By Carol J. DeFrances, Ph.D.

and Marika F.X. Litras, Ph.D.

BJS Statisticians

State courts of general jurisdiction in

the Nation’s 75 largest counties disposed of by trial over 15,000 tort, contract, and real property rights cases

between January and December 1996.

About 70% of the trial cases were

decided by a jury and 30% by a judge.

Tort claims comprised 66% of the trial

cases disposed. Plaintiffs won in 52%

of trial cases and were awarded $3

billion in compensatory and punitive

damages. The median total award was

$33,000. The majority of trial cases

(60%) were disposed of in less than 

2 years.

These are some of the findings from a

study of civil trial cases in State courts

involving tort, contract, and real property cases in the Nation’s 75 largest

counties. This study expands the 1992

civil jury trial study (Civil Jury Cases

and Verdicts in Large Counties, NCJ

154346) by specifically sampling bench

and jury trial cases. The sample of civil

trial cases excluded civil cases outside

tort, contract, and real property cases,

Federal trials, trials in counties outside

the 75 largest, and trials in State courts

of limited jurisdiction.

 ̆ During 1996 over 15,000 tort, contract, and real property cases were

disposed of by trial verdict in the Nation’s 75 largest counties. About 70%

of these cases were decided by a jury.

 ̆ Two-thirds of disposed trial cases

involved tort claims and about onethird involved contractual issues. Tort

cases (85%) were more likely than

contract cases (36%) to be disposed

of by jury trial.

 ̆ Individuals were plaintiffs in 82%

of all trial cases disposed of during

1996. Individuals sued businesses

in 37% of all trial cases and other

individuals in an additional 34%.

 ̆ Overall, plaintiffs won in 52% of trial

cases. Plaintiffs won in bench cases

(62%) more than in jury cases (49%),

and in contract cases (62%) more than

in either tort (48%) or real property cases

(32%) .

 ̆ An estimated $3 billion in compensatory and punitive damages were 

awarded to plaintiff winners in trial

cases. Juries awarded an estimated

total of $2.4 billion to plaintiff winners

while $629 million was awarded by

judges. The median total award for

plaintiff winners in jury cases was

$35,000 and in bench cases,

$28,000.

 ̆ Punitive damages, estimated at

$637 million, were awarded to 5% 

of plaintiff winners in trial cases, 

with a median of $40,000.

 ̆ About 70% of bench cases and

56% of jury cases were disposed 

of in less than 2 years. The median 

processing time from filing to final

verdict or judgment was 22.1 months 

for jury cases and 17.8 months for

bench cases. 

Civil trial cases

 Jury Bench O ther *

 15,638

10,616 4,628 394

 Plaintiff won

5,162

 Plaintiff won Plaintiff won

 114

 Punitive damages Punitive damages Punitive damages

212 136 1 2

*Includes directed verdicts, judgments notwithstanding the verdict, and jury trials for defaulted defendants. 

2,849

Tracking tort, contract, and real property cases disposed of by trial in State

courts in the Nation’s 75 largest counties, 1996

Highlights

Bureau of Justice Statistics

Bulletin

U.S. Department of Justice

Office of Justice Programs

Civil Justice Survey of State Courts, 1996 

Civil Trial Cases and Verdicts

in Large Counties, 1996

 September 1999, NCJ 173426
Cases that reach trial

During calendar year 1996, State

courts of general jurisdiction in the

Nation’s 75 largest counties disposed

of an estimated 15,600 tort, contract,

and real property rights 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 only a small percentage are actually disposed of by jury or

bench trial verdict. (See Tort Cases 

in Large Counties, NCJ 153177, April

1995 and Contract Cases in Large

Counties, NCJ 156664, February

1996).

Two-thirds (66%) of civil trial cases

disposed of in the Nation’s 75 largest

counties during 1996 involved a tort

claim, in which plaintiffs alleged injury,

loss, or damage from negligent or

intentional acts of defendants. Cases

dealing with allegations of breach of

contract (contract cases) accounted for

31% of trial cases, and claims dealing

with the ownership of real property

(real property rights cases) about 3%

(table 1).

The most frequent kinds of civil cases

disposed by trial verdict were automobile accident cases (32%) and premises liability cases (14%) which allege 

harm from inadequately maintained or

dangerous property.

1

 Of all civil cases

disposed of by trial verdict, seller plaintiff cases accounted for 11%, medical

malpractice cases 8%, and product

liability 3%.

While most civil trial cases involved

a single type of claim, about 8% of all

trial cases had a second civil claim

associated with it (not shown in a

table).

Types of cases disposed by trial

Overall, about 68% of all trial cases

were decided by a jury (figure 1). Tort 

cases (85%) were more likely than

contract cases (36%) or real property

cases (21%) to be decided by jury trial.

The majority of contract (61%) and real

property cases (78%) were disposed of

by bench trial.

Nine out of ten medical malpractice

and asbestos product liability cases

disposed of by trial were decided by a

jury (not shown in a table). All seven

breast implant product liability cases

and the vast majority of automobile tort

cases were disposed of by jury trial.

Among contract cases, two-thirds of

employment discrimination suits were

decided by a jury.

Bench trials disposed of 77% of seller

plaintiff cases, 72% of rental lease 

cases and 53% of fraud cases (not

shown in a table). Three-fourths of real

property rights cases disposed of by

trial also were decided by a judge.

Buyer plaintiff and tortious interference

cases were evenly disposed of by jury

(48%) and bench trials (48%).

2

2 Civil Trial Cases and Verdicts in Large Counties, 1996 

All trial cases

Tort

Contract

Real property

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

Jury

Bench

Note: Data for case type were available for

99.2% of the 15,766 trial cases. 

Detail may not sum to total because of rounding. a

All trial cases include bench and jury trials,

trials with a directed verdict, judgment notwithstanding, and jury trials for defaulted

defendants.

b

Includes title disputes, bounding disputes,

and other real property cases.

Other real property 281 1.8 b

Eminent domain 229 1.5

Real property cases 510 3.3%

Other contract 291 1.9

Tortious interference 236 1.5

Rental/lease 500 3.2

Other employment dispute 309 2.0

Employment discrimination 311 2.0

Mortgage foreclosure 65 0.4

Buyer plaintiff 832 5.3

Seller plaintiff 1,637 10.5

Fraud 668 4.3

Contract cases 4,850 31.0%

Other negligence 645 4.1

Slander/libel 109 0.7

Professional malpractice 186 1.2

Medical malpractice 1,201 7.7

Intentional tort 491 3.1

Other 231 1.5

Breast implant 7 0.0

Asbestos 183 1.2

Product liability

Premises liability 2,232 14.3

Automobile 4,994 31.9

Tort cases 10,278 65.7%

All 15,638 100.0%

Case Type Percent

Number

of all trial

casesa

Table 1. Civil trial case types disposed

of in State courts in the Nation's 75

largest counties, 1996

Note: Data were missing for type of case in 127 cases and for type of trial in 23 cases.

Not shown are cases disposed of by directed verdict, judgment notwithstanding, and jury

verdicts for defaulted defendants. These cases make up 3% of all cases, 2% of tort

cases, 3% of contract cases, and 1% of real property cases.

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

in the Nation’s 75 largest counties, 1996

Figure 1

1

The term verdict is used throughout the report

to refer to jury verdicts and judgments entered

by a judge. 2

Tortious interference cases are tort claims

arising out of contractual disputes. In this 

report, tortious interference cases are classified 

as contract cases.
Type of litigants: Plaintiffs

In 82% of all trial cases, the plaintiff

was an individual.3

 Businesses were

plaintiffs in 16% of all trial cases,

government agencies, 2%, and hospitals, 0.4% (table 2). In 91% of jury

trials, the plaintiff was an individual

compared to 59% of bench trials.

About a third of bench trials had a

business as the plaintiff.

Because tort litigation primarily involves

personal injury, over 95% of tort trial

cases had an individual as the plaintiff

(table 3). In 55% of all contract trial

cases, the plaintiff was an individual.

Among specific types of contract

cases, the type of plaintiff varied. In

over half of seller plaintiff cases (66%),

mortgage foreclosure cases (58%),

tortious interference cases (55%), and

rental/lease cases (51%), the plaintiff

was a business. In 4% of other

employment disputes, the plaintiff was

a government agency. Two percent of

seller plaintiff and other contract cases

had a hospital as the plaintiff.

Type of litigants: Defendants

Defendants in trial cases were primarily

divided between businesses (48%) and

individuals (40%).

4

 Of all trial cases,

governmental agencies were named

as a defendant in 7%, and hospitals in

6% (table 2). In jury trial cases, 45%

of the defendants were businesses

and 41% were individuals. Businesses

(54%) were more likely than

individuals, (39%) to be named as

defendants in bench trial cases.

 Civil Trial Cases and Verdicts in Large Counties, 1996 3

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

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

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

defendant" even if there were also business, individual, and government defendants in the case.

Data on type of plaintiff and defendant were available for 99.8% of all trial cases and jury cases, 

99.6% of bench trial cases, and all other trial cases with a known case type.

--No cases recorded.

a

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

Includes medical companies.

c

The number of other cases includes cases with a directed verdict, those with a judgment notwithstanding the verdict and those with a jury trial for defaulted defendants.

Other trial cases 394 100 26.3 5.4 61.4 6.9 c

Bench trial cases 4,609 100 38.9 5.7 53.5 1.9

Jury trials cases 10,598 100 40.7 6.9 45.2 7.2

All trial cases 15,601 100% 39.8% 6.5% 48.1% 5.6%

Hospitalb Business Government a Number Total Individual

Defendants

Other trial cases 394 100 83.1 0.7 16.1 -- c

Bench trial cases 4,609 100 59.1 4.1 35.8 0.9

Jury trial cases 10,598 100 91.1 0.9 7.8 0.2

All trial cases 15,601 100% 81.5% 1.8% 16.3% 0.4%

Hospitalb Business Government a Type of disposition Number Total Individual

Plaintiffs

Table 2. Type of plaintiffs or defendants, by disposition of civil trial cases

in State courts in the Nation's 75 largest counties, 1996

3

Each civil trial case, regardless of the number

of plaintiff types involved, was given one of four

plaintiff designations from the following hierarchy: hospital, business, government, and

individual. A case with multiple plaintiffs was

assigned the plaintiff type which appeared 

first in the hierarchy. 4

A case with multiple defendants was assigned

the defendant type which appeared first in the

hierarchy.
In tort trial cases, 43% of defendants

were individuals, and another 42%

were businesses. Individuals (63%)

were more likely than businesses

(31%) to be named as defendants in

automobile trial cases. In asbestos

(100%) and other product liability

(97%) cases, virtually all defendants

were businesses (table 3).

About 63% of defendants in contract

trial cases were businesses. In buyer

plaintiff cases, 82% of the defendants

were businesses, and in tortious interference cases, 74% of defendants

were businesses.

In 25% of employment discrimination

cases and 13% of intentional tort cases

decided by trial, the defendant was a

governmental agency. Hospitals were

named as defendants in 56% of

medical malpractice cases.

4 Civil Trial Cases and Verdicts in Large Counties, 1996 

a

Includes insurance companies, banks, other businesses and

organizations. b

Includes medical companies.

c

All trial cases include cases disposed by jury trial, bench trial, 

directed verdicts, judgment not withstanding the verdict, and jury

trials for defaulted defendants.

d

Includes title disputes, bounding disputes, and other real property

cases.

Note: Data on type of plaintiff and defendant were available for 99.8% 

of trial cases with a known case type.

Detail may not sum to total because of rounding.

Plaintiff or defendant type for each case is whichever type appears first in this

list: (1) hospital/medical company, (2) business, (3) governmental agency,

and (4) individual.

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

with a "hospital defendant" even if there were also business, individual, and

government defendants in the case.

--No cases recorded.

 Other real property 100 72.0 3.7 23.9 0.4 100 57.8 16.5 25.7 -- d

 Eminent domain 100 7.2 86.8 5.9 -- 100 25.1 26.1 48.9 --

Real property cases 100% 43.1% 40.8% 15.9% 0.2% 100% 43.2% 20.7% 36.0% --

 Other contract 100 55.0 0.4 42.7 1.8 100 37.9 9.2 51.2 1.7

 Tortious interference 100 44.1 0.5 54.9 0.4 100 25.1 0.8 73.6 0.4

 Rental/lease 100 47.1 1.7 50.8 0.4 100 46.9 2.9 49.2 1.0

 Other employment dispute 100 82.4 3.7 13.3 0.6 100 14.1 9.9 69.1 6.9

 Employment discrimination 100 93.8 1.5 4.7 -- 100 5.1 24.8 65.5 4.5

 Mortgage foreclosure 100 42.1 -- 57.9 -- 100 30 -- 66.9 3.1

 Buyer plaintiff 100 72.9 -- 26.0 1.1 100 16.0 1.2 82.4 0.3

 Seller plaintiff 100 32.2 0.3 65.7 1.8 100 43.4 0.9 54.9 0.8

 Fraud 100 68.2 0.6 30.3 0.8 100 32.8 1.1 66.1 --

Contract cases 100% 54.9% 0.8% 43.2% 1.1% 100% 31.9% 3.8% 63.0% 1.3%

 Other negligence 100 89.2 0.8 10.0 -- 100 27.3 15.5 55.5 1.7

 Slander/libel 100 91.3 -- 8.7 -- 100 34.3 2.8 62.9 --

 Professional malpractice 100 87.9 2.3 9.3 0.5 100 45.4 1.6 47.4 5.6

 Medical malpractice 100 98.9 0.2 0.7 0.3 100 40.6 1.1 2.7 55.6

 Intentional tort 100 94.9 0.4 4.6 -- 100 46.5 13.4 37.9 2.1

 Other 100 89.3 1.1 9.6 -- 100 1.0 -- 96.8 2.2

 Breast implant 100 100.0 -- -- -- 100 -- -- 84.8 15.2

 Asbestos 100 99.5 -- 0.5 -- 100 -- -- 100.0 --

 Product liability

 Premises liability 100 96.8 0.4 2.8 -- 100 14.1 10.4 71.4 4.2

 Automobile 100 96.3 0.3 3.4 0.1 100 62.7 6.1 30.8 0.3

Tort cases 100% 95.9% 0.4% 3.6% 0.1% 100% 43.4% 7.0% 41.6% 8.0%

All trial casesc 100% 81.5% 1.8% 16.3% 0.4% 100% 39.8% 6.5% 48.1% 5.6%

Hospitalb Business Government a Hospital Total Individual b Business Government a Type of case Total Individual

Plaintiffs Defendants

Table 3. Type of plaintiffs or defendants, by selected types of civil trial cases

in State courts in the Nation's 75 largest counties, 1996
Who sues whom? 

Individuals sued businesses in 37% of

all trial cases and other individuals in

an additional 34% of trial cases (table

4). In 9% of trial cases a non-individual

sued a business. The most common

type of jury trial case involved an

individual suing a business (39%) or

another individual (38%). 

Bench trial cases were divided among 

an individual suing a business (29%),

an individual suing another 

individual (25%), and a non-individual

suing a business (22%). In another

12% of bench trials, a non-individual

sued an individual.

Multiple plaintiffs and defendants

In 1996 tort, contract, and real property

trial cases disposed of in State general

jurisdiction courts in the Nation’s 75

largest counties involved over 56,000

litigants. The median number of

litigants per case was 3; the average

was 4.

Trial cases with multiple defendants

were more prevalent than those with

multiple plaintiffs. About three-fourths

of all trial cases disposed of had one

plaintiff, and half had one defendant.

Half of asbestos product liability cases

had 18 or more defendants per case.

The seven breast implant product liability trial cases had an average of 8

defendants (not shown in a table).

 Civil Trial Cases and Verdicts in Large Counties, 1996 5

this list: 1) hospital/medical company; 2) corporate/business

litigants; 3) government agencies; 4) individuals. For example, any

case involving a hospital defendant is categorized as a case with a

"hospital defendant" even if there were also business, individual,

and government defendants in the case. c

Business litigants include insurance companies, banks, other

businesses, and other organizations. d

May include government, business, and/or hospital litigants.

Note: Data on litigant pairings were available for 99.8% of all cases, 99.8% of

jury cases, 99.6% of bench cases, and 100% of other trial cases with a known

case type.

Detail may not sum to total due to rounding.

--No cases recorded.

a

The number of other cases includes cases with a directed verdict, those with

a judgment not withstanding the verdict, and those with a jury trial for defaulted

defendants.

b

Plaintiff or defendant type for each case is whichever type appears first in

 Hospital 24 0.2 -- -- 24 0.5 -- --

 Business 1,470 9.4 438 4.1 999 21.7 33 8.4 c

 Government 124 0.8 25 0.2 99 2.1 -- --

 Individual 759 4.9% 181 1.7% 563 12.2% 16 4.0%

Non-individuald

 versus 

 Hospital 12 0.1 10 0.1 2 0.0 -- --

 Business 344 2.2 204 1.9 128 2.8 12 3.1 c

 Government 16 0.1 10 0.1 6 0.1 -- --

 Individual 143 0.9% 75 0.7% 63 1.4% 5 1.4%

Individual and non-individuald

 versus 

 Hospital 843 5.4 753 7.1 62 1.3 27 6.9

 Business 5,687 36.5 4,150 39.2 1,341 29.1 197 49.9 c

 Government 871 5.6 694 6.5 156 3.4 21 5.4

 Individual 5,307 34.0% 4,057 38.3% 1,167 25.3% 82 20.9%

Individual versus 

All trial cases 15,601 100.0% 10,598 100.0% 4,609 100.0% 394 100.0%

Plaintiff versus defendant Number Percent Number Percent Number Percent Number Percent b

Other casesa All cases Jury cases Bench cases

Table 4. Pairings of primary litigants in civil trial cases, by selected case types in State courts

in the Nation's 75 largest counties, 1996
Trial verdicts

Overall, plaintiffs won in 52% of trial

cases. Plaintiff success varied by type

of trial and type of case. Plaintiffs were

more likely to win in bench trial cases

(62%) than in jury trial cases (49%).

They were also more likely to win in

contract cases (62%) more than in

either tort (48%) or real property (32%)

cases (table 5).

In 49% of jury trial cases, the defendant was found liable. Plaintiffs were

more successful in tortious interference

cases (67%) and automobile cases 

(57%) than in other product liability

(31%) and medical malpractice (23%)

cases. Plaintiffs won 55% of the asbestos product liability cases and 34% of

the 7 breast implant cases.

In bench trial cases, plaintiffs won 86%

of mortgage foreclosure cases, 79% of

seller plaintiff cases and 70% of other

product liability cases. Judges decided

in favor of the plaintiff least often in

eminent domain cases (12%) and

employment discrimination cases 

(26%).

Trial awards

During 1996 plaintiff winners in civil

trials were awarded an estimated total

of $3 billion in compensatory and punitive damages in the Nation’s 75 largest

counties. Nearly two-thirds of this total

amount (just over $2 billion) was

awarded in tort cases alone. The

median amount awarded to plaintiff

winners for all trial cases was $33,000.

About 16% of plaintiff winners were

awarded over $250,000 in total damages while an estimated 6% were

awarded $1 million or more (table 6).

6 Civil Trial Cases and Verdicts in Large Counties, 1996 

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

Excludes cases in which both the plaintiff and defendant won damages,

cases in which the plaintiff won the liability trial, and cases in which the

defendant won the liability trial. c

Includes title disputes, bounding disputes, and other real property cases.

Note: Data on plaintiff award winners were available for 99.8% of all trials

with a known case type, 99.8% of jury trials, 99.9% bench trials, and 99.5%

of other trial cases with a known case type.

Detail may not sum to total because of rounding.

--No cases recorded.

a

The number of other cases includes cases with a directed verdict, judgment

 Other real property 281 41.8 32 42.8 245 42.1 3 0.0 c

 Eminent domain 229 19.6 73 32.5 154 12.1 3 100.0

Real property cases 510 31.8% 105 35.7% 399 30.5% 6 49.1%

 Other contract 290 52.4 97 60.3 185 49.9 7 13.5

 Tortious interference 236 56.9 112 66.7 113 46.8 11 60.1

 Rental/lease 500 62.7 134 47.2 359 68.9 7 40.1

 Other employment dispute 309 50.4 137 53.4 153 52.3 19 13.2

 Employment discrimination 311 41.1 208 47.6 87 26.0 16 40.0

 Mortgage foreclosure 65 80.1 7 85.6 54 85.5 4 0.0

 Buyer plaintiff 829 55.7 399 49.0 398 65.2 32 22.4

 Seller plaintiff 1,636 75.7 355 64.6 1,254 79.3 27 52.5

 Fraud 668 57.7 290 57.6 352 59.1 25 39.8

Contract cases 4,844 62.4% 1,740 55.6% 2,955 67.8% 150 34.1%

 Other negligence 645 50.8 494 51.9 132 50.9 19 19.2

 Slander/libel 109 34.2 78 36.0 25 35.9 5 0.0

 Professional malpractice 185 42.6 110 36.2 68 54.3 7 29.0

 Medical malpractice 1,195 23.4 1,112 23.0 53 38.2 30 10.7

 Intentional tort 491 57.0 351 55.9 128 62.9 11 21.9

 Other 231 37.2 194 30.9 34 70.3 3 69.2

 Breast implant 7 34.2 7 34.2 -- -- -- --

 Asbestos 174 55.6 172 55.1 -- -- 2 100.0

 Product liability

 Premises liability 2,229 39.6 1,796 37.9 352 52.4 81 21.4

 Automobile 4,994 57.5 4,437 57.3 479 62.9 77 35.2

Tort cases 10,259 48.2% 8,751 47.5% 1,271 56.9% 237 25.4%

All trial cases 15,613 52.0% 10,596 48.7% 4,625 61.6% 392 29.1%

Plaintiff

winnersb Number

Plaintiff

winnersb Number

Plaintiff

winnersb Number

Plaintiff

winnersb Case type Number

Other trialsa All trial cases Jury trials Bench trials

Table 5. Trial award winners in the Nation's 75 largest counties, 1996
Compensatory damages include all

financial losses that are the result of

the defendant’s conduct. In tort and

contract cases, this refers typically to

economic losses for which trial winners

receive compensation (sometimes

called “special” damages). In tort

cases, however, compensatory

damages refer also to noneconomic

losses, such as pain, suffering, and

emotional distress (sometimes called

“general” damages). Economic and 

noneconomic compensatory damages

cannot be distinguished in the data for

detailed analysis. 

Included also in the total award amount

are punitive damages. Awards for

punitive damages are almost exclusively reserved for tort claims in which

the defendant’s conduct was grossly

negligent or intentional.

Looking at particular types of cases,

plaintiff winners in medical malpractice

cases received a median award of

$286,000, with 1 in 5 receiving awards

of $1 million or more. In contract

cases involving employment discrimination, the median award was

$200,000. In tort cases involving

automobiles, the most common type of

civil trial, the median award among

plaintiff winners was $18,000.

 Civil Trial Cases and Verdicts in Large Counties, 1996 7

Note: Data for case type and final awards were available for 97.1%

of all plaintiff winners. Award data were rounded to the nearest thousand.

Final amount awarded includes both compensatory (reduced for contributory negligence)

and punitive damage awards.

--No cases recorded.

*Not a median but the actual amount awarded.

a

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

with a judgment not withstanding the verdict and those with a jury trial for defaulted defendants.

In one jury trial case, the plaintiff winner(s) was awarded over $40 billion. This case was excluded

from the above analysis. b

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.

Real property casesb 60 $37,292 $86 33.6% 12.2%

 Other contract 140 63,773 49 19.9 11.0

 Tortious interference 131 116,749 61 21.6 11.6

 Rental/lease 304 35,838 32 9.2 3.9

 Other employment dispute 153 50,533 53 23.8 6.3

 Employment discrimination 119 55,883 200 43.1 11.6

 Mortgage foreclosure 50 3,998 51 -- --

 Buyer plaintiff 449 113,201 23 10.5 4.2

 Seller plaintiff 1,225 223,155 34 10.6 2.2

 Fraud 382 262,729 49 17.1 7.2

Contract cases 2,953 $925,859 $37 14.0% 4.7%

 Other negligence 323 658,330 76 27.2 10.5

 Slander/libel 37 10,412 22 23.1 9.0

 Professional malpractice 79 21,712 86 23.2 7.6

 Medical malpractice 272 336,315 286 51.0 20.2

 Intentional tort 280 81,616 32 19.3 7.8

 Other 81 57,146 176 40.5 15.3

 Breast implant 1 1,108 1,108* 100.0 100.0

 Asbestos 81 46,230 309 50.6 12.1

 Product liability

 Premises liability 871 329,289 57 22.0 5.1

 Automobile 2,853 557,564 18 8.7 3.4

Tort cases 4,879 $2,099,723 $31 16.9% 5.8%

 All trial cases 7,892 $3,062,874 $33 15.9% 5.5%

$1 million

or more

Over

$250,000

Median

sands)

Total

Case type (in thou

Percent of plaintiff

winner cases with

final awards 

Final amount awarded

to plaintiff winners

Number of all

trial cases with

a plaintiff

winnera

Table 6. Final award amounts for civil trial cases with plaintiff winners

in State courts in the Nation's 75 largest counties, 1996

Defendant winners of compensatory and punitive damage awards

In cases with claims and counterclaims, the distinction between plaintiff and defendant becomes less

clear. Therefore, it is possible that

one party originally named as a defendant countersues the plaintiff and

actually wins damages. In 1996 the

defendant won damages on a

countersuit in about 2% of tort,

contract, and real property rights

cases (excluding eminent domain

cases) disposed of by trial verdict in

the Nation’s largest 75 counties. 

Defendants in tort, contract, and real

property cases (excluding eminent

domain cases) won an estimated $91

million in compensatory and punitive

damages on counterclaims. The median award amount was $17,000.

Fifty-four percent of the defendant

winner cases were decided by bench

trial, 44% by jury trial, and 2% by directed verdict. Of trial cases won by

defendants, 17% involved a counterclaim associated with a buyer plaintiff

case, 16% with a seller plaintiff or

auto tort case, and 14% with a

rental/lease case.

Punitive damages were awarded to

21 defendant winners in trial cases,

totaling almost $3 million. Half of defendants receiving punitive damages

were awarded $20,000 or more.

Among the 21 defendant winners

receiving punitive damages, 18 were

awarded by jury trial, including 3 after

a judge’s directed verdict and 3 by

bench trial. The largest punitive

damage amount was $750,000 to

three defendants who countersued in

a buyer plaintiff case.
Jury versus bench awards

The data reveal that final award

amounts also varied by whether the

case was decided by a jury or a judge.

This was particularly true for contract

cases in which juries awarded a

median amount of $80,000 compared

to the $25,000 median amount

awarded by judges (table 7). 

Among contract cases, juries awarded

plaintiff winners in fraud cases a median of $79,000 while judges awarded

a median of $32,000. In seller plaintiff

cases, a median of $62,000 was awarded by juries compared to $26,000 by

judges.

8 Civil Trial Cases and Verdicts in Large Counties, 1996 

*Not a median but the actual amount awarded.

a

In one jury trial case, the plaintiff winner(s) was awarded over $40 billion.

This case was excluded from the above analysis. b

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.

Note: Data for case type and final awards in jury trial cases were

available for 98% of all jury plaintiff winners. Data for case type and

final awards in bench trial cases were available for 95.6% of all 

bench plaintiff winners. Final amount awarded includes both compensatory (reduced for contributory negligence) and punitive 

damage awards. Award data were rounded to the nearest thousand.

--No cases recorded.

Real property casesb 11 $3,314 $173 35.3% 15.2% 49 $33,978 $58 33.2% 11.6%

 Other contract 56 38,513 100 29.7 18.8 83 25,129 27 13.5 5.8

 Tortious interference 72 112,443 123 34.5 21.1 53 2,535 24 2.4 --

 Rental/lease 60 14,168 55 22.0 7.9 241 21,665 28 6.1 2.9

 Other employment dispute 72 45,193 183 39.3 13.4 78 4,832 18 8.6 --

 Employment discrimination 98 52,575 250 48.0 14.1 17 1,595 75 11.7 --

 Mortgage foreclosure 6 375 58 -- -- 44 3,624 51 -- --

 Buyer plaintiff 185 96,564 49 19.2 9.5 257 16,357 15 4.6 1.0

 Seller plaintiff 228 129,510 62 21.9 7.5 983 92,055 26 7.8 1.0

 Fraud 164 87,618 79 28.3 10.2 207 167,814 32 6.0 4.2

Contract cases 941 $576,958 $80 27.8% 11.2% 1,963 $335,605 $25 7.0% 1.6%

 Other negligence 254 654,397 108 33.9 13.4 66 3,820 36 2.9 --

 Slander/libel 28 9,317 25 23.4 11.9 9 1,094 15 22.1 --

 Professional malpractice 40 13,970 87 31.2 9.9 37 7,680 86 15.9 5.4

 Medical malpractice 249 328,551 254 50.0 22.1 20 6,527 454 55.4 --

 Intentional tort 197 69,474 31 23.0 8.2 81 11,714 32 9.4 7.0

 Other 56 54,774 379 56.9 22.1 24 2,362 56 4.2 --

 Breast implant 1 1,108 1,108* 100.0 100.0 -- -- -- -- --

 Asbestos 79 43,430 227 49.4 9.8 -- -- -- -- --

 Product liability

 Premises liability 677 178,085 57 22.2 5.3 177 145,374 57 18.0 4.5

 Automobile 2,526 474,921 18 8.4 3.0 299 80,985 20 12.2 7.1

Tort cases 4,107 $1,828,026 $30 17.2% 6.0% 713 $259,556 $34 13.8% 5.2%

 All trial cases 5,060 $2,408,298 $35 19.3% 7.0% 2,725 $629,139 $28 9.2% 2.7%

$1 million

 or more

Over

Total Median $250,000

$1 million

or more

Over

Case type Total Median $250,000

Percent of 

cases with 

final awards 

Final amount 

awarded 

(in thousands)

Bench

cases

with a

plaintiff

winner

Percent of 

cases with 

final awards 

Final amount 

awarded

(in thousands)

Jury

cases

with a

plaintiff

winnera

Jury cases with a plaintiff winner Bench cases with a plaintiff winner

Table 7. Final award amounts for civil jury and bench trial cases with plaintiff winners in State courts

in the Nation's 75 largest counties, 1996

During 1996 the largest amount

of damages awarded to a plaintiff

winner among the sampled cases in

the 45 counties involved a case with

Ferdinand and Imelda Marcos as

defendants. In this tort claim

Rogelia Roxas alleged that the

Marcoses had confiscated crates of

gold bullion allegedly found by

Roxas. 

A jury in Honolulu awarded $22

billion in compensatory damages

that after the jury verdict had

increased with interest to over $40

billion. The jury did not award

punitive damages. 

The case took nearly 81⁄2 years to

process from the time it was filed in

March 1988 to its jury verdict in July

1996. The actual jury trial lasted 15

days. 

On November 17, 1998, the Hawaii

Supreme Court reversed the $41

billion judgment against Ferdinand

and Imelda Marcos. The court found

insufficient evidence that Roxas had

actually discovered the gold bullion

while treasure hunting north of

Manila in 1971. 

Source: Roxas v Marcos, 89 Hawaii 91, 969

P. 2d. 1209 (1998).

Largest damage award reversed on appeal
Among tort cases juries awarded

significantly more than judges in other

product liability and other negligence

cases.

In several types of cases, juries more

often than judges awarded damages of

$1 million or more. Juries awarded $1

million or more for damages in 22% of

medical malpractice cases and 14% of

employment discrimination cases. By

contrast, in neither of these types of

cases did judges award total damages

of $1 million or more.

Punitive damage awards

Of the 7,892 trial cases in which the

plaintiff won, about 5% (360 cases)

received punitive damages as part of

the final award, totaling over $600

million and accounting for about 21% 

of the $3 billion awarded to plaintiffs

overall.

The median punitive damage amount

awarded to plaintiff winners was

$40,000. Twenty-one percent of

punitive damage awards were over

$250,000, and 7% were $1 million or

more (table 8). 

In 24% of intentional tort cases and 

19% of employment discrimination

cases, punitive damages were

awarded to plaintiff winners. 

 Civil Trial Cases and Verdicts in Large Counties, 1996 9

Note: Data on case type and amount of punitive damages awarded were

available for 360 of the 364 plaintiff winner trial cases awarded punitive damages.

Award data were rounded to the nearest $1,000. 

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 a contract or real 

property case involved punitive damages, it involved a related tort claim.

--No cases recorded.

a

The number of trial cases includes jury cases, bench cases, cases with a directed

verdict, those with a judgment not withstanding the verdict, and those with a jury trial

for defaulted defendants.

b

Excludes eminent domain cases.

Real property cases 9 7.9% $1,345 $1 18.3% -- b

 Other contract 9 5.9 1,693 15 22.5 11.2

 Tortious interference 16 11.7 10,156 54 8.0 8.0

 Rental/lease 5 1.5 157 38 -- --

 Other employment dispute 19 12.5 3,588 88 25.5 --

 Employment discrimination 25 19.4 11,619 205 49.4 8.0

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

 Buyer plaintiff 41 8.8 31,398 30 25.4 4.2

 Seller plaintiff 16 1.3 38,992 27 26.0 7.8

 Fraud 59 15.4 75,977 39 10.6 4.9

Contract cases 189 6.3% $173,581 $40 21.8% 5.3%

 Other negligence 8 2.4 423,993 148 38.6 38.6

 Slander/libel 6 17.0 89 15 -- --

 Professional malpractice 4 4.9 227 75 -- --

 Medical malpractice 3 1.1 7,675 2,500 100.0 100.0

 Intentional tort 67 24.0 7,035 16 7.7 1.5

 Other 11 12.8 4,407 462 81.3 --

 Breast implant -- -- -- -- -- --

 Asbestos 3 3.2 3,377 1,100 100.0 100.0

 Product liability

 Premises liability 40 4.5 13,501 75 14.1 14.1

 Automobile 20 0.7 2,347 25 24.7 --

Tort cases 162 3.3% $462,650 $38 20.7% 9.8%

 All trial cases 360 4.5% $637,576 $40 21.2% 7.2%

$1 million

or more

Over

Case type Total Median $250,000

Percent

receiving

punitive

damages

Number

awarded

punitive

damagesa

Percent of cases

with punitive

damages 

Amount of punitive

damages awarded

(in thousands)

Trial cases with plaintiff winners

Table 8. Punitive damage awards in civil trial cases for plaintiff winners

in the Nation's 75 largest counties, 1996
In 1996, juries in the Nation’s 75

largest counties awarded 212 punitive

damage awards that totaled over $545

million (not shown in a table). The

median amount awarded to plaintiff

winners in jury trial cases was $50,000

(table 9). 

Among jury cases, 8% of the punitive

damage awards were $1 million or

more. Plaintiffs won punitive damage

awards in 11% of contract cases

compared to 4% of tort cases 

(not shown in a table).

 

In 1996 judges awarded over $91

million in punitive damages in 136

cases disposed of in the Nation’s 75

largest counties (not shown in table).

The median amount awarded was 

$38,000 and 6% of the punitive damage awards were $1 million or more.

Among bench trials, plaintiff winners

were more likely to win punitive

damage awards in tort cases (8%) than

contract cases (4%) (not shown in a

table). The median award for tort

cases awarded punitive damages by

judges was $75,000 and for contract

cases was $30,000.

10 Civil Trial Cases and Verdicts in Large Counties, 1996 

The largest punitive damage

award

The largest punitive damage award

to plaintiff winners in the 45 sampled

counties was $138 million awarded

by a jury in Harris County, Texas. It

was a negligence case involving 22

plaintiffs and 6 defendants. The jury

also awarded $5.4 million in compensatory damages. The case took over

3.5 years to process from the filing of

the complaint to the final disposition.

The actual trial lasted 21 days.

Note: Data on case type and punitive damages awarded were available

for 212 of 214 plaintiff winner jury cases, and 136 of 137 plaintiff winner

bench cases awarded punitive damages.

Award data were rounded to the nearest $1,000. 

Detail may not sum to total because of rounding.

 --No cases recorded.

*Not the median but the actual amount awarded.

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 a contract or real property case involved punitive damages, 

it involved a related tort claim. a

Excludes eminent domain cases.

Real property cases 4 6 $349 $1 -- -- a

 Other contract 5 4 27 55 20.4 --

 Tortious interference 8 3 38 39 15.3 --

 Rental/lease 4 1 31 50* -- --

 Other employment dispute 11 9 127 6 -- --

 Employment discrimination 24 1 259 38* 8.5 --

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

 Buyer plaintiff 21 19 254 30 7.9 --

 Seller plaintiff 7 9 300 27 17.6 --

 Fraud 25 27 20 39 -- 10.9

Contract cases 104 73 $76 $30 6.9% 4.0%

 Other negligence 5 3 138,000 37 60.6 --

 Slander/libel 6 -- 15 -- -- --

 Professional malpractice 4 -- 75 -- -- --

 Medical malpractice 3 -- 2,500 -- 100.0 --

 Intentional tort 46 21 4 25 2.2 --

 Other 9 2 471 5 -- --

 Breast implant -- -- -- -- -- --

 Asbestos 3 -- 1,100 -- 100.0 --

 Product liability

 Premises liability 9 30 1 100 -- 18.5

 Automobile 18 1 25 50* -- --

Tort cases 104 58 $27 $75 9.8% 9.8%

 All trial cases 212 136 $50 $38 8.2% 6.2%

Case type Jury Bench Jury Bench

Percent of cases

with punitive

damages of $1

million or more 

Median damages

awarded

(in thousands)

Bench

cases

awarded

punitive

damages

Jury cases

awarded

punitive

damages

 

Punitive damage awarded to plaintiff winners in jury and bench trials

Table 9. Punitive damages awarded to plaintiff winners in jury and bench

trials in the Nation's 75 largest counties, 1996
Compensatory versus punitive

damage awards

In about a third of civil trial cases in

which punitive damages were awarded

to the plaintiff winner, the amount of

punitive damages exceeded the

amount awarded for compensatory

damages (table 10).

In 15% of trial cases in which plaintiff

winners were awarded punitive

damages, the amount was twice the

amount of the compensatory damage. 

In a third of jury and bench trial cases

awarded punitive damages, the

punitive award was greater than the

compensatory damage award.

Punitive awards were twice as much 

as compensatory awards in jury trials

(20%) more often than bench trials

(7%) (not shown in a table). 

In tort cases with punitive damage

awards, the punitive award exceeded

the compensatory award in 56% of

bench cases compared to 29% of jury

cases. 

 Civil Trial Cases and Verdicts in Large Counties, 1996 11

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

If a contract or real property case involved punitive damages, it involved a

related tort claim. 

a

The number of trial cases includes jury cases, bench cases, cases with a

directed verdict, those with a judgment not withstanding the verdict, and

those with a jury trial for defaulted defendants. b

Compensatory and total award damages do not include reductions. c

Excludes eminent domain cases.

Note: Data on case type and amounts of total, compensatory and

punitive damages awarded were available for 360 of the 364 trial

cases awarded punitive damages.

Award data were rounded to the nearest $1,000. 

Detail may not sum to total because of rounding.

--No cases recorded.

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

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

Real property casesc 9 $2,516 $1,345 $1,170 29.0% 10.7%

 Other contract 9 2,249 1,693 556 67.5 22.5

 Tortious interference 16 12,794 10,156 2,638 41.6 41.6

 Rental/lease 5 448 157 291 -- --

 Other employment dispute 19 15,849 3,589 12,260 29.3 --

 Employment discrimination 25 26,870 11,619 15,251 30.5 26.5

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

 Buyer plaintiff 41 45,955 31,398 14,557 28.3 16.3

 Seller plaintiff 16 55,454 38,992 16,462 18.5 18.5

 Fraud 59 158,510 75,977 82,532 17.7 3.4

Contract cases 189 $318,128 $173,581 $144,548 26.8% 14.1%

 Other negligence 8 440,656 423,993 16,663 87.4 87.4

 Slander/libel 6 2,086 89 1,997 -- --

 Professional malpractice 4 271 227 45 74.3 74.3

 Medical malpractice 3 21,951 7,675 14,276 -- --

 Intentional tort 67 16,588 7,035 9,553 26.0 10.5

 Other 11 6,643 4,407 2,236 54.2 54.2

 Breast implant -- -- -- -- -- --

 Asbestos 3 8,711 3,377 5,334 -- --

 Product liability

 Premises liability 40 123,565 13,501 110,064 64.0 2.5

 Automobile 20 27,233 2,347 24,887 19.2 12.8

Tort cases 162 $647,705 $462,650 $185,055 38.5% 16.2%

 All trial cases 360 $968,349 $637,576 $330,773 32.1% 14.9% 

Compensatoryb Total Punitive b

Total damage award amount (in thousands)

At least 2 times

greater than

compensatory

damage awards

Greater than

compensatory

damage

Case type awards

Percent of punitive damage

cases with punitive awards & Number of

cases with a

plaintiff winner

awarded

punitive

damagesa

Table 10. 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, 1996
12 Civil Trial Cases and Verdicts in Large Counties, 1996 

The role of contributory negligence

In 10% of the tort, contract, and real

property rights cases in which a jury or

judge awarded compensatory damages to

the plaintiff, the damages were reduced

because the plaintiff had contributed to

the negligence that led to the loss or

injury. In 1996, the reduction from

contributory negligence totaled approximately $94 million.

States differ in the role played by a plaintiff’s own negligence in determining

whether, or the extent to which, the

defendant is liable for a plaintiff’s

damages. 

Based on these differences, States are

classified below into one of four

categories.*

Modified comparative negligence

Nine States have a modified comparative

negligence rule (the “50% bar to recovery” rule) which stipulates that the plaintiff

can recover damages only if he or she is

less negligent than the defendant.

Arkansas Kansas Utah

Colorado Maine West Virginia

Idaho North Dakota Wyoming

Eighteen States use a modified comparative negligence rule (the “51% bar to recovery” rule) under which the plaintiff can

recover damages only if he or she is not

more negligent than the defendant.

Connecticut New Hampshire

Hawaii New Jersey

Illinois Ohio 

Indiana Oklahoma

Iowa Oregon

Massachusetts Pennsylvania 

Montana Texas

Minnesota Vermont

Nevada Wisconsin

Pure comparative negligence

Thirteen States use a pure comparative

negligence rule under which a plaintiff

can recover damages to the extent that

the defendant is responsible for the plaintiff’s injuries.

Alaska Louisiana New Mexico

Arizona Michigan New York

California Mississippi Rhode Island

Florida Missouri Washington

Kentucky

Pure contributory negligence

Six States use a pure contributory negligence rule that bars recovering damages

from the defendant if the plaintiff’s own

negligent conduct contributed in any way

to his or her own injuries.

Alabama Maryland South Carolina

Delaware North Carolina Virginia

Mixed rules

Four States have a blend of rules and do

not fit into any single category.

Georgia South Dakota

Nebraska Tennessee

Source: American Jurisprudence, 2nd edition (1989, supp. 1995), 57B: 1131-49.

*Whether a State was classified as modified 

comparative negligence, pure comparative

negligence, pure contributory negligence, or

mixed rule depended on general characteristics

of its civil laws. If the focus were on specific

types of civil cases, the classification might

differ from what is shown here. States do not

always use the same decision rules for each

type of civil case.

• Federal district courts disposed of by

jury or bench trial 2,449 tort, contract,

and real property rights cases during

1996, compared to an estimated

15,638 that were disposed of by trial

in State courts of general jurisdiction

in the Nation’s 75 largest counties. 

• Similar to State courts, only a small

portion (3%) of the number of Federal

tort, contract, and real property cases

terminated reached trial.

• The majority (62%) of Federal tort,

contract, and real property rights trials

were disposed of by jury verdict.

• Federal tort cases were more likely

(73%) to be decided by jury trial, while

contract (53%) and real property

cases (68%) were more likely to be

decided by bench trial.

• In about half of Federal tort,

contract, and real property trial cases,

the plaintiff won the decision. Plaintiffs won in 47% of jury trials and 52%

of bench trials.

• The median final amount awarded to

plaintiff winners was larger in Federal

district courts than State courts. The

median award for plaintiff winners

was $130,000 for all Federal tort,

contract, and real property rights

cases disposed of by trial. The

median award was $150,000 for jury

trials and $103,000 for bench trials.

Source: Administrative Office of the U.S. Courts, Civil Master File, fiscal year 1996.

Real property 53 23 42,068 85 13 11 225 40 12 78

Contract 417 327 459,528 147 208 167 150 209 160 123

Tort 620 535 $555,791 $130 437 383 $150 183 152 $99

Total 1,090 885 $1,057,387 $130 658 561 $150 432 324 $103

Case type winners awards (in thousands) winners awards (in thousands) winners awards (in thousands)

plaintiff monetary award award plaintiff monetary Median award plaintiff monetary Median award

Number plaintiff Total Median Number plaintiff Number plaintiff

Number of Number of Number of

All trials cases Jury trial cases Bench trial cases

Federal tort, contract, and real property trial cases terminated in U.S. district courts, 1996
Number of days in trial

Trials conducted in the Nation’s 75

largest counties lasted 3.9 days on 

average; the median number of days

was 3.0 (not shown in table). Jury

trials lasted an average of 4.7 days

compared to 1.9 days for bench trials.

The median number of days in a jury

trial was 3.0, and in bench trials it was

1.0 day. The longest jury trial recorded

in the sample lasted 73 days, and the

longest bench trial, 27 days. 

Half of all tort and contract bench trials

lasted 1 day or less compared to 3

days or less for jury tort trials and 4

days or less for jury contract trials.

Among specific types of cases, auto

tort cases disposed of by bench trials

lasted on average 1.4 days compared

to 3.4 days among those disposed by

jury trial.

Case processing time

Among all trial cases, the average case

processing time from filing of the

complaint to final verdict or judgment 

was 25.6 months, with half of the

13,358 cases taking 20.9 months or

more (table 11). Tort cases, as a

whole, reached final verdict or

judgment in an average of 26.7 months

compared to 23 months for contract

cases. Asbestos cases had the

longest case processing time, averaging about 50.2 months from filing to

final verdict or judgment, followed by

medical malpractice cases with an

average of 34.1 months.

Fifty-nine percent of all trial cases were

disposed of within 2 years. Over half

of asbestos cases and a fifth of

medical malpractice cases were

disposed of in 4 or more years. Nine

percent of real property cases and 7%

of contract cases went from filing to

termination in 4 years or more. 

 Civil Trial Cases and Verdicts in Large Counties, 1996 13

Note: Data for filing time to final verdict or judgment, including answer filed and trial start date,

were available for 84.7% of all trial cases.

Detail may not sum to total because of rounding.

--No cases recorded.

a

All trial cases include cases disposed by jury trial, bench trial, directed verdicts, judgment

not withstanding the verdict, and jury trials for defaulted defendants. b

Includes title disputes, bounding disputes, and other real property cases.

 Other real property 238 18.8 24.9 65.8 24.3 9.8 b

 Eminent domain 101 21.4 23.6 58.6 33.2 8.2

Real property cases 339 19.0 24.5 63.7% 27.0% 9.4%

 Other contract 252 21.1 25.1 59.0 30.3 10.6

 Tortious interference 211 20.7 25.3 60.7 31.8 7.5

 Rental/lease 417 16.7 20.1 73.9 20.9 5.2

 Other employment dispute 268 21.5 24.4 57.5 34.4 8.1

 Employment discrimination 288 22.0 26.4 55.9 34.4 9.7

 Mortgage foreclosure 50 17.2 22.4 68.3 23.1 8.5

 Buyer plaintiff 665 19.8 23.3 63.6 29.2 7.3

 Seller plaintiff 1,268 17.3 21.1 69.2 26.8 4.0

 Fraud 590 20.7 25.2 58.8 32.5 8.7

Contract cases 4,008 19.1 23.0 64.4% 28.9% 6.7%

 Other negligence 555 23.9 29.2 50.7 34.6 14.7

 Slander/libel 91 22.3 27.1 65.7 24.5 9.8

 Professional malpractice 153 22.8 28.6 57.7 27.3 15.0

 Medical malpractice 1,031 28.5 34.1 38.4 40.4 21.2

 Intentional tort 402 21.0 25.1 57.6 34.7 7.7

 Other 190 28.0 33.2 33.7 41.5 24.8

 Breast implant 4 38.7 28.8 28.9 71.1 --

 Asbestos 154 50.1 50.2 22.5 21.2 56.3

 Product liability

 Premises liability 1,979 23.9 28.7 50.2 36.0 13.7

 Automobile 4,451 19.0 22.8 66.9 26.2 6.9

Tort cases 9,010 21.7 26.7 56.9% 31.1% 11.9%

 All trial cases 13,358 20.9 25.6 59.3% 30.4% 10.3%

Case type Median Mean 2 years less than 4 years or more

of trial Number of months Less than Over 2 years but 4 years

casesa

Number Percent of trial cases disposed of in 

Filing of complaint to final verdict or judgment

Table 11. Case processing time from filing of complaint to final verdict 

or judgment in State courts in the Nation's 75 largest counties, 1996
Overall, bench trial cases were disposed of more quickly than jury trial

cases. About two-thirds (70%) of

bench trial cases were disposed of in

less than 2 years compared to 56%

of jury trial cases. Within 3 years from

filing, 94% of bench cases and 88%

of jury cases were disposed (figure 2).

The difference between bench and jury

trials in case processing time was

evident in several types of civil cases

disposed of in the Nation’s 75 largest

counties during 1996. Half of tort

bench cases went from filing of the

complaint to final verdict or judgment 

in at least 19.1 months compared to

22.0 months for tort cases decided 

by a jury.

14 Civil Trial Cases and Verdicts in Large Counties, 1996 

Figure 2

a

Not included are trial cases disposed by directed verdicts, judgment

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

Includes title disputes, bounding disputes, and other real property

cases.

Note: Data for filing time to final disposition, including answer filed and trial

start date, and case type were available, for 87.0% of jury cases and 79.4%

of bench cases.

Detail may not sum to total because of rounding.

--No cases recorded.

 Other real property 30 23.3 27.1 53.7 9.5 205 18.6 24.9 67.1 10.0 b

 Eminent domain 59 25.8 29.6 43.0 10.8 39 8.3 14.9 79.3 4.9

Real property cases 90 25.6 28.8 46.6% 10.3% 244 18.3 23.3 69.1% 9.2%

 Other contract 81 24.0 28.7 45.0 10.5 164 16.7 22.7 68.0 9.8

 Tortious interference 107 23.2 27.2 54.3 8.2 94 15.9 22.9 72.9 7.5

 Rental/lease 111 18.9 22.4 68.9 6.8 298 15.1 19.4 75.2 4.7

 Other employment dispute 129 22.0 26.6 54.0 10.5 127 20.4 21.5 63.8 4.0

 Employment discrimination 192 23.6 27.9 51.6 11.8 81 17.3 22.3 68.9 4.8

 Mortgage foreclosure 7 27.4 23.8 38.5 -- 39 16.5 21.7 73.5 11.0

 Buyer plaintiff 341 22.0 25.0 54.8 8.5 297 17.8 21.2 73.1 5.4

 Seller plaintiff 310 21.8 25.5 55.3 7.9 937 16.3 19.7 73.5 2.7

 Fraud 253 23.7 27.9 50.9 11.4 313 17.7 22.0 69.5 5.7

Contract cases 1,531 22.6 26.2 54.2% 9.4% 2,350 16.8 20.7 72.0% 4.6%

 Other negligence 435 23.8 29.4 51.5 15.4 107 23.7 28.5 51.1 13.6

 Slander/libel 66 23.4 29.2 56.2 10.1 20 18.9 19.7 94.9 5.1

 Professional malpractice 88 25.6 32.9 45.0 23.9 58 20.6 23.2 75.1 3.4

 Medical malpractice 953 29.0 34.7 36.9 21.6 47 18.8 23.8 71.8 8.3

 Intentional tort 293 22.8 25.9 52.4 7.2 99 16.7 22.4 72.1 8.7

 Other 158 29.7 35.5 30.4 29.8 28 21.8 23.9 49.1 --

 Breast implant 4 38.7 28.8 28.9 -- -- -- -- -- --

 Asbestos 152 50.1 50.8 21.5 57.0 -- -- -- -- --

 Product liability

 Premises liability 1,582 24.4 29.2 49.1 14.0 324 21.4 26.4 54.2 11.4

 Automobile 3,962 19.2 23.0 66.7 6.8 428 17.2 21.0 71.4 7.7

Tort cases 7,694 22.0 27.1 56.0% 12.3% 1,112 19.1 23.6 64.6% 9.0%

 All trial casesa 9,315 22.1 27.0 55.6% 11.8% 3,705 17.8 21.7 69.6% 6.2%

Median Mean 2 years or more Median Mean 2 years or more

bench trial Number of months Less than 4 years

cases

jury trial Number of months Less than 4 years

cases

Percent of bench trial

Number of cases disposed of in 

Percent of jury trial

Number of cases disposed of in 

Filing of complaint to jury final disposition Filing of complaint to bench final disposition

Table 12. Case processing time from filing of complaint to final verdict or judgment in State courts

in the Nation's 75 largest counties, 1996

0 1 2 3 4 5 > 5

Years from filing to termination

0%

25%

50%

75%

100%

Jury trials

Bench trials

During 1996, 70% of bench cases and 56% of jury cases 

were disposed of within 2 years of being filed

Note: Cases disposed of by directed verdict, judgment notwithstanding, and jury verdicts 

for defaulted defendants are not shown. During 1996, 51% of these cases were disposed 

of within 2 years of filing.
In less than 2 years, 95% of

slander/libel tort cases decided by a

bench trial were disposed, compared to

56% of those decided by a jury. About

three-quarters of professional (75%)

and medical (72%) malpractice bench

cases went from filing to disposition

within 2 years compared to less than

half of professional (45%) and medical

(37%) malpractice cases disposed of

by a jury (table 12).

The median case processing time for

contract cases disposed of by a bench

trial was 16.8 months compared to

22.6 months for cases disposed of by

jury trial.

Similarly, half of real property bench

cases were processed in at least 18.3 

months compared to 25.6 months

among jury cases.

Among eminent domain cases, the

median case processing time for bench

trials was 8.3 months compared to 25.8

months for jury cases — a median

difference of nearly 1.5 years. Eminent

domain cases are those in which a

governmental entity has the power to

convert privately owned property,

particularly land, to public use, subject

to reasonable compensation.5

County-specific data

The number of jury and bench trials,

percentage of plaintiff winners, final

awards, and punitive damage award

amounts varied across the individual

State courts sampled in this project

(appendix tables B, C, D and E). Many

factors account for these differences

across State courts such as State civil

justice laws and the types of cases

disposed of by trial.

 Civil Trial Cases and Verdicts in Large Counties, 1996 15

5

Garner, Bryan A. Black’s Law Dictionary: New

Pocket Edition. West Publishing Co., 1996.
16 Civil Trial Cases and Verdicts in Large Counties, 1996 

• In 1992 jury trials in the Nation’s

75 largest counties disposed over

12,000 tort, contract, and real

property cases compared to just

over 10,000 in 1996. This decrease in the number of jury

cases from 1992 to 1996,

however, was not statistically

significant.

• In 1992 plaintiffs won 52% of all jury

trial cases. In 1996 plaintiffs were

successful in 49% of all jury trials.

Among contract cases plaintiffs were

more likely to win in jury trial cases in

1992 (63%) than in 1996 (56%).

Plaintiffs won in about half of tort

cases in 1992 (50%) and 1996 (48%).

• Among specific types of cases,

plaintiffs were more successful in

medical malpractice, professional

malpractice, buyer plaintiff, and

rental/lease cases in 1992 compared

to 1996.

• When adjusted for inflation, the

median total award in 1996 was

$35,000 compared to $58,000 

in 1992. There was no significant

difference, however, between the

total amount of compensatory and

punitive damages awarded by juries

in 1992 ($3 billion when adjusted for

inflation) and 1996 ($2.4 billion).

• In 1992, 364 jury trial cases or 6% 

of all plaintiff winner case were

awarded punitive damages that

totaled over $300 million when

adjusted for inflation. This did not

differ statistically from the more than

$545 million in punitive damages

awarded to 212 or 4% of plaintiff

winner cases in 1996. 

• In both 1992 and 1996, plaintiff

winners in contract cases were more

likely to receive punitive damages

than plaintiff winners in tort cases.

Comparison of 1992 and 1996 jury trial cases

Punitive damage awards may be incomplete for 4 counties: Palm Beach

Co., FL, Wayne Co., MI, Allegheny Co., PA, and Philadelphia Co., PA. a

Excludes cases with a directed verdict, cases in which both the plaintiff

and defendant won damages, and cases in which the plaintiff won the

liability trial. b

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.

Note: Data on case type and final award amounts to plaintiff winners 

were available for 96% of jury trial cases. 1992 final and punitive damage

awards are adjusted for inflation and presented in 1996 dollars. Award

amounts were rounded to the nearest $1,000. Detail may not sum to total

because of rounding. In this study, cases classified by the primary case

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

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

damages. If a contract or real property case involved punitive damages,

it involved a related tort claim.

Real property cases 43 $15,553 $55 5 11.7% $7,698 $95 b

 Other contract 113 35,410 55 2 1.8 4,409 162

 Rental/lease 85 178,902 79 11 11.3 4,447 56

 Employment 170 279,111 158 46 26.8 148,690 201

 Buyer plaintiff 361 194,127 49 47 12.5 30,739 30

 Seller plaintiff 412 96,540 39 24 5.6 1,367 24

 Fraud 173 131,274 79 38 21.2 8,220 50

Contract cases 1,314 $915,364 $62 169 12.3% $189,872 $58

 Other negligence 393 172,515 72 30 7.2 7,555 112

 Toxic substance 202 119,063 113 13 6.2 29,591 1,895

 Slander/libel 27 7,038 28 8 29.8 1,502 52

 Professional malpractice 92 108,985 174 15 15.7 6,806 280

 Medical malpractice 403 669,926 225 13 3.1 3,494 223

 Intentional tort 195 116,845 58 38 18.8 12,237 28

 Product liability 139 114,790 280 3 2.3 45 10

 Premises liability 841 219,605 65 15 1.7 1,425 45

 Automobile 2,280 562,914 33 55 2.4 39,799 28

Tort cases 4,574 $2,091,682 $57 190 4.0% $102,454 $41

All trial cases 5,930 $3,022,598 $58 364 5.9% $300,000 $56

Case type Total Median Total Median

Amount of punitive damages

awarded to plaintiff winners

(in thousands)

Percent of 

jury cases 

receiving punitive

damages

Number of 

jury cases 

awarded punitive

damagesa

Final amount 

awarded 

(in thousands)

Number of 

jury cases 

with plaintiff

winnera

Plaintiff winners, 1992

Final award amounts and punitive damage amounts for jury trial cases with plaintiff winners in State courts

in the Nation's 75 largest counties, 1992 
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 (non-jury 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 empaneled even if the defendants in a case fail to appear and enter

a defense. The purpose of a trial is 

to decide issues such as amount of

damages. See Florida Rules of Civil

Procedure, Rule 1.500, section (e).

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; 

premise liability (injury caused by the

dangerous condition of residential or

commercial property); medical

malpractice (by doctor, dentist, or

medical professional); other professional malpractice (e.g. by engineers,

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); and other

negligent acts (negligence against

another party for an act not represented by the other case categories

used in this study such as the negligent

supervision of a dog resulting in an

attack).

Contracts: Cases which 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 to them by a buyer, including 

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 real property, commercial, or

residential; because the title to real

property is transferred to the lender if

the claim is successful it could be

included under real property cases);

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 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 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 tort

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); and other

contract claims (any contractual

dispute other than the case categories

used in this study such as partnership

claims, stockholder claims, and subrogation issues). 

Real property: Any claim regarding

ownership 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); 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 1996 civil

trial study was the same one used for

the 1992 civil jury study. The sample is

a 2-stage stratified sample with 45 of

the 75 most populous counties

selected at the first stage. The 75

counties were divided into 4 strata

based on civil disposition data for 1990

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 for the

sample. Stratum 2 consisted of 15

counties with 12 chosen for the

sample. From strata 3, 10 of the 20

counties were selected. Nine of the 26

counties in stratum 4 were included in

the sample. 

The second stage of the sample

design involved generating lists of

cases that would be coded. Prior to

drawing the 1996 case sample, each

participating jurisdiction was asked to

identify a list of cases that had been

disposed by jury trial or bench trial

between January 1, 1996, and December 31, 1996. 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

 Civil Trial Cases and Verdicts in Large Counties, 1996 17
a judge culminating in a judgment for

the plaintiff(s) or defendant(s).” Cases

that did not meet these definitional

criteria were not to be included in the

jury and bench lists.

The study plan was to obtain approximately 300 jury and 300 bench cases

from the court of general jurisdiction in

each of the counties selected for the

study. In courts that reported approximately 300 or less jury or bench trials,

all trials were to be coded. In courts that

reported more than 300 jury or 300

bench trials, a list of cases was to be

provided to project staff and a random

sample of 275 drawn from the jury and

bench trial case list. For jury and bench

case lists in which the case type was

known, any remaining medical malpractice, professional malpractice and product liability cases not initially selected

were to be included in the sample in

order to over sample these case types.

At the second stage of sampling for jury

cases, all tort, contract, and real

property rights cases disposed by jury

verdict between January 1, 1996, and

December 31, 1996, were selected in

39 jurisdictions. In the 3 jurisdictions,

where the total number of jury cases

disposed exceeded 300 and where

case type could be identified, a random

sample of about 275 cases was drawn

from a list of tort, contract and real 

property jury trials provided by the court.

Any remaining medical malpractice,

professional malpractice and product

liability cases not initially chosen in the

initial sample were also included. In the

3 jurisdictions where the total number of

jury cases disposed exceeded 300 and

case type could not be identified, a

random sample of about 275 cases was

selected from the list of jury trials.

At the second stage of sampling for

bench cases, all tort, contract, and real

property rights cases disposed by bench

verdict between January 1, 1996, and

December 31, 1996, were selected in

41 jurisdictions. In the 1 jurisdiction

where the total number of bench cases

disposed exceeded 300 and the case

type could be identified, a random sample of about 275 cases was drawn from

a list of tort, contract, and real property

bench trials. Any remaining medical

malpractice, professional malpractice

and product liability cases not initially

chosen in the random sample also were

included. In the 3 jurisdictions where

the total number of bench cases disposed exceeded 300 and case type

could not be identified, a random sample of about 275 tort, contract and real

property rights cases were selected

from the list of bench trials.

During the coding process in all sites,

it was discovered that some courts included in their list some jury and bench

trials that did not meet the study definitional criteria of a trial. These cases

were excluded from the data base. By

excluding cases that did not meet the

study criteria, some jurisdictions in

which sampling was utilized have final

sample sizes of less than 275 cases.

Data on 6,713 civil jury trial cases and

2,312 civil trial bench cases that meet

the study criteria were collected in the

45 courts. The final sample consisted of

9,025 tort, contract, and real property 

rights case disposed of by jury or bench

verdict.

Populations of jury and bench trials

In jurisdictions where second stage

case sampling was not used, the populations of jury and bench trials reported are based on applying the study

criteria in each site and excluding cases that did not meet the study definitions.

In the jurisdictions where second stage

sampling was used, the true population

of trial verdicts according to the study

definitions could not be known. It was

impossible to know the number of cases that failed to meet the definitional

criteria of a trial among the cases that

did not make it into the sample. The

true population within each of these

jurisdictions, therefore, was estimated

by applying the same rejection rate

generated from the selected sample

after it was coded. For example,

Orange County reported 340 jury trials

in 1996. A random sample of 275 

cases was chosen and when coded

according to study criteria produced 221

jury trial verdicts. This translates into a

reject rate of 20% of the cases since

20% did not meet the definitional criteria

of a jury trial. Applying this rejection rate

to the original list of 374 jury trial cases

provided by the jurisdiction resulted in

an estimated population of 301 jury

trials.

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.

Data recoding and unobtainable

information

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.

Information for which data were not

available or collected included the cost

of litigation for the parties involved, as

well as for others; the actual disbursement of awards; and the number of

cases appealed.

18 Civil Trial Cases and Verdicts in Large Counties, 1996 
 Civil Trial Cases and Verdicts in Large Counties, 1996 19

6 Unanimous t Circuit 12 3/4 rule District

Missouri Federal Court

 Chancery 12 3/4 rule

6 5/6 rule s Circuit 12 3/4 rule District

Mississippi Wyoming

Unanimous

6 5/6 rule r District 6 5/6 rule or Circuit

Minnesota Wisconsin

 Circuit 6 5/6 rule Circuit 6 Unanimous

Michigan West Virginia

6 5/6 rule q Superior 12 5/6 rule Superior

Massachusetts Washington

5/7 Unanimous p Circuit 12 Unanimous Circuit

Maryland Virginia

 District 12 Unanimous

 Superior 8 3/4 rule Superior 12 Unanimous

Maine Vermont

majority

12 5/6 rule, 9/12 rule District 8 3/4 rule or j District

Louisiana Utah

 Circuit 12 3/4 rule District 12 5/6 rule

Kentucky Texas

Unanimous Chancery 12 Unanimous i

6/12 5/6 rule or Circuit 12 Unanimous h District

Kansas Tennessee

Unanimousg

 District 8 7/8 rule or Circuit 12 5/6 rule

Iowa South Dakota

 Circuit 6 Unanimous

 Superior 6 Unanimous Circuit 12 Unanimous

Indiana South Carolina

6 Unanimous Superior 12 5/6 rule f Circuit

Illinois Rhode Island

 District 12 3/4 rule Common Pleas 12 5/6 rule

Idaho Pennsylvania

5/6 rule Circuit 12 3/4 rule e 12d Circuit

Hawaii Oregon

6/12 3/4 rule o Superior 12 Unanimous District

Georgia Oklahoma

6 Unanimous Common Pleas 12/8 3/4 rule c Circuit

Florida Ohio

6 Unanimous District 12/6 Unanimous b Superior

District of Columbia North Dakota

 Superior 12 Unanimous Superior 12 Unanimous

North Carolinan Delaware

 County 6 5/6 rule

 Superior 6 Unanimous Supreme 6 5/6 rule

Connecticut New York

 District 6 Unanimous District 12 5/6 rule

Colorado New Mexico

12 3/4 rule Superior 6/12 5/6 rule a Superior

California New Jersey

 Common Pleas 12 3/4 rule

 Circuit 12 3/4 rule Superior 12 Unanimous

Arkansas New Hampshire

12 3/4 rule m Superior 8 3/4 rule District

Arizona Nevada

Unanimousl

 Superior 12 5/6 rule District 12 5/6 rule or

Alaska Nebraska

12 2/3 rule k Circuit 12 Unanimous District

Alabama Montana

State/court size decision rule State/court size decision rule

Notes:

a

Or fewer by agreement of the

parties.

b

6-member jury unless a jury of

12 is demanded.

c

Eminent domain cases require

a 12-member jury and an unanimous verdict.

d

May stipulate that the jury

consist of any number less than

12 or that a verdict or finding of

a stated majority of jurors is

taken as the verdict or finding of

the jury. e

Can stipulate to 6-member jury

with 5/6 rule.

f

6-member jury unless a jury of

12 is requested. g

7/8 rule applies after 6 hours

of deliberation.

h

12 member jury if damages are

greater than $5,000; otherwise 6.

i

5/6 rule applies with 12 jurors;

otherwise, must be unanimous.

j

Parties may stipulate to a

6-member jury. k

4-member jury if both parties

agree. l

5/6 rule after 6 hours of

deliberation.

mParties may stipulate to 4-8

jurors rather than 12.

n

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 12 or that a verdict or

finding of a stated majority of the

jurors shall be taken as the

verdict or finding of the jury. o

12-member jury if damages are

greater than $2,500; otherwise 6.

p

A 12-member jury may be

allowed by the judge. q

May demand a 12-member jury. r

A party may request, or the court

on its own motion may require, a

greater number, not to exceed

12.

s

6-member jury unless a jury of

12 is demanded.

t

6-member jury unless a jury of

12 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 11.

Source: David B. Rottman, et al.

State Court Organization, 1993.

National Center for State Courts.

NCJ 148346, January 1995.

Jury Civil juries Jury Civil juries

Appendix A. Civil trial juries: size and verdict rules in State courts of general jurisdiction
20 Civil Trial Cases and Verdicts in Large Counties, 1996 

Sources: State Court Organization, 1998, forthcoming.

1996 population estimates for each county came from the U.S. Bureau of the Census

website, http://www.census.gov/population/www/estimates/countypop/html.

1996 population estimates for City of Los Angeles and the towns in the Fairfield and

Hartford-New Britain judicial districts came from the U.S. Bureau of the Census website,

http://www.census.gov/population/www/estimates/mcdplace.html. a

See Appendix A for State jury size and State decision rule for jury trials. b

The 1996 population estimate is only for the City of Los Angeles. 1996 civil trial data were

only collected for the central district of Los Angeles County Superior Court. Los Angeles

suburban courts were not included.

c

The 1996 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. 1996 civil trial data were collected only for Fairfield judicial district. The 1996

population estimate for Fairfield County, CT, was 833,761. d

The 1996 population estimate for the Hartford-New Britain judicial district. The 1996

population estimate for Hartford County was 831,694.

Milwaukee, WI Milwaukee Circuit 922,243 2,000 3

King, WA Seattle Superior 1,619,411 25,000 3

Fairfax, VA Fairfax Circuit 902,492 7,000 3

Harris, TX Houston District 3,126,966 5,000 6

Dallas, TX Dallas District 2,000,192 5,000 6

Bexar, TX San Antonio District 1,318,322 5,000 6

Philadelphia, PA Philadelphia Common Pleas 1,478,002 5,000 4

Allegheny, PA Pittsburgh Common Pleas 1,296,037 4,000 4

Franklin, OH Columbus Common Pleas 1,013,724 10,000 3

Cuyahoga, OH Cleveland Common Pleas 1,401,552 10,000 3

New York, NY New York Supreme 1,533,774 25,000 3

Middlesex, NJ New Brunswick Superior 702,458 7,500 6

Essex, NJ Newark Superior 755,089 7,500 6

Bergen, NJ Hackensack Superior 846,498 7,500 6

St. Louis, MO St. Louis Circuit 1,003,807 5,000 3

Hennepin, MN Minneapolis District 1,058,746 5,000 2

Wayne, MI Detroit Circuit 2,039,819 10,000 3

Oakland, MI Pontiac Circuit 1,162,098 10,000 3

Worcester, MA Worcester Superior 719,545 25,000 4

Suffolk, MA Boston Superior 645,068 25,000 4

Norfolk, MA Dedham Superior 637,388 25,000 4

Middlesex, MA Cambridge Superior 1,412,561 25,000 4

Essex, MA Salem Superior 686,774 25,000 4

Jefferson, KY Louisville Circuit 673,040 4,000 3

Marion, IN Indianapolis Superior 817,525 20,000 3

Dupage, IL Wheaton Circuit 859,310 15,000 5

Cook, IL Chicago Circuit 5,096,540 15,000 5

Honolulu, HI Honolulu Circuit 871,766 5,000 3

Fulton, GA Atlanta Superior 718,336 5,000 6

Palm Beach, FL West Palm Beach Circuit 992,840 15,001 3

Orange, FL Orlando Circuit 758,980 15,001 3

Dade, FL Miami Circuit 2,076,175 15,001 3

841,777 2,000 3 d Hartford, CT Hartford Superior

298,469 2,000 3 c Fairfield, CT Bridgeport Superior

Ventura, CA Ventura Superior 714,733 25,000 6

Santa Clara, CA San Jose Superior 1,599,604 25,000 6

San Francisco, CA San Francisco Superior 735,315 25,000 6

San Bernardino, CA San Bernardino Superior 1,598,358 25,000 6

Orange, CA Santa Ana Superior 2,636,888 25,000 6

3,553,638 25,000 6 b Los Angeles, CA Los Angeles Superior

Fresno, CA Fresno Superior 751,272 25,000 6

Contra Costa, CA Martinez Superior 881,490 25,000 6

Alameda, CA Oakland Superior 1,328,139 25,000 6

Pima, AZ Tucson Superior 767,873 5,000 4

Maricopa, AZ Phoenix Superior 2,611,327 $5,000 4

Number of

peremptory

challenges

in jury trialsa

Minimum

jurisdiction

amount in

civil cases

1996 Population

County Primary city Court name estimate

Appendix B. Selected characteristics of sampled counties
 Civil Trial Cases and Verdicts in Large Counties, 1996 21

--No cases recorded.

a

Includes cases with a directed verdict, judgments notwithstanding the

verdict, and jury trials for defaulted defendants. b

Includes only the central district of the Los Angeles County Superior Court.

Los Angeles suburban courts are not included. c

Includes only cases for Fairfield judicial district. d

Includes only cases for Hartford-New Britain judicial district.

Milwaukee, WI 242 61.7 152 57.9 88 68.6 2 50.0

King, WA 336 51.8 212 50.9 116 54.3 8 37.5

Fairfax, VA 271 54.6 198 49.0 66 74.2 7 28.6

Harris, TX 1,528 48.3 580 34.9 914 66.9 34 --

Dallas, TX 340 42.9 298 43.0 33 51.5 9 11.1

Bexar, TX 331 32.9 143 36.4 175 23.2 13 46.2

Philadelphia, PA 401 50.5 364 50.7 36 50.0 1 --

Allegheny, PA 407 54.8 201 40.8 202 69.3 4 25.0

Franklin, OH 120 55.0 88 56.8 26 61.5 6 --

Cuyahoga, OH 323 52.4 241 45.8 80 68.8 1 --

New York, NY 399 55.9 306 51.6 74 71.6 19 63.2

Middlesex, NJ 213 36.6 191 31.9 21 81.0 1 --

Essex, NJ 140 34.1 120 34.2 12 33.3 8 33.3

Bergen, NJ 219 53.0 147 51.7 68 58.8 4 --

St. Louis, MO 196 46.4 148 41.9 38 73.7 10 10.0

Hennepin, MN 274 47.1 216 42.6 58 63.8 -- --

Wayne, MI 255 47.5 218 46.8 23 56.5 14 42.9

Oakland, MI 199 41.7 146 38.4 45 55.6 8 25.0

Worcester, MA 59 27.1 50 22.0 9 55.6 -- --

Suffolk, MA 91 36.3 77 31.2 14 64.3 -- --

Norfolk, MA 69 21.7 64 23.4 3 -- 2 --

Middlesex, MA 129 28.7 119 28.6 5 60.0 5 --

Essex, MA 66 40.9 57 40.4 8 37.5 1 100.0

Jefferson, KY 195 58.3 138 59.3 44 63.6 13 30.8

Marion, IN 147 70.3 44 56.8 102 78.8 1 100.0

Dupage, IL 148 62.2 102 60.8 46 65.2 -- --

Cook, IL 564 46.3 483 44.3 56 64.3 25 20.0

Honolulu, HI 50 64.0 25 56.0 21 81.0 4 25.0

Fulton, GA 142 35.9 81 55.6 57 10.5 4 --

Palm Beach, FL 285 71.9 201 65.7 81 87.7 3 66.7

Orange, FL 94 67.0 73 67.1 19 73.7 2 --

Dade, FL 426 61.5 375 63.6 29 48.3 22 58.3

Hartford, CT 126 58.7 42 47.6 83 63.9 1 100.0 d

Fairfield, CT 50 68.0 42 69.0 7 71.4 1 -- c

Ventura, CA 145 41.4 99 39.4 46 45.7 -- --

Santa Clara, CA 112 48.2 73 43.8 38 57.9 1 --

San Francisco, CA 166 52.4 125 51.2 33 63.6 8 25.0

San Bernardino, CA 65 40.0 49 34.7 13 61.5 3 33.3

Orange, CA 463 50.1 298 42.5 162 59.9 3 100.0

Los Angeles, CA 500 51.9 249 49.8 240 58.9 11 18.2 b

Fresno, CA 76 48.7 48 45.8 27 51.9 1 100.00

Contra Costa, CA 78 44.9 55 45.5 22 45.5 1 --

Alameda, CA 83 47.6 70 42.9 10 77.8 3 66.7

Pima, AZ 118 65.3 79 62.0 39 71.8 -- --

Maricopa, AZ 372 56.1% 337 56.7% 26 61.5% 9 14.3%

County Number winners Number winners Number winners Number winners

plaintiff plaintiff plaintiff plaintiff

Percent Percent Percent Percent

Other trialsa All cases Jury trials Bench trials

Appendix C. Trial cases and plaintiff winners by sampled counties, 1996
22 Civil Trial Cases and Verdicts in Large Counties, 1996 

Note: Excludes cases with missing final award amounts.

Final amount awarded includes both compensatory (reduced for contributory

negligence) 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. d

In one jury trial case, the plaintiff winner was awarded over $40 billion. This case

was excluded from the above analysis.

200 Milwaukee, WI 152 82 8,857,000 15,000 1 200 *

King, WA 212 108 8,777,000 15,000 3 313,000 10,000

Fairfax, VA 198 95 10,892,000 17,000 2 3,000 1,500

Harris, TX 580 187 567,204,000 29,000 12 434,715,000 1,800,000

Dallas, TX 298 126 67,060,000 25,000 5 7,636,000 31,000

Bexar, TX 143 52 4,611,000 24,000 2 68,000 34,000

Philadelphia, PA 364 177 97,370,000 150,000 3 615,000 215,000

Allegheny, PA 201 79 22,675,000 34,000 2 412,000 206,000

Franklin, OH 88 50 4,689,000 12,000 3 575,000 75,000

Cuyahoga, OH 242 106 11,504,000 23,000 4 237,000 50,000

New York, NY 306 158 206,822,000 212,000 3 30,475,000 400,000

Middlesex, NJ 191 61 9,035,000 45,000 2 23,000 12,000

Essex, NJ 120 40 10,113,000 37,000 -- -- --

Bergen, NJ 147 74 14,235,000 46,000 5 756,000 156,000

St. Louis, MO 148 62 5,020,000 15,000 3 237,000 36,000

Hennepin, MN 216 91 30,051,000 28,000 2 2,517,000 1,258,000

Wayne, MI 218 93 52,872,000 76,000 1 1,000 1,000*

Oakland, MI 146 55 20,455,000 40,000 -- -- --

Worcester, MA 50 10 1,227,000 27,000 -- -- --

Suffolk, MA 77 24 18,695,000 33,000 1 175,000 175,000*

Norfolk, MA 64 15 3,033,000 17,000 -- -- --

Middlesex, MA 119 32 14,481,000 91,000 2 163,000 81,000

Essex, MA 57 20 1,624,000 40,000 -- -- --

Jefferson, KY 138 78 11,210,000 14,000 7 592,000 30,000

Marion, IN 44 25 2,099,000 23,000 -- -- --

Dupage, IL 102 62 4,195,000 14,000 4 30,000 8,000

Cook, IL 483 228 195,842,000 81,000 4 1,305,000 363,000

Honolulu, HI 25 13 5,333,000 26,000 2 800,000 400,000 d

Fulton, GA 81 45 11,030,000 27,000 4 1,093,000 170,000

Palm Beach, FL 201 132 21,712,000 31,000 2 450,000 225,000

Orange, FL 73 48 13,799,000 29,000 -- -- --

Dade, FL 375 239 130,575,000 44,000 13 1,031,000 57,000

Hartford, CT 42 19 736,000 27,000 -- -- -- c

Fairfield, CT 42 29 3,221,000 24,000 -- -- -- b

Ventura, CA 99 39 6,457,000 21,000 3 718,000 10,000

2,500 Santa Jose, CA 73 30 6,836,000 64,000 1 2,500 *

San Francisco, CA 125 64 27,095,000 98,000 3 3,527,000 500,000

San Bernardino, CA 49 17 10,839,000 91,000 -- -- --

Orange, CA 298 124 144,885,000 49,000 12 23,219,000 250,000

Los Angeles, CA 249 123 90,642,000 87,000 17 13,188,000 65,000 a

Fresno, CA 48 19 2,478,000 50,000 2 303,000 152,000

Contra Costa, CA 55 23 10,385,000 48,000 2 36,000 18,000

Alameda, CA 70 30 11,336,000 59,000 -- -- --

Pima, AZ 79 48 16,499,000 27,000 2 145,000 73,000

Maricopa, AZ 337 189 $66,716,000 $28,000 9 $1,640,000 $50,000

County jury trials winners award award winners award award

number of of plaintiff Total Median of plaintiff Total Median

Total Number Number

Punitive damages awarded

Final amount awarded to plaintiff winners to plaintiff winners

Appendix D. Final and punitive damage awards for plaintiff winners in jury trials,

by sampled counties, 1996
 Civil Trial Cases and Verdicts in Large Counties, 1996 23

Note: Excludes cases with missing final award amounts.

Award data were rounded to the nearest $1,000.

Final amount awarded includes both compensatory (reduced for contributory

negligence) and punitive damage awards.

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.

*Not a median but the actual amount awarded.

--No cases recorded.

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.

Milwaukee, WI 88 54 1,490,000 8,000 1 20,000 30,000*

King, WA 116 62 8,885,000 20,000 1 30,000 30,000*

Fairfax, VA 66 49 3,495,000 20,000 -- -- --

Harris, TX 914 567 244,150,000 37,000 67 15,260,000 44,000

Dallas, TX 33 17 7,225,000 22,000 -- -- --

Bexar, TX 175 41 1,512,000 13,000 -- -- --

Philadelphia, PA 36 18 3,302,000 61,000 -- -- --

Allegheny, PA 202 140 1,168,000 2,000 -- -- --

Franklin, OH 26 16 816,000 11,000 -- -- --

Cuyahoga, OH 80 49 1,743,000 20,000 2 15,000 8,000

New York, NY 74 53 12,598,000 69,000 1 125,000 125,000*

Middlesex, NJ 21 17 1,061,000 9,000 3 238,000 85,000

Essex, NJ 12 4 103,000 11,000 -- -- --

Bergen, NJ 68 38 3,570,000 19,000 2 76,000 38,000

St. Louis, MO 38 28 4,841,000 57,000 3 561,000 36,000

Hennepin, MN 58 37 1,497,000 17,000 1 100 100*

Wayne, MI 23 13 1,295,000 49,000 -- -- --

Oakland, MI 45 21 1,369,000 29,000 -- -- --

Worcester, MA 9 5 128,000 14,000 -- -- --

Suffolk, MA 14 9 1,375,000 75,000 -- -- --

Norfolk, MA 3 -- -- -- -- -- --

Middlesex, MA 5 2 194,000 97,000 1 27,000 27,000*

Essex, MA 8 3 321,000 96,000 -- -- --

Jefferson, KY 44 28 501,000 8,000 1 5,000 5,000*

Marion, IN 102 79 3,000,000 7,000 2 4,000 4,000

Dupage, IL 46 30 1,294,000 15,000 2 15,000 8,000

Cook, IL 56 35 3,458,000 67,000 1 50,000 50,000*

Honolulu, HI 21 17 7,400,000 43,000 -- -- --

Fulton, GA 57 2 363,000 182,000 -- -- --

Palm Beach, FL 81 71 4,953,000 31,000 -- -- --

Orange, FL 19 12 699,000 29,000 -- -- --

Dade, FL 29 13 6,706,000 29,000 -- -- --

Hartford, CT 83 48 1,453,000 6,000 3 27,000 5,000 c

Fairfield, CT 7 4 81,000 21,000 1 14,000 14,000* b

Ventura, CA 46 21 1,532,000 51,000 2 57,000 28,000

Santa Jose, CA 38 21 13,276,000 79,000 3 209,000 94,000

San Francisco, CA 33 21 4,643,000 54,000 1 100,000 100,000*

San Bernardino, CA 13 8 982,000 70,000 -- -- --

Orange, CA 162 97 19,140,000 46,000 7 324,000 40,000

Los Angeles, CA 240 138 25,496,000 91,000 4 202,000 53,000 a

Fresno, CA 27 13 52,143,000 61,000 1 25,183,000 25,183,000*

Contra Costa, CA 22 8 792,000 89,000 1 1 1*

Alameda, CA 10 6 241,000 42,000 -- -- --

Pima, AZ 39 28 1,282,000 19,000 2 $190,000 $95,000

Maricopa, AZ 26 16 $535,000 $19,000 -- -- --

County bench trials winners award award winners award award

number of of plaintiff Total Median of plaintiff Total Median

Total Number Number

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

Appendix E. Final and punitive damage awards for plaintiff winners in bench trials, by sampled counties, 1996
 Civil Trial Cases and Verdicts in Large Counties, 1996 24

The Bureau of Justice Statistics is

the statistical agency of the U.S.

Department of Justice. Jan M.

Chaiken, Ph.D., is director.

This BJS Bulletin presents the first

release of findings in a series of

reports from the Civil Justice Survey

of State Courts, 1996. Carol J.

DeFrances and Marika F.X. Litras

wrote this report. Kevin J. Strom

provided statistical review. Data

collection was supervised by the

National Center for State Courts

(NCSC); David B. Rottman and 

Brian J. Ostrom were the project

co-directors. John Goerdt, formerly

with the NCSC, was the initial 

project director. David B. Rottman

and Neil LaFountain of the NCSC

provided comments. Neil LaFountain also provided data assistance.

Rhonda C. Keith and Tina Dorsey

produced the report. Tom Hester

edited it. Jayne Robinson and

Yvonne Boston administered final

production.

September 1999, NCJ 173426
 Civil Trial Cases and Verdicts in Large Counties, 1996 25

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