The Docket: Court Roundup for 11.16.10

City of Richmond

Gail Saroff v. Bravo Brio Restaurant Group Inc., trading as Brio Tuscan Grille and Chef Creations, Inc.
Plaintiff alleges she bit into a hard rock or stone in her minestrone, prepared by Chef Creations and served by Brio Tuscan Grille in Stony Point Shopping Center on April 2, 2009.  She is seeking a $250,000 judgment.
Law firm:  BrickerAnderson
Filed:  11/8/2010  CL10004716

Radelle Vaughan v. Space Properties, LLC and Drucker & Falk LLC
The plaintiff is seeking a $350,000 judgment from an unspecified injury [private] that resulted in ‘serious and permanent damages” that occurred at the defendants’ Bellevue Garden Apartments property, 3816 Chamberlayne Avenue, on February 12 of this year.
Law firm: Emroch & Kilduff
Filed:  11/8/2010  CL10004717

Cheryl Clarke v. Wal-Mart Stores East, Inc.
Plaintiff slipped and fell from a water spill in the produce department of the 2501 Sheila Lane store on June 6 and is seeking a judgment of $50,000.
Law firm:  Hutchens & Hutchens
Filed:  11/8/2010 CL10004727

Francis J. Merkel v. Schindler Elevator Corporation
The plaintiff was riding in the low-rise elevator of the Dominion Power Building at the James Center on Feb. 24, 2009, when the elevator dropped one and half floors, throwing the plaintiff to the ground and injuring him.  Plaintiff is seeking a $60,000 judgment.
Law firm:  Allen Allen Allen & Allen
Filed:  11/8/2010  CL10004730

Glave & Holmes Architecture, P.C. v. Kluge Estate Winery & Vineyard L.L.C.
This is a confession of judgment in the amount of $70,060 and interest from the defendant’s default on a promissory note.
Law firm: VandeventerBlack
Filed:  11/8/2010  CL10004731

Mirna Galdamez v. Wal-Mart Stores, Inc. and Joe Mansell
Plaintiff slipped and fell backward on soggy mats at the 900 Walmart Way store in Midlothian on Nov. 13, 2009 and is seeking damages of $74,999.
Law firm:  Powell & Parrish
Filed:  11/9/2010  CL10004742

Joseph Woods v. RSC Equipment Rental, Inc. and Bojangles’ International and LAT Land Company, LLC and Mountain Food Services, LLC and Gehl Company
Plaintiff was installing a driveway for the Bojangles under construction in Rustburg in November 2008 when a 30-foot light pole toppled, knocking the forklift over and injuring the plaintiff.  The plaintiff is seeking $20,000,000.
Law firm:  Gentry Locke Rakes & Moore
Filed:  11/9/2010  CL10004745

Wallicia Baskerville v. Wal-Mart Stores East, L.P. and Wal-Mart Stores East, Inc. and Wal-Mart Stores, Inc.
Plaintiff slipped and fell at the South Hill store on January 8 and is seeking $80,000.
Law firm:  Geoffrey R. McDonald & Associates
Filed:  11/9/2010  CL10004747

Margaret Q. Fiala v. CSX Transportation Inc.
Plaintiff worked for the defendant for 30 years and is seeking $1 million in damages as a result of repetitive stress injuries due to work conditions.
Law firm:  Shapiro, Cooper, Lewis & Appleton
Filed:  11/10/2010  CL10004754

JAG Real Estate Investments, LLC and George Friend, individually v. Changing Minds Community Services and Brenda Lee, individually
Plaintiff is seeking the $36,000 in principal, deferred finance charges and accrued interest from a promissory note from April 9, 2010.
Law firm:  Harrell & Chambliss
Filed:  11/10/2010  CL10004763

Walker Title & Escrow Co., Inc. v.  HGLC Associates, L.L.L.P. and Commonwealth of Virginia Department of Transportation
This is a petition for an interpleader. The plaintiff holds funds in escrow for the defendants.  On February 1, VDOT sent a written request to disburse funds which HGLC Associates objected to.  The plaintiff is asking to pay the court the funds and be released from the dispute and is requesting attorney fees.
Law firm:  Odin Feldman Pittleman
Filed:  11/12/2010  CL10004777

Sabrina Hicks v. Food Lion, LLC and John Doe
Plaintiff slipped and fell at the 3089 Mechanicsville store on Sept. 7, 2007, and is seeking damages of $850,000.
Law firm:  Cannella & O’Neal
Filed:  11/12/2010  CL10004781

Belcorp of America, Inc. v. Commonwealth of Virginia, ex. rel., Kenneth Cucinelli, II, Attorney General
Plaintiff is seeking recertification on the Attorney General’s Web site for tobacco product manufacturers.  The plaintiff is seeking $500,000 from being unreasonably excluded from the directory.
Law firm:  Canfield-Baer
Filed:  11/12/2010  CL10004782

County of Chesterfield

Bethlehem Lutheran Foundation, Inc. v. Richard G. Lawrence II and Kimberly Elaine Lawrence
Plaintiff is seeking the outstanding balance of $19,665.75 for the education of the defendants’ children.
Law firm:  Ballato Law Firm
Filed:  11/10/2010  CL10003068

Melinda R. Staples, Executrix of The Estate of Paul B. Staples, Deceased v. General Electric Company and GE Healthcare, Inc. and GE Healthcare Bio-Sciences Corp. and Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., et. al.
This a settlement of a claim for injuries sustained by Paul B. Staples following complications from an MRI administered in December 2005.  Mr. Staples developed nephrogenic systemic fibrosis and died March 2008.  Without admitting guilt, the defendant entered into a settlement for $1,000,000 for his wife and children.
Law firm:  Marks & Harrison
Filed:  11/12/2010  CL10003082

County of Henrico

Alan Douglas v. BIA Digital Partners, L.P., Lloyd R. Sams, Charles A. Wiebe, Scott E. Chappell, Francis Finn, William A. Murrill, C.P.A
Plaintiff is seeking $1.75 million from the defendants from a variety of charges, including fraud.
Law firm:  Marchant, Thorsen, Honey, Baldwin & Meyer
Filed:  10/26/2010  CL10003111

Alan Douglas v. TD Bank, National Association
The plaintiff is seeking $1.75 million from lender involved in the sale of his business loan.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed:  10/26/2010  CL10003170

Union First Market Bank v. Eric L. Walker and Kimberly Y. Walker
Plaintiff is attempting to recover the balance of a February 2008 promissory note and is seeking a judgment of $96,253.68.
Law firm:  Kepley Broscious & Biggs
Filed:  10/26/2010  CL10003171

Paul Darnell Bradsher, Personal Representative of Carl Russell Bradsher, Deceased v. Peak Property and Casualty Insurance Corporation and Joe Doe
The plaintiff is seeking approval of a compromise claim for death by wrongful act by the defendant and a settlement of $25,000.
Law firm:  Meyer, Goergen & Marrs
Filed:  11/8/2010  CL10003249

Nichelle Mitchem v. John Does 1-10
The plaintiff, a Georgia resident, is suing anonymous Internet posters for $300,000.
Law firm:  Domingo Rivera
Filed:  11/12/2010  CL10003298

U.S. District Court Eastern Division
Carrie Monroe v. The Virginia Department of Alcoholic Beverage Control
Plaintiff seeks damages for unlawful termination under the Pregnancy Discrimination Act and the Americans with Disability Act.
Law firm: Butler Williams & Skilling
Filed: 11/8/10

Brandy M. Sasser v. Family Dollar Stores, Inc. and Family Dollar Stores of Virginia, Inc.
Plaintiff seeks unpaid overtime wages under the Fair Labor Standards Act.
Law firm: Marks & Harrison
Filed: 11/10/10

Victor Cherry and James Johnson v. Wellpoint, Inc dba Anthem Health Plans of Virginia, Inc and/or Anthem Blue Cross and Blue Shield.
Plaintiffs seek back pay and or reinstatement under the Age Discrimination in Employment Act. Plaintiffs allege that after Wellpoint took over Anthem it proceed to implement a series of forced separations and discharges that favored younger employees and targeted older employees, particular those who had histories of medical conditions or had exercised rights to leave benefits for medical care or care of family members.
Filed: 11/8/10
Law firm:  Butler Williams & Skilling

M. Shanken Communications, Inc. and Trustees for the Wine Spectator Scholarship Foundation vs. Variant Events, LLC and Alex Papajohn.
Plaintiff is a Delaware corporation with offices in New York and is the publisher of Wine Spectator magazine, and claims ownership of trademarks for the New York Wine Experience, the California Wine Experience and the New World Wine Experience.  According to the suit, the defendant, a Richmond-based wine event management company, infringed upon the “Wine Experience” trademarks by promoting events titled the National Wine Experience and the Monticello Wine Experience.
Law firm: McCarter & English
Filed: 6/17/10 in U.S. District Court Southern District of New York. Transferred to Eastern District of Virginia in November 2010.

G3 Systems, Inc. v. Graphics 3, Inc.
Plaintiff is a Virginia corporation based in Blacksburg, with an office in Richmond. Since 1993 the company has been engaged in multimedia development, and has operated under a variety of trademarks including G3. Graphics 3 of Richmond is also engaged in multimedia production and according to the suit has adopted the G3 mark and name without permission causing public confusion and damage to G3 Systems.
Law firm: Troutman Sanders
Filed: 10/20/10

H. Craig Fabian v. Ale House Holdings, LLC and Ale House of Fredericksburg, LLC and Ale House of Innsbrook, LLC.
Plaintiff seeks declaratory and injunctive against the defendant under the Americans with Disabilities Act. Plaintiff is a quadriplegic who asserts that the three Capital Ale House restaurants  failed to meet requirements of the ADA act.
Law firm: Maxwell & Barke
Filed: 11/5/2010

H. Craig Fabian v. Happy Owl of Richmond, LLC.
Plaintiff seeks declaratory and injunctive against the defendant under the Americans with Disabilities Act. Plaintiff is a quadriplegic who asserts that Happy Owl of Richmond, which owns and operates the Hooters Restaurant at 7912 W. Broad St., failed to meet requirements of the ADA act.
Law firm: Maxwell & Barke
Filed: 11/5/2010

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City of Richmond

Gail Saroff v. Bravo Brio Restaurant Group Inc., trading as Brio Tuscan Grille and Chef Creations, Inc.
Plaintiff alleges she bit into a hard rock or stone in her minestrone, prepared by Chef Creations and served by Brio Tuscan Grille in Stony Point Shopping Center on April 2, 2009.  She is seeking a $250,000 judgment.
Law firm:  BrickerAnderson
Filed:  11/8/2010  CL10004716

Radelle Vaughan v. Space Properties, LLC and Drucker & Falk LLC
The plaintiff is seeking a $350,000 judgment from an unspecified injury [private] that resulted in ‘serious and permanent damages” that occurred at the defendants’ Bellevue Garden Apartments property, 3816 Chamberlayne Avenue, on February 12 of this year.
Law firm: Emroch & Kilduff
Filed:  11/8/2010  CL10004717

Cheryl Clarke v. Wal-Mart Stores East, Inc.
Plaintiff slipped and fell from a water spill in the produce department of the 2501 Sheila Lane store on June 6 and is seeking a judgment of $50,000.
Law firm:  Hutchens & Hutchens
Filed:  11/8/2010 CL10004727

Francis J. Merkel v. Schindler Elevator Corporation
The plaintiff was riding in the low-rise elevator of the Dominion Power Building at the James Center on Feb. 24, 2009, when the elevator dropped one and half floors, throwing the plaintiff to the ground and injuring him.  Plaintiff is seeking a $60,000 judgment.
Law firm:  Allen Allen Allen & Allen
Filed:  11/8/2010  CL10004730

Glave & Holmes Architecture, P.C. v. Kluge Estate Winery & Vineyard L.L.C.
This is a confession of judgment in the amount of $70,060 and interest from the defendant’s default on a promissory note.
Law firm: VandeventerBlack
Filed:  11/8/2010  CL10004731

Mirna Galdamez v. Wal-Mart Stores, Inc. and Joe Mansell
Plaintiff slipped and fell backward on soggy mats at the 900 Walmart Way store in Midlothian on Nov. 13, 2009 and is seeking damages of $74,999.
Law firm:  Powell & Parrish
Filed:  11/9/2010  CL10004742

Joseph Woods v. RSC Equipment Rental, Inc. and Bojangles’ International and LAT Land Company, LLC and Mountain Food Services, LLC and Gehl Company
Plaintiff was installing a driveway for the Bojangles under construction in Rustburg in November 2008 when a 30-foot light pole toppled, knocking the forklift over and injuring the plaintiff.  The plaintiff is seeking $20,000,000.
Law firm:  Gentry Locke Rakes & Moore
Filed:  11/9/2010  CL10004745

Wallicia Baskerville v. Wal-Mart Stores East, L.P. and Wal-Mart Stores East, Inc. and Wal-Mart Stores, Inc.
Plaintiff slipped and fell at the South Hill store on January 8 and is seeking $80,000.
Law firm:  Geoffrey R. McDonald & Associates
Filed:  11/9/2010  CL10004747

Margaret Q. Fiala v. CSX Transportation Inc.
Plaintiff worked for the defendant for 30 years and is seeking $1 million in damages as a result of repetitive stress injuries due to work conditions.
Law firm:  Shapiro, Cooper, Lewis & Appleton
Filed:  11/10/2010  CL10004754

JAG Real Estate Investments, LLC and George Friend, individually v. Changing Minds Community Services and Brenda Lee, individually
Plaintiff is seeking the $36,000 in principal, deferred finance charges and accrued interest from a promissory note from April 9, 2010.
Law firm:  Harrell & Chambliss
Filed:  11/10/2010  CL10004763

Walker Title & Escrow Co., Inc. v.  HGLC Associates, L.L.L.P. and Commonwealth of Virginia Department of Transportation
This is a petition for an interpleader. The plaintiff holds funds in escrow for the defendants.  On February 1, VDOT sent a written request to disburse funds which HGLC Associates objected to.  The plaintiff is asking to pay the court the funds and be released from the dispute and is requesting attorney fees.
Law firm:  Odin Feldman Pittleman
Filed:  11/12/2010  CL10004777

Sabrina Hicks v. Food Lion, LLC and John Doe
Plaintiff slipped and fell at the 3089 Mechanicsville store on Sept. 7, 2007, and is seeking damages of $850,000.
Law firm:  Cannella & O’Neal
Filed:  11/12/2010  CL10004781

Belcorp of America, Inc. v. Commonwealth of Virginia, ex. rel., Kenneth Cucinelli, II, Attorney General
Plaintiff is seeking recertification on the Attorney General’s Web site for tobacco product manufacturers.  The plaintiff is seeking $500,000 from being unreasonably excluded from the directory.
Law firm:  Canfield-Baer
Filed:  11/12/2010  CL10004782

County of Chesterfield

Bethlehem Lutheran Foundation, Inc. v. Richard G. Lawrence II and Kimberly Elaine Lawrence
Plaintiff is seeking the outstanding balance of $19,665.75 for the education of the defendants’ children.
Law firm:  Ballato Law Firm
Filed:  11/10/2010  CL10003068

Melinda R. Staples, Executrix of The Estate of Paul B. Staples, Deceased v. General Electric Company and GE Healthcare, Inc. and GE Healthcare Bio-Sciences Corp. and Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., et. al.
This a settlement of a claim for injuries sustained by Paul B. Staples following complications from an MRI administered in December 2005.  Mr. Staples developed nephrogenic systemic fibrosis and died March 2008.  Without admitting guilt, the defendant entered into a settlement for $1,000,000 for his wife and children.
Law firm:  Marks & Harrison
Filed:  11/12/2010  CL10003082

County of Henrico

Alan Douglas v. BIA Digital Partners, L.P., Lloyd R. Sams, Charles A. Wiebe, Scott E. Chappell, Francis Finn, William A. Murrill, C.P.A
Plaintiff is seeking $1.75 million from the defendants from a variety of charges, including fraud.
Law firm:  Marchant, Thorsen, Honey, Baldwin & Meyer
Filed:  10/26/2010  CL10003111

Alan Douglas v. TD Bank, National Association
The plaintiff is seeking $1.75 million from lender involved in the sale of his business loan.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed:  10/26/2010  CL10003170

Union First Market Bank v. Eric L. Walker and Kimberly Y. Walker
Plaintiff is attempting to recover the balance of a February 2008 promissory note and is seeking a judgment of $96,253.68.
Law firm:  Kepley Broscious & Biggs
Filed:  10/26/2010  CL10003171

Paul Darnell Bradsher, Personal Representative of Carl Russell Bradsher, Deceased v. Peak Property and Casualty Insurance Corporation and Joe Doe
The plaintiff is seeking approval of a compromise claim for death by wrongful act by the defendant and a settlement of $25,000.
Law firm:  Meyer, Goergen & Marrs
Filed:  11/8/2010  CL10003249

Nichelle Mitchem v. John Does 1-10
The plaintiff, a Georgia resident, is suing anonymous Internet posters for $300,000.
Law firm:  Domingo Rivera
Filed:  11/12/2010  CL10003298

U.S. District Court Eastern Division
Carrie Monroe v. The Virginia Department of Alcoholic Beverage Control
Plaintiff seeks damages for unlawful termination under the Pregnancy Discrimination Act and the Americans with Disability Act.
Law firm: Butler Williams & Skilling
Filed: 11/8/10

Brandy M. Sasser v. Family Dollar Stores, Inc. and Family Dollar Stores of Virginia, Inc.
Plaintiff seeks unpaid overtime wages under the Fair Labor Standards Act.
Law firm: Marks & Harrison
Filed: 11/10/10

Victor Cherry and James Johnson v. Wellpoint, Inc dba Anthem Health Plans of Virginia, Inc and/or Anthem Blue Cross and Blue Shield.
Plaintiffs seek back pay and or reinstatement under the Age Discrimination in Employment Act. Plaintiffs allege that after Wellpoint took over Anthem it proceed to implement a series of forced separations and discharges that favored younger employees and targeted older employees, particular those who had histories of medical conditions or had exercised rights to leave benefits for medical care or care of family members.
Filed: 11/8/10
Law firm:  Butler Williams & Skilling

M. Shanken Communications, Inc. and Trustees for the Wine Spectator Scholarship Foundation vs. Variant Events, LLC and Alex Papajohn.
Plaintiff is a Delaware corporation with offices in New York and is the publisher of Wine Spectator magazine, and claims ownership of trademarks for the New York Wine Experience, the California Wine Experience and the New World Wine Experience.  According to the suit, the defendant, a Richmond-based wine event management company, infringed upon the “Wine Experience” trademarks by promoting events titled the National Wine Experience and the Monticello Wine Experience.
Law firm: McCarter & English
Filed: 6/17/10 in U.S. District Court Southern District of New York. Transferred to Eastern District of Virginia in November 2010.

G3 Systems, Inc. v. Graphics 3, Inc.
Plaintiff is a Virginia corporation based in Blacksburg, with an office in Richmond. Since 1993 the company has been engaged in multimedia development, and has operated under a variety of trademarks including G3. Graphics 3 of Richmond is also engaged in multimedia production and according to the suit has adopted the G3 mark and name without permission causing public confusion and damage to G3 Systems.
Law firm: Troutman Sanders
Filed: 10/20/10

H. Craig Fabian v. Ale House Holdings, LLC and Ale House of Fredericksburg, LLC and Ale House of Innsbrook, LLC.
Plaintiff seeks declaratory and injunctive against the defendant under the Americans with Disabilities Act. Plaintiff is a quadriplegic who asserts that the three Capital Ale House restaurants  failed to meet requirements of the ADA act.
Law firm: Maxwell & Barke
Filed: 11/5/2010

H. Craig Fabian v. Happy Owl of Richmond, LLC.
Plaintiff seeks declaratory and injunctive against the defendant under the Americans with Disabilities Act. Plaintiff is a quadriplegic who asserts that Happy Owl of Richmond, which owns and operates the Hooters Restaurant at 7912 W. Broad St., failed to meet requirements of the ADA act.
Law firm: Maxwell & Barke
Filed: 11/5/2010

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