28 Aug Virginia: Brain Injury – a Lawyer’s Vindication
On August 28, 2010, Richmond Times Dispatch headlined “Gloucester student injured in lunchroom fight wins $5 million” about Mr. Waterman’s brain injury case. It also subtitled “Jurors have awarded a former Gloucester High School student $5 million for permanent injuries he suffered in 2006 lunchtime fight” and “The jury on Friday also awarded Gregory Gagnon interest dating back to the fight, which could increase the award by $1 million.”
Also on August 28th, The Daily Press headlined “Former student awarded $5 million,” and subtitled “High school assistant principal, assailant and his sister will pay award to Gregory Gagnon”. Additionally on August 28th, Channel 13 in its evening news covered the brain injury trial of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia.
As to his liability, Assistant Principal Burns could not overcome 5 witnesses’ consistent testimony that he previously had admitted he “screwed up,” “made a big mistake,” and “dropped the ball”; and his own testimony that he “lost” his note about being forewarned, that he “threw out” his personal calendar, and that he created and repeatedly revised an internet document he ascribed to the Plaintiff. Regarding damages in Gagnon, Assistant Principal Burns abruptly withdrew as witnesses all 6 of his retained medical experts on the day that they were to testify, effectively conceding that the Plaintiff’s 10 medical experts and half-dozen or more fact witnesses were correct about his brain injury and other traumatic injuries.