The jury renders its verdict. No party objects. The judge thanks the jury for its service, discharges them, and tells them they are free to go. The jury exits, but there’s one problem: the jury’s verdict is internally inconsistent. Is it too late to call the jury back to rectify the inconsistencies in its verdict?
This was the question facing the Supreme Court in the case of Dietz v. Bouldin, decided earlier this month. After the jury delivered a verdict of $0 in damages, the judge discharged the jury and the jurors left the courtroom. However, the judge quickly realized that the jury’s verdict was legally impermissible: the parties had stipulated that medical expenses of $10,136 were owed, and the only question for the jury to decide was whether the award should be even higher.