Plaintiffs filed a lawsuit for personal injury and loss of consortium arising from a motor vehicle collision. A jury entered a verdict in favor of the plaintiffs and defendants filed a post-trial motion seeking a new trial. The trial court denied the motion and defendants appealed. On appeal, defendants argued that they were deprived of a fair trial when plaintiffs’ attorneys published social media posts during the trial that discussed the case and in which counsel claimed that information was being improperly withheld from the jury. The appellate court reversed and remanded for a new trial, finding that the posts were a “serious effort” toward reaching the jury and influencing the verdict and that the trial court abused its discretion in how it investigated whether the social media posts had come to the attention of the jury by questioning the jurors as a group and by making “highly suggestive” statements. (LAVIN and PUCINSKI, concurring and PUCINSKI, specially concurring)
Illinois Appellate Court
Civil Court
Social Media