However, the agreements are still in place because they have mutual benefits. Juries are notoriously unpredictable. When filing from the courtroom to cooperate, neither party can predict the verdict or accurately estimate the amounts of the bonuses determined by the jury. By entering into a high-level agreement, the two parties essentially insure each other against their most pessimistic scenario: no payment for the complainant and personal liability for distinctions that go beyond compliance with the doctor`s insurance coverage. Parties and lawyers should consider high-level agreements when balancing their options in their cases; There are many situations in which these agreements may be desirable. Moreover, it is encouraging for those who recognize the different benefits of jury trials to see that there is evidence that low-cost agreements actually favour jury trials. As we try to avoid the extinction of the jury, the promotion of the use of high-level agreements may well be a step in the right direction. The court knew that the complainant and Niagara had a high-low agreement (but not the terms of the agreement), but Garlock and the jury knew nothing of the agreement. The jury ultimately awarded $3,750,000 in damages to the plaintiffs and found Garlock 60% liable and Niagara 40% liable. When Garlock became aware of the jury`s approval a few days after the verdict, she decided to quash the verdict and aspire to a new trial.
The Supreme Court dismissed Garlock`s motions and issued a judgment on the verdict, as confirmed by the Appeal Division. From the beginning of a trial until a few minutes before the jury`s verdict, very low agreements can be reached at any time. Their existence is generally not disclosed to juries or judges, and often is not a matter of public registration. Keeping the agreement secret until sentencing is not subversive. On the contrary, it preserves the purity of the process and the integrity of the agreement. While high-level agreements are a 11th-hour solution for disproportionate results, they may not be the last chance to resolve a case within or near the defendant`s insurance limits. A transaction at the 13th hour or after the verdict, which reduces the jury`s sentence while ensuring a quick payment to the applicant, is a final alternative to other litigation.