On February 10, 2012, the Supreme Court of Virginia scheduled oral argument for February 29, 2012, in Mr. Waterman’s brain injury appeal of Burns v. Gagnon and Gagnon v. Burns, Record Nos. 110754 & 110767. Each case appealed is accorded 30 minutes, split between the parties equally.
In Burns, Burns appealed 4 liability points – legal duty, sovereign immunity, statutory immunity, and deposition admissibility – and Gagnon cross-appealed on the liability issue of gross negligence. In Gagnon, Gagnon appealed on the joint and several liability of Burns for the roughly $6,100,000.00 awarded to the crime victim.