Virginia: Brain Injury – a Lawyer’s Denials

Virginia: Brain Injury – a Lawyer’s Denials

On June 15, 2012, the Virginia Supreme Court in Richmond denied the Petitions for Rehearing of Travis Burns as Appellant and of Gregory Gagnon as Appellant/Cross-Appellant in the crime victim appeal of Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767. That maintains the Court’s opinion handed down on April 20, 2012, Burns v. Gagnon, 283 Va. 657 (2012).

In 2010, a Gloucester jury found Burns guilty of simple negligence for the permanent brain injury suffered by Gagnon at Gloucester High School, and awarded aggregate damages of $6,100,000.00 against Defendants. The Virginia Supreme Court agreed with Gagnon that Burns also should have been tried on “gross negligence,” id. at 677-678 and 683; so another Gloucester jury will decide that, hopefully in 2012.