Virginia: Brain Injury – a Lawyer’s Rehearing

Virginia: Brain Injury – a Lawyer’s Rehearing

On May 21, 2012, Mr. Waterman filed Petition for Rehearing of Appellee/Cross-Appellant in Burns v. Gagnon, No. 110754 in the Virginia Supreme Court, the $6,100,000.00 brain injury jury award on appeal from the Circuit Court of Gloucester County, Virginia. It alleges manifest errors of law vis-à-vis: (1) Burns assumed a duty of care as a matter of law; (2) Burns’ obligation was ministerial under the facts of this case; and (3) Burns’ negligence was gross as a matter of law.

On May 21, 2012, Mr. Waterman also filed Appellant’s Petition for Rehearing in the companion crime victim appeal, Gagnon v. Burns, No. 110767 in the Virginia Supreme Court. That asserts manifest errors of law vis-à-vis the responsibility of Burns as negligent tortfeasor for James Newsome as intentional tortfeasor and/or for Christine Newsome as negligent tortfeasor, and of James Newsome for Burns and for Christine Newsome.

On May 18, 2012, Petition for Rehearing of Burns was filed in the Virginia Supreme Court under the consolidated captions of Burns and Gagnon. Thereby Burns claims in the brain injury appeal: (1) the court’s finding that as a public official Burns owed no special duties to Gagnon precludes any findings that Burns assumed any duties for supervision and care of Gagnon as a matter of law; (2) Gagnon waived remand to the jury of any findings of assumed duties; (3) the issue of gross negligence previously adjudicated by the trial court acting as the trier of fact and these decisions constitute res adjudicata; and (4) Gagnon agreed to have the issues of gross negligent adjudicated by the trial court, acting as trier of fact, and thus waived the trial of gross negligence at trial.