Mr. Waterman’s Gloucester County brain injury case, Gagnon v. Burns, Record Nos. 110754 and 110767, has been scheduled for oral arguments before a writ panel of the Virginia Supreme Court on August 31, 2011. Both parties have been granted 10 minutes on their respective Petitions for Appeal.
Since there is no appeal of right to the Virginia Supreme Court in personal injury cases, a petitioning party must be granted a writ of certiorari for an appeal. The parties in the Gagnon brain injury lawsuit likely will receive decision on whether either or both will be granted an appeal (and, if so, on what issues) a couple months after their oral arguments.
In Gagnon, a Gloucester jury awarded $5,000,000.00 in principal and pre-judgment interest of approximately $1,100,000.00 to Mr. Waterman’s brain injury client. It found the assailant, his instigating sister, and a negligent Assistant Principal at Gloucester High School liable.