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Va. Code Ann §17.1-600, et. seq. provides for recovery of “costs” in litigation. §17.1-601 states the general rule that a prevailing party given a final judgment shall recover costs. §17.1-626 leaves the taxing of most costs to Court discretion....

In addition to the common law of Virginia dictating joint and several liability for the whole amount for all joint tortfeasors, the Code of Virginia dictates the same thing. Va. Code Ann. §8.01-443. A jury has no authority to dictate separate versus joint and several liability...

Virginia cases of joint and several liability for damages in tort are legion. Virginia’s damages rule of law is hornbook: In the law of damages the proximate cause of an injury may in general be stated to be that act or omission which immediately causes or...

On September 13, 2010, Virginia Lawyers Weekly headlined Mr. Waterman’s recent brain injury verdict on its front page “Lunchroom punch nets $5M award in Gloucester”. It subtitled: “One punch in the Gloucester High School cafeteria has resulted in a $5 million jury verdict against a student, his sister and an assistant...

On September 14, 2010, Circuit Court for the City of Suffolk, Virginia approved a wrongful death settlement. The case is Burr v. R.C. Paving, No. CL08-947 C/W CL08-955. The Court in Burr, which arose out of a motor vehicle accident, also apportioned the settlement proceeds among the statutory beneficiaries. By...

On September 2, 2010, the Gloucester-Mathews Gazette-Journal headlined “GHS administrator, 2 others found liable for student injuries; jury awards $5M”. Trial in the brain injury case of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia, is the subject. The G-M G-J article recounts how Assistant Principal Burns admitted he...

On September 7, 2010, Mr. Waterman and his co-counsel settled a medical malpractice case of brachial plexus injury caused during shoulder-dystocia delivery for $987,500.00. It is understood to be the largest settlement payment of its kind in Virginia ever....

On September 1, 2010, the Virginia Trial Lawyers Association posted “Kid Injured in School Fight Awarded $5Mil” under “LAWS/CASES” of VTLA Eclips. This listserve covered Gagnon v. Burns, the Virginia brain injury trial in Gloucester Circuit Court, No. CL08-572. Also on September 1st, the Gloucester-Mathews Gazette-Journal posted “GHS administrator, 2 others...

On August 29, 2010, PilotOnline.com and HamptonRoads.com headlined “Gloucester student wins $5M for lunchroom-fight injuries.” The post covers the brain injury verdict on Friday in Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. Defendant, Assistant Principal Travis Burns, enjoys $6,000,000.00 of liability insurance coverage through...

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...

On August 27, 2010, dailypress.com posted “Jury awards former Gloucester student $5 million” and “Assistant high school principal, assailant and his sister to pay award”. A jury in Circuit Court for Gloucester County, Virginia, awarded $6,100,000.00 to a brain injury victim after deliberating only 2 ½ hours...

On August 26, 2010, The Daily Press covered the brain injury trial for $9,350,000.00 in Gagnon v. Burns, No. CL08-572 in Gloucester Circuit Court, Virginia. It headlined: “Witnesses: Assailant insulted in school fight,” and subtitled “Friends say prior to throwing a punch, assailant started to walk away from fight”; after having posted...

On August 16, 2010, dailypress.com headlined “Former Gloucester student’s civil trial under way,” and subtitled “Jury selection included arguments over attorney’s question.” The coverage is for the $9,350,000.00 brain injury lawsuit of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia; which is being defended...

In August, 2010, Avery T. “Sandy” Waterman, Jr., Esq., was selected by his legal peers for inclusion in the 2011 Edition of “The Best Lawyers in America” in 2 practice areas: Medical Malpractice Law and Personal Injury Litigation. This legal recognition marks the 5th year in a...

On July 15, 2010, the brain injury case of Gagnon v. Burns, No. CL08-572, was heard in Circuit Court for Gloucester County, Virginia, on various pre-trial Motions. In Gagnon, the Plaintiff student was injured seriously when he was attacked by another student at Gloucester High School, despite yet another...

On June 23, 2010, The Daily Press headlined “Gloucester schools trial set for August” and subtitled “Former student seeking millions after fight left him injured”. The article covered hearing on June 23, 2010, for the brain injury case of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. At prior...

On June 15, 2010, Sentara Williamsburg Community Hospital finally provided the Plaintiff patient its 12-page computer database printout by Risk Management. Sentara produced that patient record the week before Patient’s Motion to Enforce Va. Code Ann. §8.01-413(C) Subpoena was scheduled to be heard in the medical...

On June 10, 2010, multiple discovery issues were heard in the brain injury suit of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. The Court first granted Plaintiffs’ Motion for Reconsideration and vacated its prior ruling that incorrectly had deemed certain Requests for Admission...

On May 26, 2010, Mr. Waterman filed the medical malpractice suit of Myron M. Arshan, Executor of the Estate of Sharon Lorrie Britt, Deceased v. Stephen E. Plotnick, M.D., et al., No. CL10000619-00 in Circuit Court for the City of Williamsburg and James City County, Virginia. On May...

On May 26, 2010, a Consent Order was entered in the special case of Parker v. Parker, No.CL09-1403 in the Circuit Court for the City of Williamsburg and James City County, Virginia. Prior to hearing on the merits, the defense capitulated to Mr. Waterman’s Plaintiff client, consenting to...

On May 4, 2010, Mr. Waterman settled another vehicle accident claim. He was able to do so without filing suit. A resident living in Newport News was involved in a vehicle accident occurring in Loundon County. Modern communications make it easy for a Mr. Waterman to handle distant cases. If you...

On April 26, 2010, Mr. Waterman prevailed on Motion to Correct Award Calculation and for Additional Attorney’s Fees at telephone hearing in the special case of Gary W. Routson v. Helen E. Routson, No. CL09-2620 in York County and Poquoson Circuit Court. His client was awarded an additional...

On April 13, 2010, after a two-day trial, Mr. Waterman prevailed in the special case of Gary W. Routson v. Helen E. Routson, No. CL09-2620 in Circuit Court for York County, Virginia. His client was refunded almost $85,000.00 in payments made under protest, awarded over $20,000.00 in attorneys...

On April 8, 2010, Mr. Waterman negotiated a pair of settlements in companion vehicle accident cases in Circuit Court for Mathews County, Virginia. They are Suzanne Sopko v. Phyllis Lewis and Patrick Sopko v. Phyllis Lewis, Nos. CL10-02 and CL10-01. The underlying vehicle accident in Sopko occurred in 2007. The suits initially filed for their...

Last week, Mr. Waterman obtained a six-figure settlement for a local vehicle accident victim. The case is Garrity v. Jones, No. 1341 in Circuit Court for York/Poquoson, Virginia. The underlying collision in Garrity occurred in Yorktown, Virginia. The vehicle accident victim underwent physical therapy and orthopaedic surgery....

The consolidated cases in Routson v. Routson involve approximately $200,000.00 in disputed tax-free disability payments, plus roughly $25,000.00 in attorneys fees, costs and expenses. These special cases being decided on cohabitation are Nos. CL09-2283 and CL09-2620 in Circuit Court for York County and Poquoson, Virginia. “Only if and until a...

On March 4, 2010, Plaintiff’s three pending Motions were granted at hearing in Marshall v. Moniz, No. CL08-2018 in Circuit Court for York/Poquoson, Virginia. The plaintiff patient alleges medical malpractice and more than $1,000,000.00 in medical bills for which he seeks damages of $12,000,000.00. First, the judge granted Plaintiff’s...

The companion cases in Routson v. Routson, Nos. CL09-2283 and CL09-2620 in Circuit Court for York County and Poquoson, Virginia, are consolidated for trial. At issue in these special cases are roughly $200,000.00 in tax-free disability payments, the entitlement to which turns on cohabitation. Va. Code Ann. §20-109(A) requires proof...

On February 19, 2010, Plaintiff’s Motion for Entry of Order was filed in the medical malpractice case of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County, Virginia. The presiding Judge had requested Plaintiff as prevailing party on three issues on February 9, 2010, to draft...

Garrity v. Jones is a motor vehicle accident lawsuit pending in Circuit Court for York County, Virginia, No. 1341. Significant issues surround the adequacy of pre-trial expert disclosures by the defense. In her First Motion in Limine, Plaintiff seeks to exclude the defense retained expert from referring to any Cincinnati...