On February 29, 2012, Mr. Waterman argued in the brain injury appeals of Burns v. Gagnon and Gagnon v. Burns, Record Nos. 110757 & 110767 in the Supreme Court of Virginia. It likely will be weeks before a written opinion is handed down.
Burns is appealing his liability, while Gagnon is cross-appealing gross negligence, in Burns; and Gagnon is appealing collection of his damages award in Gagnon. On August 27, 2010, a jury in Circuit Court for the County of Gloucester, Virginia, awarded the crime victim approximately $6,100,000.00 in damages for his personal injuries.