Where to Find Jury Verdicts in Some Tort Cases: Some Sources
The torts litigator frequently finds jury verdicts (the dollar
amounts awarded plaintiffs in civil suits) in similar cases to
be valuable guides in negotiating settlements or evaluating
damage
claims. It is often difficult, however, to find
information
about verdicts. The verdicts themselves, at
the trial court
level, are not formally reported; newspapers
(legal and otherwise)
only rarely report verdicts; and
reported appellate court
opinions infrequently touch on
the adequacy or propriety of
verdict amounts. Nevertheless,
a number of publications collect
information on verdicts.
Some are newsletters, others sections
of treatises devoted
to substantive or procedural law. A few
describe verdicts
recently awarded in trial courts; most note
verdicts
considered in reported appellate court opinions.
These publications are generally arranged by type of
action (such
as "wrongful death"), by area of body
injured (such as
"neck"), or by instrumentality causing
the injury (such as
"lawn mower"). Below are listed, in
alphabetical
order by title, some of the more useful
published sources of
information on jury verdicts, as
well as jury information available
on WESTLAW and LEXIS.
Remember also that many other
substantive law treatises
touch on verdict issues.
For law
review articles discussing jury verdicts,
check the Current Law
Index or LegalTrac under "Damages"
or
"Verdicts"; use the same subject headings to search the
library's online catalog.
Some vendors offer fee-based
computerized jury
verdicts search services. Two of the better
know of
these are Verdict-Trak, offered by Jury Verdict Review
(publisher of the National Jury Verdict Review and
Analysis
newsletter), and VerdictSearch, offered by
New York Jury Verdict
(publisher of the New York Jury
Verdict Reporter newsletter).
(Finally, perhaps to state the obvious, you
aren't going to
find publications reporting contract
verdicts: here the instrument
at issue controls the
result.)
PUBLICATIONS
American law of products liability 3d (monthly, 1987-)
(KF1296/A6/A547)
Discusses otherwise
reported verdicts arranged
by instrumentality causing injury. Access
provided by
index in last volume.
Causes of action
(1983-) (KF8863/S53)
Articles on various types of actions often
list "illustrative awards" (usually otherwise
reported
cases). Check cumulative index at end of set.
Courtroom medicine (1962-) (KF8964/C66)
Divided into multivolume subsets by type (e.g.
"Psychic Injury") or area (e.g. "The Neck") of
injury,
with most sets containing sections setting forth,
in
tabular format or by discussion of individual
cases, representative
jury awards.
Cyclopedia of trial practice : dollar
verdicts (KF8913/S32)
See vols. 5-5A.
Summarizes otherwise reported
verdicts, arranged by are of injury.
Damages for personal injury and
death in Canada
(1985-) (KE1237/A4/G65)
Updated by annual paperback supplements. Arranged
by area and type of
injury, notes otherwise reported
verdicts.
Damages
in tort actions (1982-) (KF1248/D18)
Vol.
6A summarizes otherwise reported verdicts,
divided by area of
injury. Decisions summaries are
arranged in tabular format,
alphabetically by jurisdiction.
Drugs in litigation (annual)
(KF1297/D7/D77)
Notes verdicts (some unreported), arranged
by
drug at issue.
Lane Medical litigation guide (RA1051/L241)
Gives "specimen awards" related to
injuries to
various parts of the body.
Law Reporter
(Assn. of Trial Lawyers of America)
(monthly, 1985-)
(KF8913/As78)
Notes larger verdicts and leading cases.
Monthly table of contents and annual index provide access.
National jury verdict review and analysis
(monthly, 1985-)
(KF1247.8/N36)
Notes mostly
otherwise reported cases; provides
some commentary.
New
York damages awards (annual) (KFN5100/D2/C439)
Indexes mostly
otherwise reported cases; provides
some textual discussion of
damages principles.
New York jury verdict reporter (weekly,
1981-)
(KFN5051.1/N44)
Previously
published in separate New York City and
upstate editions. Most
comprehensive reporter of
otherwise unreported federal and state
trial court
verdicts, with noncumulating (issue-by-issue) indexes
by attorneys, parties, experts, injuries, judges, and
types of
case.
Medical malpractice compendium (1987-)
(KFN5051.1 .N421)
cumulates case digests.
New York state jury verdict review and
analysis
(monthly, 1987-) (KFN5311/A59/N48)
Newsletter
summarizes selected state supreme
court and federal district court
civil jury verdicts.
Personal injury : actions, defenses,
damages
(1957-) (KF8925/P4/P38/1957)
Vol. 3, Damages, summarizes otherwise
reported verdicts, arranged by area of injury.
Personal
injury defense reporter (Monthly, 1985-)
(KF8925/P4/A136)
Occasionally notes substantial or unusual
damage
awards.
Personal injury valuation handbooks (Jury
Verdict
Research) (KF1256/A8/P432)
Confusingly arranged and slowly updated by
pamphlet supplements;
attempts not only to summarize
representative verdicts, but also,
particularly in
its "New York edition," to analyze verdict
trends
and provide "verdict expectancy" tables arranged
by general area of body injured.
Preparing for settlement and
trial (1985-)
(KF8900/P919)
Articles on various actions
sometimes provide
"illustrative settlements" (usually
otherwise reported
cases). Check cumulative index at end of
set.
Products liability reporter (CCH,
1963-)
(KF1296/A6/C736)
Provides
summaries (in vol. 1) of cases printed
by the Reporter, arranged by
product, by injury, and
dealing with wrongful death by jurisdiction.
The Trial lawyer's guide
(annual) (Per.K24/R56)
Often discusses large
or important verdicts.
West's personal injury news (1983-)
(KF1256/A53/W47)
Biweekly pamphlets index
cases printed by the
various West reporters. General topic
"Damages"
(subdivided alphabetically by subtopic)
summarizes cases dealing with damage awards.
What's it
worth? : a guide to current personal injury
awards and settlements
(annual) (KF1257/H3)
Indexes by injury mostly otherwise
reported cases.
LEXIS
Verdicts Library (VERDCT):
ALLVER: all files in library combined
ATLA: Assn. of Trial Lawyers of America
jury verdicts and settlements
SHEPJV: Shepard's/McGraw Hill
Verdicts,
Settlements and Tactics (1988-)
JVR: Jury Verdict Research (1987-)
NLJVER: National Law Journal Annual Verdict
Review (1990-)
(The VERDCT library also includes files covering
verdicts from various states, not including New York.)
WESTLAW
Databases:
LRP-JV: Jury Verdict and Settlement
Summaries (1987-)
VST: Verdicts, Settlements and Tactics (1988-)
(Westlaw also includes databases covering verdicts
from
various states, not including New York; see the
current Westlaw
Database List.)