Schlimgen v. May Trucking Co.

After deliberating for nearly two days, after twice announcing to the trial court that it was deadlocked on the issue of apportioning fault, and after receiving two supplemental instructions urging it to continue deliberating, the jury in this negligence case returned a verdict finding defendant 60 percent at fault. Defendant appeals, arguing that the trial court’s instructions violated the rule against coercing a deadlocked jury into reaching a verdict. Plaintiff maintains that the rule does not apply in civil cases and that, in any event, the trial court in this case did not give a coercive…