09 Feb Virginia: Brain Injury – a Lawyer’s Motion
On February 9, 2012, Mr. Waterman filed Motion to Strike of Appellant/Appellee/Cross-Appellant, Gregory Joseph Gagnon, in Burns v. Gagnon, Record No. 110754 in the Supreme Court of Virginia. Burns is the brain injury appeal from the 2010 jury award of approximately $6,100,000.00 in Circuit Court for Gloucester County, Virginia.
Gagnon’s Motion in Burns seeks to strike Section 1 of Reply Brief of Appellant, Travis Burns. The Motion and Memorandum in Support argue that Section 1 impermissibly raises new argument and, moreover, that the argument was not preserved for appeal, was not raised in the trial court, and is not well-grounded in fact (because of Gagnon having been an adult entitled to file his brain injury lawsuit when he did).