Posted On: October 13, 2010 by Avery T. "Sandy" Waterman, Jr., Esq.

Virginia: Brain Injury – a Lawyer’s Upholding

On October 13, 2010, the Daily Press headlined “Judge upholds verdict” and subtitled “Defendants are liable for $5 million in damages to student”. It covers Mr. Waterman’s jury award in the brain injury trial of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia.

The Daily Press article recounted how at hearing in Gagnon on October 4, 2010, the Judge: (1) denied Defendant Burns’ post-trial motions; (2) upheld the jury awards of $1,250,000.00 against Assistant Principal Burns, $3,250,000.00 against James S. Newsome, Jr., and $500,000.00 against Christine D. Newsome, with more than $1,100,000.00 in pre-judgment interest on those principal amounts collectively; (3) awarded an additional $4,857.90 in Court costs against all Defendants jointly; and (4) ruled that to appeal Defendant Burns must post a bond of $1,700,000.00 and James Newsome must post a bond of $4,000,000.00. The Gloucester County School Board has met in closed session, presumably at least in part about how to proceed in this brain injury case.