On August 31, 2011, Mr. Waterman and opposing counsel argue Gagnon v. Burns before a writ panel of the Virginia Supreme Court in Richmond, Virginia. Both parties have petitioned to appeal different aspects of the brain injury case in which Gloucester County jury awarded approximately $6,100,000.00.
In Record No. 110754 of Gagnon, Defendant Travis Burns raises four points that he claims require reversal of his liability finding. In companion Record No. 110767, Mr. Waterman raised the issue of joint and several liability, arguing that the Plaintiff brain injury victim of assault and battery is entitled to collect the full damages award against the Defendant Assistant Principal at Gloucester High School, who enjoys $6,000,000.00 in insurance coverage.
In Virginia, parties to personal injury suits are not guaranteed an appeal from the trial court. The brain injury litigant in Gagnon likely will be advised in September which, if any, issues will be granted a writ of certiorari by the Virginia Supreme Court.