Virginia Injury Attorney Blog

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 Gloucester High School. But his insurer refused to make any settlement offer whatsoever in Gagnon and instead forced the brain injury victim’s lawsuit to jury trial on its substantial merits.

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 also awarded Gregory Gagnon interest dating back to the fight, which could increase the award by $1 million.”

Also on August 28th, The Daily Press headlined “Former student awarded $5 million,” and subtitled “High school assistant principal, assailant and his sister will pay award to Gregory Gagnon”. Additionally on August 28th, Channel 13 in its evening news covered the brain injury trial of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia.

As to his liability, Assistant Principal Burns could not overcome 5 witnesses’ consistent testimony that he previously had admitted he “screwed up,” “made a big mistake,” and “dropped the ball”; and his own testimony that he “lost” his note about being forewarned, that he “threw out” his personal calendar, and that he created and repeatedly revised an internet document he ascribed to the Plaintiff. Regarding damages in Gagnon, Assistant Principal Burns abruptly withdrew as witnesses all 6 of his retained medical experts on the day that they were to testify, effectively conceding that the Plaintiff’s 10 medical experts and half-dozen or more fact witnesses were correct about his brain injury and other traumatic injuries.

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 in the “no offer” case is Gagnon v. Burns, No. CL08-572.

The jury award in Gagnon was for 1,250,000.00 against Travis Burns, Assistant Principal at Gloucester High School; $3,250,000.00 against James S. Newsome, Jr., the attacking GHS student; and $500,000.00 against Christine D. Newsome, an instigating GHS student who is the assailant’s older sister. The jury award also included $1,100,000.00 in pre-judgment interest for the brain injury Plaintiff.

Another student, Shannon Diaz, had warned Assistant Principal Burns of the impending altercation; and the Assistant Principal assured he would notify security, but then did absolutely nothing. Two hours later, after being egged on by his sister, the assailant in Gagnon sucker-punched the victim, who thereby was staggered into a brick pillar, hit his head, and suffered permanent brain injury and other traumatic damages.

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 the same on dailypress.com on August 25, 2010.

But the limited defense witnesses’ testimony covered by the newspaper was inconsistent internally, with one another, and with other witnesses and even the Defendants themselves. The most significant development in Gagnon actually occurred at the beginning of that day and was not covered: in a stunning turn of events, the defense abruptly withdrew all of its medical experts, thereby effectively conceding that the Plaintiff suffered permanent brain injury and multiple other deteriorating traumatic conditions.

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 by Gloucester High School’s insurer.

During jury selection, the Court appropriately permitted Plaintiff’s lawyer, Mr. Waterman, to ask whether prospective jurors would believe an assistant principal over a student because of his status. Mr. Waterman also appropriately was allowed to ask prospective jurors in the Gagnon brain injury case whether they likewise would believe a doctor over the patient based on his status.

By the end of the trial’s first day, a fine jury comprised by 2 men and 7 women was impaneled by the parties and their lawyers. But 2 of those jurors in Gagnon were alternates, who ultimately would not decide the brain injury victim’s fate.

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 row that Mr. Waterman has been chosen by rigorous survey comprising more than 3,100,000 confidential evaluations by the nation’s top lawyers.