State Appeals Court Refuses to Overturn Verdict On Basis of Blogging Juror
Posted on November 27, 2011 by Eugene Hollander
, wrongful death
The Illinois Appellate Court refused to overturn a $4.75 million verdict against defendants Metra and BNSF Railway Co. in a 2009 trial involving a wrongful death claim
. The victim was struck and killed by a Metra train at a Metra stop in Berwyn. During the trial, one of the jurors blogged about her jury experience online. The defense contended that the juror discussed the matter with her spouse and had already made up her mind before the jury returned a verdict. The appeals court rejected the argument, ruling that the defendants needed to show specific prejudice, which they failed to do.