25 Apr Virginia: Brain Injury – a Lawyer’s Petition
On April 25, 2011, Mr. Waterman filed a Petition for Appeal with the Virginia Supreme Court. It arises out of the brain injury case in Circuit Court for Gloucester County, Virginia, Gregory Joseph Gagnon v. Travis Burns, et al., CL08-572.
In Gagnon, the jury awarded the brain injury victim $3,250,000.00 against the assailant, another $500,000.00 against the fellow student who encouraged the assailant, and another $1,250,000.00 against the Assistant Principal who failed to notify school security after bring warned beforehand and assuring he would do so; plus more than $1,000,000.00 in pre-judgment interest. However, the trial court ruled that the jury awards were separate and only could be collected against each Defendant.
The Petition for Appeal in Gagnon seeks the Virginia Supreme Court to find Defendants jointly and severally liable, i.e., to hold that the jury awards can be collected against all Defendants. Assistant Principal Travis Burns enjoys $6,000,000.00 insurance coverage for the brain injury, while the other Defendants have no insurance coverage or known assets.