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On February 9, 2010, the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for the County of York and the Town of Poquoson, Virginia, was heard on the Defendants’ three dilatory pleadings. Plaintiff seeks $12,000,000.00 in compesatory damages, alleging that various surgery-related acts and/or...

Marshall v. Moniz, No. CL08-2018 in York Circuit Court is a medical malpractice action. Defendants have moved to transfer venue to Williamsburg, Virginia. Va. Code Ann. §8.01-261 provide “Category A or preferred venue”. There is no preferred venue in the Marshall medical malpractice lawsuit . Va. Code Ann. §8.01-262(3&4) provide “Category B permissible venue,” wherein...

Marshall v. Moniz is a medical malpractice lawsuit pending in Circuit Court for York County, Virginia. Defendants have filed a Demurrer to strike Plaintiff’s “catch-all” allegation of negligence: “Such other tortious acts and omissions as may be investigated, discovered and proved”. Yet, it is hornbook law that Virginia is...

The medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in York Circuit Court, initially was filed in Williamsburg/James City County and non-suited after the refilling in York County, Virginia. Defendants have filed a Special Plea and Demurrer for dismissal with prejudice based on that litigation history. The Supreme...

This week attorney Avery T. “Sandy” Waterman, Jr., Esq. of Williamsburg/Newport News, Virginia, settled another out-of-state vehicle accident case. He negotiated the personal injury claim of a Peninsula resident involved in a Maryland collision. It was the companion claim of a mother whose daughter was victim of...

On January 14, 2010, the brain injury case of Gagnon v. Burns was reconsidered in Circuit Court for Gloucester County, Virginia. Sovereign immunity still was denied the Defendant Assistant Principal. The Judge reaffirmed his findings that the testimony of Shannon Diaz and other witnesses of Plaintiffs was more persuasive than...

On December 16, 2009, Defendant in the brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester, Virginia, lost the issue of sovereign immunity on its Plea in Bar. The trial judge ruled his findings of “ministerial act” and “simple negligence” were preemptive, not subject to relitgation...

In the Virginia brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester Circuit Court, the defendant assistant principal alternatively claims sovereign immunity by statute, Va. Code Ann. §8.01-220.1:2(A). Defendant argues that “teachers” in that statute actually means “principals” and “assistant principals” too. It is hornbook law that statutes...

In the brain injury case of Gagnon v. Burns, No. CL08-572 in Gloucester, Virginia, plaintiffs introduced as evidence at trail on sovereign immunity the de bene esse deposition of a key witness taken in the initial proceeding that was non-suited. Defendant Burns objected, referring generally to Va. Sup. Ct. Rule 7. But Rule...

n Gagnon v. Burns, No. 049352 in Gloucester Circuit Court, the brain injury victim alleges gross negligence as an exception to the sovereign immunity claimed by the defendant Assistant Principal. Plaintiffs allege that his failure to exercise any prudence, diligence or care for the safety of the student...

In the brain injury case of Gagnon v. Burns, No. CL07-557-00 in Gloucester, Virginia, plaintiffs argue that defendant’s conduct in destroying evidence and approaching witnesses should be considered some evidence of gross negligence. The Virginia Supreme Court has declared that “a party’s conduct, ‘so far as it indicates...

On December 18, 2009, The Daily Press again marqueed Hampton Roads attorney, Avery T. “Sandy” Waterman, Jr., Esq., under a headline entitled, “Judge says assistant principal negligent.” Mr. Waterman prevailed in a brain injury case in Gloucester Circuit Court, Gagnon v. Burns, No. CL08-572. The article reports the witnesses’ testimony and judge’s ruling...

On December 16, 2009, Gloucester Circuit Court heard the Demurrer and the Plea in Bar of Virginia sovereign immunity in the brain injury case of Gagnon v. Burns, No. CL08-572. At 9:15 p.m., after a 12-hour trial, Judge Long ruled in favor of Plaintiffs, who are represented by Avery...

On November 17, 2009, Avery T. “Sandy” Waterman, Jr., Esq. filed a wrongful death suit in Richmond Circuit Court. Defendants are a Trooper and the Superintendant of the Virginia State Police. The alleged wrongful death occurred when at least one Trooper fatally shot multiple times at close range a motorist...

On December 10, 2009, the Chief Judge of Hampton Circuit Court entered Contempt Order against Ricky E. Carr after supplemental hearing for reconsideration at his request. In the special case of Carr v. Carr, No. 05-378, Mr. Carr was ordered to pay in full arrearages of $40,318.85 by...

On December 9, 2009, Mr. Waterman obtained confidential settlement of a sexual abuse case. It resolved the Federal civil lawsuit of Zaruba v. Brooks, No. 4:09cv86 in the Newport News Division of United States District Court for the Eastern District of Virginia. The sexual abuse victim in Zaruba sued for being molested as...

On November 24, 2009, Avery T. “Sandy” Waterman, Jr., Esq. settled a Virginia wrongful death suit arising out of a vehicular accident. The compromise was reached through mediation in Suffolk Circuit Court. The wrongful death case is Burr v. R.C. Paving, No. CL08-947. Plaintiff’s deceased was a guest in an uninspected...

Williamsburg and Newport News personal injury lawyer, Avery T. “Sandy” Waterman, Jr., Esq., just settled a motor vehicle accident case involving a $100,000.00 liability insurance policy. The two car accident occurred in Hampton, Virginia, where a lawsuit currently is pending against the offending driver....

On October 13, 2009, Gloucester Circuit Court ruled Plaintiffs were entitled to have their expert review first-hand the Defendant’s disputed computer documents and history of creation, modification, etc. The case is Gagnon v. Burns, involving a brain injury victim. The Court also imposed deadlines in this brain injury case for document...

On September, 30, 2009, Avery T. “Sandy” Waterman, Jr., Esq. obtained an Amended Judgment for $500,000.00 in a §1983 civil rights suit for wrongful death. It was entered pursuant to Fed. R. Civ. P. 52(b) in Webb v. Stevens, no. 5:05-CV-33-BO(1) of the United States District for the Eastern District of...

By letter dated October 9, 2009, Rev. Ricky E. Carr sought Hampton Circuit Court to reconsider the contempt finding and sanctions against him. The Chief Judge ruled against Rev. Carr on October 8, 2009, in the special case of Carr v. Carr, No. 05-378. Rev. Carr has not accepted...

On October 8, 2009, Hampton Circuit Court found Rev. Ricky E. Carr in contempt of court for chronic failure to pay court-ordered spousal support and attorney’s fees. The special case is Carr v. Carr, No. 05-378. Rev. Carr was granted leave to purge himself of his contempt by being...

On September, 23, 2009, Avery T. “Sandy” Waterman, Jr., Esq. again prevailed on a Motion to Compel in Circuit Court for York County in Routson v. Routson, No. CL09-002283-0. In that special case, the Court ruled St. Luke’s United Methodist Church was required to produce all attendance...

On September 22, 2009, Avery T. "Sandy" Waterman, Jr., Esq. again prevailed before the Virginia Court of Appeals, as it denied the Petition for Rehearing En Banc of Reverend Carr. That renders the decisions adverse to him in this special case of the appellate court and the trial court...

On September 16, 2009, Newport News Circuit Court denied a Motion to Dismiss in a medical malpractice case of first impression, Andleton v. Connolly, No. 31197. It construed Va. Code Ann. §8.01-335(B). Section 8.01-335(B) permits reinstatement of a plaintiff’s case within one year of its dismissal under that statute for three-plus...

On September 3, 2009, Avery T. “Sandy” Waterman, Jr., Esq., prevailed on pending Motions in Circuit Court for York County. The lead special case is Gary W. Routson v. Helen E. Routson, No. CL09-002283-00, and its companion case is Helen E. Routson v. Gary W. Routson, No. CL09-002620-00. The Court...

On August 28, 2009, Reverend Carr as pro se Appellant petitioned the Virginia Court of Appeals for hearing en banc. He seeks reversal of the appellate court’s per curiam affirmance of the ruling of the Hampton Circuit Court against him in this special cases. Petitioner to hear en banc are granted sparingly. His Petition...

On August 18, 2009, the Virginia Court of Appeals of Virginia affirmed a special case taken by Avery T. “Sandy” Waterman, Jr., Esq. The opinion is Carr v. Carr, No. 0096-09-1, arising out of Hampton Circuit Court. In Carr, an adulterous pastor unsuccessfully sought modification of the spousal support and attorney...