Virginia Brain Injury – a Lawyer’s Post-Trial
On October 4, 2010, post-trial motions were heard in the brain injury suit of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia. Notably, the 7 issues raised by the Defendant Assistant Principal did not include any dispute about the amount of the $6,100,000.00+ jury verdict.
In Gagnon, the Judge summarily denied the Defendant Assistant Principal’s Motion for Reconsideration of Plea in Bar and Motion for Entry of Judgment in Favor of Defendant Burns Notwithstanding Verdict, upholding the jury verdict in favor of Plaintiff against all Defendants. After extended oral argument, the Judge also denied Plaintiff's Motion for Judgment of Joint and Several Liability against Joint Tortfeasor Defendants, holding that the jury award for the brain injury victim against each Defendant was separate.
Also after argument, the Judge in Gagnon granted in part and denied in part Plaintiff's Motion for Recovery of Costs, awarding $4,856.90 to the brain injury victim. Those awarded costs included a filing fee of $202.00, all trial subpoena service fees of $411.00, court reporter fees of $813.76 for de bene esse deposition of out-of-state witnesses, and (progressively) additional court reporter fees of $3,430.14 for trial appearance.
Additionally, the Gagnon Judge ordered that to appeal Assistant Principal William Robert Travis Burns and James S. Newsome, Jr. have to post bonds of $1,700,000.00 and $4,000,000.00, respectively. But the Judge declined to order an appeal bond for Christine D. Newsome, since she filed a Chapter 7 Petition for Bankruptcy in the Eastern District of Virginia on October 1, 2010, for discharge of her debt to the brain injury victim.
Details remain in the Gagnon brain injury case about bond requirements, order drafting, etc. So there will be another hearing on November 9, 2010.
