A front-page article in the Waynesboro, Virginia ” The News Virginian” newspaper discusses a major case involving a traumatic brain injury to a child and includes an interview with the child’s counsel, Aubrey Ford of Cantor Arkema, P.C. Ethan Holley, now three years old, suffered a brain injury in utero while his mother served as a Waynesboro police officer resulting from the negligence of another officer during the performance of police duties.
Ethan’s mother was knocked to the ground and pinned to the pavement by the passenger door when the police vehicle in which she was riding began to slip and slide on ice on an inclined driveway. Ethan suffered severe brain injuries as a result of the crush injury to his skull occurring in the fall. He is now three years old, but is severally developmentally delayed and is treated regularly for a seizure disorder. He will be suffering from these injuries for the rest of his life.
The author of the article wrote :
“There’s no question that he’s now dealing with some developmental delays,” said attorney Aubrey Ford, also citing seizures as one of the toddler’s symptoms. “He’s not at the level he should be at 3 years old.”
Mr. Ford prevailed in recent arguments before the Circuit Court to allow the case to proceed against the police officer operating the vehicle. The officer and the City fought hard to apply the defense of sovereign immunity which prevents governments and their employees from being sued when they are engaged in certain governmental activities. The case will now proceed to trial in February 2008.
The article may be viewed at :
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