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On June 23, 2010, The Daily Press headlined “Gloucester schools trial set for August” and subtitled “Former student seeking millions after fight left him injured”. The article covered hearing on June 23, 2010, for the brain injury case of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. At prior...

On June 15, 2010, Sentara Williamsburg Community Hospital finally provided the Plaintiff patient its 12-page computer database printout by Risk Management. Sentara produced that patient record the week before Patient’s Motion to Enforce Va. Code Ann. §8.01-413(C) Subpoena was scheduled to be heard in the medical...

On June 10, 2010, multiple discovery issues were heard in the brain injury suit of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. The Court first granted Plaintiffs’ Motion for Reconsideration and vacated its prior ruling that incorrectly had deemed certain Requests for Admission...

On May 26, 2010, Mr. Waterman filed the medical malpractice suit of Myron M. Arshan, Executor of the Estate of Sharon Lorrie Britt, Deceased v. Stephen E. Plotnick, M.D., et al., No. CL10000619-00 in Circuit Court for the City of Williamsburg and James City County, Virginia. On May...

On May 26, 2010, a Consent Order was entered in the special case of Parker v. Parker, No.CL09-1403 in the Circuit Court for the City of Williamsburg and James City County, Virginia. Prior to hearing on the merits, the defense capitulated to Mr. Waterman’s Plaintiff client, consenting to...

On May 4, 2010, Mr. Waterman settled another vehicle accident claim. He was able to do so without filing suit. A resident living in Newport News was involved in a vehicle accident occurring in Loundon County. Modern communications make it easy for a Mr. Waterman to handle distant cases. If you...

On April 26, 2010, Mr. Waterman prevailed on Motion to Correct Award Calculation and for Additional Attorney’s Fees at telephone hearing in the special case of Gary W. Routson v. Helen E. Routson, No. CL09-2620 in York County and Poquoson Circuit Court. His client was awarded an additional...

On April 13, 2010, after a two-day trial, Mr. Waterman prevailed in the special case of Gary W. Routson v. Helen E. Routson, No. CL09-2620 in Circuit Court for York County, Virginia. His client was refunded almost $85,000.00 in payments made under protest, awarded over $20,000.00 in attorneys...

On April 8, 2010, Mr. Waterman negotiated a pair of settlements in companion vehicle accident cases in Circuit Court for Mathews County, Virginia. They are Suzanne Sopko v. Phyllis Lewis and Patrick Sopko v. Phyllis Lewis, Nos. CL10-02 and CL10-01. The underlying vehicle accident in Sopko occurred in 2007. The suits initially filed for their...

Last week, Mr. Waterman obtained a six-figure settlement for a local vehicle accident victim. The case is Garrity v. Jones, No. 1341 in Circuit Court for York/Poquoson, Virginia. The underlying collision in Garrity occurred in Yorktown, Virginia. The vehicle accident victim underwent physical therapy and orthopaedic surgery....

The consolidated cases in Routson v. Routson involve approximately $200,000.00 in disputed tax-free disability payments, plus roughly $25,000.00 in attorneys fees, costs and expenses. These special cases being decided on cohabitation are Nos. CL09-2283 and CL09-2620 in Circuit Court for York County and Poquoson, Virginia. “Only if and until a...

On March 4, 2010, Plaintiff’s three pending Motions were granted at hearing in Marshall v. Moniz, No. CL08-2018 in Circuit Court for York/Poquoson, Virginia. The plaintiff patient alleges medical malpractice and more than $1,000,000.00 in medical bills for which he seeks damages of $12,000,000.00. First, the judge granted Plaintiff’s...

The companion cases in Routson v. Routson, Nos. CL09-2283 and CL09-2620 in Circuit Court for York County and Poquoson, Virginia, are consolidated for trial. At issue in these special cases are roughly $200,000.00 in tax-free disability payments, the entitlement to which turns on cohabitation. Va. Code Ann. §20-109(A) requires proof...

On February 19, 2010, Plaintiff’s Motion for Entry of Order was filed in the medical malpractice case of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County, Virginia. The presiding Judge had requested Plaintiff as prevailing party on three issues on February 9, 2010, to draft...

Garrity v. Jones is a motor vehicle accident lawsuit pending in Circuit Court for York County, Virginia, No. 1341. Significant issues surround the adequacy of pre-trial expert disclosures by the defense. In her First Motion in Limine, Plaintiff seeks to exclude the defense retained expert from referring to any Cincinnati...

On February 9, 2010, the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for the County of York and the Town of Poquoson, Virginia, was heard on the Defendants’ three dilatory pleadings. Plaintiff seeks $12,000,000.00 in compesatory damages, alleging that various surgery-related acts and/or...

Marshall v. Moniz, No. CL08-2018 in York Circuit Court is a medical malpractice action. Defendants have moved to transfer venue to Williamsburg, Virginia. Va. Code Ann. §8.01-261 provide “Category A or preferred venue”. There is no preferred venue in the Marshall medical malpractice lawsuit . Va. Code Ann. §8.01-262(3&4) provide “Category B permissible venue,” wherein...

Marshall v. Moniz is a medical malpractice lawsuit pending in Circuit Court for York County, Virginia. Defendants have filed a Demurrer to strike Plaintiff’s “catch-all” allegation of negligence: “Such other tortious acts and omissions as may be investigated, discovered and proved”. Yet, it is hornbook law that Virginia is...

The medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in York Circuit Court, initially was filed in Williamsburg/James City County and non-suited after the refilling in York County, Virginia. Defendants have filed a Special Plea and Demurrer for dismissal with prejudice based on that litigation history. The Supreme...

This week attorney Avery T. “Sandy” Waterman, Jr., Esq. of Williamsburg/Newport News, Virginia, settled another out-of-state vehicle accident case. He negotiated the personal injury claim of a Peninsula resident involved in a Maryland collision. It was the companion claim of a mother whose daughter was victim of...

On January 14, 2010, the brain injury case of Gagnon v. Burns was reconsidered in Circuit Court for Gloucester County, Virginia. Sovereign immunity still was denied the Defendant Assistant Principal. The Judge reaffirmed his findings that the testimony of Shannon Diaz and other witnesses of Plaintiffs was more persuasive than...

On December 16, 2009, Defendant in the brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester, Virginia, lost the issue of sovereign immunity on its Plea in Bar. The trial judge ruled his findings of “ministerial act” and “simple negligence” were preemptive, not subject to relitgation...

In the Virginia brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester Circuit Court, the defendant assistant principal alternatively claims sovereign immunity by statute, Va. Code Ann. §8.01-220.1:2(A). Defendant argues that “teachers” in that statute actually means “principals” and “assistant principals” too. It is hornbook law that statutes...

In the brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester, Virginia, plaintiffs introduced as evidence at trail on sovereign immunity the de bene esse deposition of a key witness taken in the initial proceeding that was non-suited. Defendant Burns objected, referring generally to Va. Sup. Ct. Rule 7. But Rule...

n Gagnon v. Burns, No. 049352 in Gloucester Circuit Court, the brain injury victim alleges gross negligence as an exception to the sovereign immunity claimed by the defendant Assistant Principal. Plaintiffs allege that his failure to exercise any prudence, diligence or care for the safety of the student...

In the brain injury case of Gagnon v. Burns, No. CL07-557-00 in Gloucester, Virginia, plaintiffs argue that defendant’s conduct in destroying evidence and approaching witnesses should be considered some evidence of gross negligence. The Virginia Supreme Court has declared that “a party’s conduct, ‘so far as it indicates...

On December 18, 2009, The Daily Press again marqueed Hampton Roads attorney, Avery T. “Sandy” Waterman, Jr., Esq., under a headline entitled, “Judge says assistant principal negligent.” Mr. Waterman prevailed in a brain injury case in Gloucester Circuit Court, Gagnon v. Burns, No. CL08-572. The article reports the witnesses’ testimony and judge’s ruling...

On December 16, 2009, Gloucester Circuit Court heard the Demurrer and the Plea in Bar of Virginia sovereign immunity in the brain injury case of Gagnon v. Burns, No. CL08-572. At 9:15 p.m., after a 12-hour trial, Judge Long ruled in favor of Plaintiffs, who are represented by Avery...

On November 17, 2009, Avery T. “Sandy” Waterman, Jr., Esq. filed a wrongful death suit in Richmond Circuit Court. Defendants are a Trooper and the Superintendant of the Virginia State Police. The alleged wrongful death occurred when at least one Trooper fatally shot multiple times at close range a motorist...

On December 10, 2009, the Chief Judge of Hampton Circuit Court entered Contempt Order against Ricky E. Carr after supplemental hearing for reconsideration at his request. In the special case of Carr v. Carr, No. 05-378, Mr. Carr was ordered to pay in full arrearages of $40,318.85 by...