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On November 8, 2010, The Daily Press and dailypress.com headlined “Woman’s death sparks lawsuit against Gloucester surgeon”. That media coverage is of Mr. Waterman’s $4,350,000.00 wrongful death suit Martha Sue Norville, Executor of the Estate of Ethelone M. Chamber, Deceased v. Melvin Wayne Ressler, M.D.,...

Virginia law protects successful wrongful death, brain injury, and other personal injury litigants by requiring defendants to file “an appeal bond or irrevocable letter or credit in the penalty of $500, or such sum as the trial court may require”. Va. Code. Ann. §8.01-676.1 (emphasis...

Va. Code Ann. 46.2-1156.1 promotes the safety of certain children in vehicle accidents involving pickup trucks. It forbids the transportation of minors under 16 years of age in the rear cargo area of any pickup truck on a Virginia highway. However, some organized parades and...

Bicyclists frequently are victims of vehicle accidents, so should wear bicycle helmets to minimize wrongful death and brain injuries. Although Virginia does not have a statewide law, the following Hampton Roads and other localities have ordinances mandating bike helmets based on age: Albemarle County, City...

Halloween! It is a time for fun, particularly for young children. It also is a time for safety, particularly with young children. Parental vigilance assures that young trick-o-treaters do not become crime victims. Older children playing serious pranks, unsavory residents giving tampered snacks, and other unexpected...

On October 29, 2010, Mr. Waterman escorts his youngest daughter, Elizabeth T. Waterman, to the black-tie Gala Reception and Banquet of The John Marshall Foundation in Richmond, Virginia. There its 3rd John Marshall Medal in Law is awarded to the Honorable Harry I. Carrico, former...

Virginia’s Child Restraints law, Va. Code Ann. 46.2-1095(A), protects children under 8 years old in vehicle accidents. It requires all drivers to ensure that children 7 years of age or younger be provided with and properly secured in a child restraint device – a so-called...

Destruction or other loss of crucial evidence by a wrongdoer is not uncommon, particularly in record-laden cases of medical malpractice. At trial in August, 2010, for example, the Defendant Assistant Principal admitted that he had destroyed his pertinent calendar entries and had lost his hand-written...

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...