Gloucester $9,350,000.00 Brain Injury Suit – a Lawyer’s Coverage

Gloucester $9,350,000.00 Brain Injury Suit – a Lawyer’s Coverage

On January 8, 2009, The Daily Press covered a successor suit for traumatic brain injury filed by Avery T. “Sandy” Waterman, Jr., Esq. in Gloucester. Its headline is titled “New suit seeks $9M over fight”.

In December, 2006, a Gloucester High School student was victim of a vicious unprovoked assault and battery by another student, who allegedly was encouraged to attack by his older sister. The siblings recently were named as Defendants since both now have graduated and are adults.

Gloucester Assistant Principal Travis Burns remains the primary Defendant for his alleged gross negligence in completely abdicating his ministerial duty to intervene as specifically requested and promised hours beforehand. By Deposition attached as an exhibit, a fellow student already has testified under oath that Burns assured he would alert Gloucester High School, security hours before the attack; and by separate Affidavits attached as exhibits, the victims parents have averred further under oath Burns subsequently admitted to each of them independently that he “dropped the ball” in not protecting their child at school.

The attack victim suffered traumatic brain injuries which persist and increase, including among other things memory loss; balance, vision and learning problems; seizures; and psychological issues. As averred, he needed special academic accommodation to graduate Gloucester High School; cannot attend college or even drive; and has limited employment and other prospects.

Although the suit has requested $9,350,000.00 for the victim’s damages, Mr. Waterman previously sought unsuccessfully to settle case with Assistant Principal Burns and the Gloucester County School Board within their very substantial insurance coverage limits and remains open to such a resolution. So far, Mr. Waterman has discovered two insurance policies covering Burns that can provide at least $6,000,000.00 in coverage for his client’s traumatic brain injuries.

The suit also alleges that Gloucester officials have secreted all school investigative materials in the attacker’s records to keep them from the assault and battery victim. Any such withholding of key facts enables Defendants to deny them without impeachment.