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Another issue in the consolidated brain injury appeal before the Virginia Supreme Court in Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767 is the admissibility of the key witness’ de bene esse deposition taken in the companion predecessor action that was non-suited....

In the brain injury appeal of Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767, the Defendant claims that the prior action deposition should not be admissible because it was defended by an associate instead of a partner. However, Virginia and Federal cases...

In Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767, the $6,100,000.00 brain injury verdict on appeal to the Virginia Supreme Court, a sub-issue on admissibility of the prior action deposition is whether the current action involves the “same subject matter”. Plaintiff filed...

On November 23, 2011, Mr. Waterman filed Plaintiff’s Motion to Compel in the car crash case of Cooper v. Tigges, No. CL 63034 in Circuit Court for Loudoun County, Virginia. He seeks the contemporaneous witness statements of both drivers taken in the routine and ordinary...

On November 21, 2011, Mr. Waterman filed Brief in Opposition and in Support of Assignments of Cross-Error of Appellee/Cross-Appellant, Gregory Joseph Gagnon, with the Virginia Supreme Court in Richmond, Virginia. It is in the consolidated brain injury appeal, Burns v. Gagnon, No. 110754 c/w Gagnon...

The December 2011 issue of Hampton Roads Magazine names Mr. Waterman to The Annual List of Super Lawyers, “The Top Attorneys in Hampton Roads”. He is 1 of only 7 Hampton Roads lawyers recognized for “PERSONAL INJURY PLAINTIFF: MEDICAL MALPRACTICE,” Id. at S-7 and S-9;...

The October/November 2011 issue of the Louisiana Bar Journal features “Camera Phones, Patient Privacy and HIPAA: The Growing Problem of Camera Phone Abuse in Health-Care Facilities”. That legal article chronicles that “the majority of the reported cases of camera phone abuse in health-care facilities involve...

On November 9, 2011, Mr. Waterman served a car collision suit pending in Circuit Court for the City of Newport News, Virginia. The case is Reynolds v. Adair, No. CL1101523V-04. Prior to having the Reynolds motor vehicle accident lawsuit served on the Defendant, Mr. Waterman made...

The October 2011 issue of Trial, the monthly publication of the American Association for Justice (“AAJ”) www.justice.org, features “Benefits of a Grief Counselor’s Testimony.” The bottom line of that article is that a professional “grief counselor can put the loss [of wrongful death] in context...

The Lawyer’s LogBook, a bi-monthly publication for plaintiff’s lawyers only, focused its June-July 2011 issue on trucking vehicle crashes. Titles of articles featured are: (1) Personal Injury & Wrongful Death Caused by Trucking Accidents; (2) Downhill Braking; (3) The Case of the ‘Dana Point Pirates’;...

“Invited error” is a specific waiver issue in Gagnon v. Burns, No. 110767 c/q No. 110754 in the Virginia Supreme Court in Richmond, Virginia. The brain injury victim argues that the opposition is estopped on appeal from complaining about the legal consequence the damage instructions...

Happy Halloween! Amid all the costuming and merriment, remember to think safety. Time-worn precautionary practices include buying fire-resistant costumes with reflective surfaces or accessories; using the “buddy” system, flashlights, and cell phones; warning against going inside homes visited; and carefully checking wrappers for tampering. Be wary...

On October 27, 2011, Mr. Waterman refiled a medical malpractice suit in Circuit Court for the City of Newport News, Virginia, captioned Shirley Frazier Burrell v. Riverside Hospital Inc. and Nurse M. Ames. The original suit was in the now – widowed patient’s then –...

On October 25, 2011, Mr. Waterman files Brief of Appellant in Gagnon v. Burns, No. 110767 c/w No. 110754 in the Supreme Court of Virginia in Richmond, Virginia. Waiver is an issue in that brain injury appeal of the jury’s $6,100,000.00 verdict in Circuit Court...

The Summer 2011 issue of The Safety Report featured article “Brain Injury – Recognizing a ‘Hidden Disability’”. The Center for Disease Control and Prevention (“CDC”) estimates that annually there are 1,700,000 traumatic brain injury (“TBI”) victims in the United States, causing 1,370,000 emergency room visits,...

On October 17, 2011, the Virginia Supreme Court granted in part and denied in part Appellant’s Motion for Writ of Certiorari in the brain injury action of Gagnon v. Burns, No. 110767 c/w 110754. Its Order made part of the appellate record the Jury Special...

On October 14, 2011, Mr. Waterman filed a motor vehicle accident lawsuit for personal injury damages in Circuit Court for the City of Newport News, Virginia. The defendant was cited by Summons for failure to yield the right-of-way on Richneck Road in violation of Va....

On October 12, 2011, Plaintiff, Shirley Frazier Burrell, non-suited Shirley Frazier Shakshober v. Riverside Hospital, Inc. and Nurse M. Ames, No. CL08-296 in the Circuit Court for the City of Newport News, Virginia. That was a medical malpractice lawsuit previously filed under her married name. Va....

On October 6, 2011, Defendants filed Motions in Limine and Memorandum in Support in Shirley Frazier Shakshober v. Riverside Hospital, Inc., et al., No. CL08-296 in Circuit Court for he City of Newport News, Virginia, toward keeping from the jury twelve (12) points of evidence...

On October 4, 2011, Mr. Waterman attended an ethics and professional program in Richmond, Virginia, presented by the Virginia State Bar and Attorney Liability Protection Society, Inc. (“ALPS”). The hot topic was “social media,” which surfaces with increasing frequency as key evidence in personal injury...

On September 30, 2011, Mr. Waterman filed Motion for Writ of Certiorari in the brain injury case of Gagnon v. Burns, No. 110767 in the Virginia Supreme Court. It seeks to have the record on appeal enlarged to include the Jury Special Interrogatory and the...

Like the rest of America, Virginia is exploding with “social media” – from YouTube to Facebook to Myspace to Twitter to LinkedIn to Lester v. Alliance Concrete to you-name-it! Most of the younger generation and increasing numbers of the older generation are expressing themselves online...

On September 28, 2011, Mr. Waterman settled a car accident claim arising in Newport News, Virginia. His client suffered personal injuries from a rear-ender on Interstate 664 in 2010. As a result of the two car collision, the victim was treated at Mary Immaculate Hospital in...

On September 24, 2011, Mr. Waterman settled a car accident claim against the six-figure insurance policy of an out-of-state motorist. His client is a long-time resident of Williamsburg, Virginia. The offending motorist allegedly ran a redlight on Airport Road and broadsided the victim on Richmond Road...

Social media burst onto the radar of most lawyers in 2011 with repeated headline news coverage of a notorious truck accident case, Lester v. Allied Concrete. But Mr. Waterman has been wrangling with it for years. In a confidential 2009 Williamsburg special case in Court, a...

In Evans v. Evans, 280 Va. 76 (2010), the Virginia Supreme Court upheld the right of a child to sue through one parent as next friend the other parent who injured the child by negligence in a vehicle crash. A father had put his 4...

On September 15, 2011, the Supreme Court of Virginia awarded appeals on the Petition filed and cross-errors assigned by Mr. Waterman’s client in Gagnon v. Burns, Record No. 110767; and on the Petition filed by the opposition in Burns v. Gagnon, Record No. 110754. The...

This month, Mr. Waterman attended “The Ethics of Negotiation in Mediation” in Richmond, Virginia, sponsored by the Virginia ADR Joint Committee of the Virginia Bar Association and the Virginia State Bar. Topics included mediating out-of-state, mediator background and “bad faith” disclosures, lawyer mediation conduct, and...

On September 13, 2011, Mr. Waterman settled without having to file suit a medical malpractice claim against a Wal-Mart Pharmacy in Williamsburg, Virginia. It was a clear case of liability for the pharmacist dispensing 10 times the strength of a medication prescribed by a neurologist...

On September 3, 2011, Mr. Waterman again was selected by his peers for inclusion in the 2012 18th Edition of The Best Lawyers in America. His legal recognition was for the practice areas of Medical Malpractice Law – Plaintiffs, Personal Injury Litigation, and Personal Injury...