On July 10, 2012, Circuit Court for Gloucester County, Virginia, scheduled the brain injury case of Gagnon v. Burns, No. CL08-572, for Initial Pre-Trial Conference. Per the mandate of the Virginia Supreme Court, retrial before a jury for sovereign immunity on the issue of gross negligence will be set then.
Currently the parties anticipate 3-4 days of retrial. After a 2-week trial in 2010, the jury found Assistant Principal Travis Burns guilty of simple negligence and awarded the brain injury victim roughly $6,100,000.00 in damages against all Defendants.