quotient verdict


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quotient verdict

n. an award of money damages set by a jury in a lawsuit in which each juror states in writing his/her opinion of what the amount should be. Then the amounts are totalled and divided by the number of jurors to reach a figure for the award. A quotient verdict is illegal and improper since it is based on guesses and not a rational discussion of the facts. Such a judgment will be set aside on a motion for a new trial and a mistrial will be declared by the judge. (See: damages, award, verdict, motion for a new trial, mistrial)

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The affidavits were insufficient to show a quotient verdict because the jury did not stop with the average; the agreement to multiply by plaintiff's requested amount was reached through deliberation.
Meanwhile, in Dept of Transportation v Graham, (21) one affidavit attacking the verdict as a quotient verdict was submitted by defendant himself, who attested that he personally contacted several jurors, he asked the jurors how they reached the verdict, and the jurors told him they did so by averaging.
Both were insufficient to show a quotient verdict because neither one stated that the jury reached an advance agreement to be bound by the average.
Although acknowledging that the affidavits proved a quotient verdict, the appellate court found that the affidavits could not be considered because they impermissibly revealed the "motive, method or process by which the jury reached its verdict" by discussing the deliberations, The court held that juror affidavits ma> attack a quotient verdict only where "it can be shown that the decision to employ [the quotient method] was the result of extraneous influences.
Finally, your post-trial motion should request an evidentiary hearing on the quotient verdict issue.
Attacking the quotient verdict

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