In this medical malpractice lawsuit, the plaintiff claimed the judge’s questioning of “Juror 3” coerced a verdict. The judge gave a Prim instruction (Illinois Pattern Jury Instruction, Civil No. 1.05; People v. Prim, 53 Ill.2d 62 (1973)) on the second day of deliberation after receiving two jury notes.
The first note said: “We are gridlocked at 11 to 1. We have tried persuading said person, but there is a refusal to listen to the law.”
In the second note, Juror 3 asked: “If I’ve reached my decision and the 11 won’t rest it, yet continue to try and sway my decision, at what point can this end?” A day later, when Juror 3 said that she was “experiencing elevated blood sugars and chest pain due to the stress of this deliberation,” the judge followed up with the second Prim instruction (I.P.I. Civil No. 1.06).