Dateline: July, 2007, Issue 5
**previous research updates can be found in the Jury Research Kollectionn at www.kkcomcon.com
How do bifurcated versus unitary trials affect jurors' verdicts?
Horowitz and Bordens (1990) studied the effects of bifurcated versus unitary trials in a mass toxic tort case that was based on the facts of Wilhoite v. Olin Corp., CV 83-5021 (N.D. Ala. 1985).
In this research, over 760 jurors heard, in some form, a four-hour videotape that presented issues of causation, liability, compensatory damages and punitive damages. Some jurors participated in a unitary trial, hearing all the issues at one time before rendering a verdict. Other jurors participated in a bifurcated trial, rendering verdicts after causation, liability and/or compensatory damages, before proceeding to punitive damages.
Most of the unitary trial juries decided in favor of the plaintiffs on liability, while a majority of the bifurcated trial juries decided in favor of the defendant. Bifurcated juries that found for the plaintiffs awarded higher overall damages.
In sum, unitary trials increase the likelihood a defendant is held liable, although with smaller (total) damage awards than bifurcated trials. Bifurcation reduces the likelihood a jury will find a defendant liable, but at the cost of higher overall damages should liability be found.
Source: Horowitz, I.A. & Bordens, (1990). An experimental investigation of procedural issues in complex tort trials. Law and Human Behavior, 14, pp. 269-285.
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LITIGATION, TRIAL & JURY CONSULTANT FIRM