- -- --

Bexar, TX 45 21 1,721,000 30,000 1 50,000 50,000 *

Dallas, TX 33 26 4,475,000 44,000 2 775,000 388,000

El Paso, TX 46 39 2,212,000 13,000 1 102,000 102,000 *

Harris, TX 137 84 9,595,000 27,000 2 430,000 215,000

Fairfax, VA 73 57 3,633,000 15,000 3 63,000 30,000

King, WA 89 48 5,905,000 20,000 1 10,000 10,000 *

Milwaukee, WI 36 20 915,000 17,000 2 101,000 50,000

Note: Excludes cases with missing award amounts. Final amount awarded includes both compensatory (reduced for contributory negligence), 

costs and fees, and punitive damage awards. Award data were rounded to the nearest $1,000. Eminent 

domain cases are not calculated among final awards because there is always an award; the issue 

is how much the defendant (whose property is being condemned) will receive for the property.

 -- No cases recorded.

*Not a median but the actual amount awarded.

a/Includes only the central district of the Los Angeles County Superior Court. Los Angeles county suburban courts are not included.

b/Includes only cases for Fairfield judicial district.

c/Includes only cases for Hartford-New Britain judicial district.