Virginia: Brain Injury – a Lawyer’s Motion

Virginia: Brain Injury – a Lawyer’s Motion

On September 30, 2011, Mr. Waterman filed Motion for Writ of Certiorari in the brain injury case of Gagnon v. Burns, No. 110767 in the Virginia Supreme Court. It seeks to have the record on appeal enlarged to include the Jury Special Interrogatory and the Jury Verdict form he proffered but were rejected at trial in Gloucester Circuit Court, both of which critical documents are missing from the file inexplicably.

Virginia Supreme Court Rule 5:13 required that the Gloucester Circuit Court Clerk to prepare and transmit the entire record in the Gagnon brain injury appeal. Under Va. Code Ann. 8:01-673(A), the Virginia Supreme Court may award a writ of certiorari to complete the record “when part of a record is omitted”.