The Docket: Local court roundup for 7.24.14

Chesterfield Circuit Court

Brian Roberts v. Ronald Turek; RVA Hobbies LLC; Mark Hackett; Michael Dryden Brooks; Cawthorn, Deskevich & Gavin, P.C.; and Duane Deskevich
Plaintiff says he founded Full Mod, a business focused on radio controlled vehicles, in January 2012, and was approached in March by Turek, a former customer, about investing in the business. Turek invested $6,000, plaintiff says, becoming a silent partner, and both were guarantors on a lease of property at 11808 Hull Street Road. Plaintiff says at a July meeting with Brooks and Deskevich of the law firm, he expressed the intention to retain a 60% ownership interest in Full Mod, but that Brooks and Deskevich willfully, maliciously and intentionally misrepresented that the law required ownership interests in an LLC to be divided evenly. In August, he alleges, an agreement, which he never signed, attempted to allocate ownership interest as 49% for plaintiff and 51% for Turek. Plaintiff says Turek physically forced him from the store on or about Sept. 10, took possession of keys and Full Mod’s Facebook page, and then sold plaintiff’s ownership interest and inventory to Hackett, owner of RVA Hobbies, at below market value and without his knowledge or consent. Plaintiff says RVA Hobbies now operates in Full Mod’s location. Plaintiff alleges fraud, breach of contract, conspiracy, tortious interference and legal malpractice and seeks judgment in principal sum of $500,000.
Law firm: Dirk McClanahan of McClanahan Powers
Filed: 7/15/2014. CL14002255

Branch Banking and Trust Co. v. Warthan Associates Inc.; Bernard G. Warthan; and Nancy C. Warthan
Plaintiff says defendant is in default on a note and seeks judgment in principal sum of $147,499.14.
Law firm: Trevor B. Reid, Stephen E. Scarce and Meredith L. Yoder of Parker, Pollard, Wilton & Peaden
Filed: 7/21/2014. CL14002306

Michael R. Falcone v. Michael L. Meyer and Kingdom Advisors
Plaintiff says he contracted with Meyer, an attorney in Indiana, to create a legal tax savings mechanism through, in part, the creation of a Charitable Limited Liability Company and a Beneficiary Defective Irrevocable Trust. Plaintiff says Meyer indicated the CLLC and BDIT would allow him to avoid paying a large amount of state and federal taxes, and sent a check to Kingdom for $60,000. Plaintiff alleges Meyer created transactional documents and other materials that falsely and fraudulently described plaintiff’s motivations for entering into the tax shelter. After entering into the agreement but before funding the trust, plaintiff says, he inquired into the legality of what defendant sold him, realized he was given false information and terminated the agreement. Plaintiff says defendant has refused to refund any portion of the $60,000 and seeks damages of $180,000.
Law firm: Samuel J. Kaufman and Jeremiah M. Yourth of Owen & Owens
Filed: 7/21/2014. CL14002308 [private]

Watts Petroleum Corp. v. A.S. Petroleum Inc. d/b/a Cumberland Market; Anna Arias; and Faizal Surti
Plaintiff says it supplied petroleum products to ASP’s location at 1611 Anderson Highway and is owed a principal balance of $42,509.17.
Law firm: Joel W. Morgan of Brenner, Evans & Millman
Filed: 7/21/2014. CL14002314

Richmond Circuit Court

Faye Cox v. Sage Dining Services Inc.; Church Schools in the Diocese of Virginia d/b/a Christchurch School; and Andre Smith
Plaintiff alleges disability discrimination, failure to accommodate, age discrimination, violation of the Family and Medical Leave Act and retaliatory discharge in her termination after 26 years of employment as a dishwasher, and seeks back pay and damages of $200,000.
Law firm: Lisa K. Lawrence and Adam N. Harrison of Lawrence & Associates
Filed: 7/14/2014. CL14003050

Mary J. Williams v. William K. Fleming, M.D.; William K. Fleming, M.D., P.C. and/or any successor in interest entity; and Richmond Orthopedics, PC
Plaintiff alleges inappropriate components were used in a left total knee replacement; that the surgery was performed incorrectly; that defendant failed to recognize and respond appropriately to the severity of her post-surgical symptoms; and that because of these issues, she was forced to undergo a second replacement surgery. Plaintiff seeks judgment in principal sum of $2 million.
Pro se
Filed: 7/14/2014. CL14003056

SWA Construction Inc. v. Gammino Realty and Development LLC t/a City and Guilds; David M. Gammino; and James Fink
Plaintiff alleges fraud and breach of contract in the administration, supervision and performance of work on the Boulevard Lofts Project and seeks judgment of $1.645 million and punitive damages of $350,000.
Law firm: James E. Moore of Christian & Barton
Filed: 7/18/2014. CL14003141

Pamela D. McCarthy v. Innsbrook Owners’ Association Inc. and Highlands Properties Inc.
Plaintiff says she was walking around Lake Feasty on the Innsbrook grounds when she stepped into a hole in a grassy area that was hidden from view and fell. Plaintiff seeks judgment in principal sum of $250,000.
Laws firm: Stephen W. Bricker and Christopher L. Anderson of BrickerAnderson
Filed: 7/21/2014. CL14003150

Frederick Fitzgerald and Nakisha Fitzgerald, administrators of the estate of Frederick Fitzgerald Jr., deceased v. The Shannon Townhomes a/k/a TMG-Azalea LLC and Marshall Dabney
Plaintiff says decedent, a minor and resident of the townhomes, entered the pool with friends the afternoon of June 15, 2013, and that Dabney was charged with monitoring the pool and keeping its visitors safe. Plaintiff says Dabney had advised another minor patron that decedent had left the pool, but that he had, in fact, drowned, and that fire and police were unable to find his body until the next day because of the murkiness of the pool. Plaintiff seeks $50 million in compensatory damages and $10 million in punitive damages.
Law firm: A. Donald McEachin, Curtis M. Hairston and William R. Sievers of McEachin & Gee.
Filed: 7/22/2014. CL14003158

Henrico Circuit Court

Deborah Blakey v. Kellermeyer Bergensons Services LLC
Plaintiff says she slipped and fell on water or some other liquid substance left by defendant when it cleaned the Marshall’s store at 7506 W. Broad St., where she worked. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Matthew Tsun and Craig Miller of Simeone & Miller
Filed: 7/3/2014. CL14001810

Union First Market Bank v. SDC Properties LLC; Kathe G. Henke; Richard A. Parisi; and Edmund W. Cornman
Plaintiff says defendant has defaulted on two notes and seeks judgment in principal sum of $744,972.71.
Law firm: Kimberly Ann Taylor of Kepley Broscious & Biggs
Filed: 7/8/2014. CL14001824

Union First Market Bank v. Health Consultants of Virginia Inc.; Richard A. Parisi; and Edmund W. Cornman
Plaintiff says defendant has defaulted on two notes and seeks judgment in principal sum of $104,104.28.
Law firm: Kimberly Ann Taylor of Kepley Broscious & Biggs
Filed: 7/8/2014. CL14001825

Performance Food Group Inc. v. Nevan & Associates Inc. and Richard S. Miller
This is a confessed judgment of $26,389.80.
Law firm: Andrew Biondi
Filed: 7/11/2014. CL14001841

Heather Jenkins v. Sujit K. Mohanty, D.D.S., P.C. and Sujit K. Mohanty, D.D.S.
Plaintiff says during surgical extraction of root tip of tooth #20 by defendant, he hit the distal aspect of tooth #21 with a surgical instrument, resulting in root-tip removal of an otherwise healthy tooth and placement of a bone graft without informing her. Plaintiff seeks judgment in principal sum of $50,000.
Law firm: Robert R. Dawson
Filed: 7/11/2014. CL14001847 [/private]

Chesterfield Circuit Court

Brian Roberts v. Ronald Turek; RVA Hobbies LLC; Mark Hackett; Michael Dryden Brooks; Cawthorn, Deskevich & Gavin, P.C.; and Duane Deskevich
Plaintiff says he founded Full Mod, a business focused on radio controlled vehicles, in January 2012, and was approached in March by Turek, a former customer, about investing in the business. Turek invested $6,000, plaintiff says, becoming a silent partner, and both were guarantors on a lease of property at 11808 Hull Street Road. Plaintiff says at a July meeting with Brooks and Deskevich of the law firm, he expressed the intention to retain a 60% ownership interest in Full Mod, but that Brooks and Deskevich willfully, maliciously and intentionally misrepresented that the law required ownership interests in an LLC to be divided evenly. In August, he alleges, an agreement, which he never signed, attempted to allocate ownership interest as 49% for plaintiff and 51% for Turek. Plaintiff says Turek physically forced him from the store on or about Sept. 10, took possession of keys and Full Mod’s Facebook page, and then sold plaintiff’s ownership interest and inventory to Hackett, owner of RVA Hobbies, at below market value and without his knowledge or consent. Plaintiff says RVA Hobbies now operates in Full Mod’s location. Plaintiff alleges fraud, breach of contract, conspiracy, tortious interference and legal malpractice and seeks judgment in principal sum of $500,000.
Law firm: Dirk McClanahan of McClanahan Powers
Filed: 7/15/2014. CL14002255

Branch Banking and Trust Co. v. Warthan Associates Inc.; Bernard G. Warthan; and Nancy C. Warthan
Plaintiff says defendant is in default on a note and seeks judgment in principal sum of $147,499.14.
Law firm: Trevor B. Reid, Stephen E. Scarce and Meredith L. Yoder of Parker, Pollard, Wilton & Peaden
Filed: 7/21/2014. CL14002306

Michael R. Falcone v. Michael L. Meyer and Kingdom Advisors
Plaintiff says he contracted with Meyer, an attorney in Indiana, to create a legal tax savings mechanism through, in part, the creation of a Charitable Limited Liability Company and a Beneficiary Defective Irrevocable Trust. Plaintiff says Meyer indicated the CLLC and BDIT would allow him to avoid paying a large amount of state and federal taxes, and sent a check to Kingdom for $60,000. Plaintiff alleges Meyer created transactional documents and other materials that falsely and fraudulently described plaintiff’s motivations for entering into the tax shelter. After entering into the agreement but before funding the trust, plaintiff says, he inquired into the legality of what defendant sold him, realized he was given false information and terminated the agreement. Plaintiff says defendant has refused to refund any portion of the $60,000 and seeks damages of $180,000.
Law firm: Samuel J. Kaufman and Jeremiah M. Yourth of Owen & Owens
Filed: 7/21/2014. CL14002308 [private]

Watts Petroleum Corp. v. A.S. Petroleum Inc. d/b/a Cumberland Market; Anna Arias; and Faizal Surti
Plaintiff says it supplied petroleum products to ASP’s location at 1611 Anderson Highway and is owed a principal balance of $42,509.17.
Law firm: Joel W. Morgan of Brenner, Evans & Millman
Filed: 7/21/2014. CL14002314

Richmond Circuit Court

Faye Cox v. Sage Dining Services Inc.; Church Schools in the Diocese of Virginia d/b/a Christchurch School; and Andre Smith
Plaintiff alleges disability discrimination, failure to accommodate, age discrimination, violation of the Family and Medical Leave Act and retaliatory discharge in her termination after 26 years of employment as a dishwasher, and seeks back pay and damages of $200,000.
Law firm: Lisa K. Lawrence and Adam N. Harrison of Lawrence & Associates
Filed: 7/14/2014. CL14003050

Mary J. Williams v. William K. Fleming, M.D.; William K. Fleming, M.D., P.C. and/or any successor in interest entity; and Richmond Orthopedics, PC
Plaintiff alleges inappropriate components were used in a left total knee replacement; that the surgery was performed incorrectly; that defendant failed to recognize and respond appropriately to the severity of her post-surgical symptoms; and that because of these issues, she was forced to undergo a second replacement surgery. Plaintiff seeks judgment in principal sum of $2 million.
Pro se
Filed: 7/14/2014. CL14003056

SWA Construction Inc. v. Gammino Realty and Development LLC t/a City and Guilds; David M. Gammino; and James Fink
Plaintiff alleges fraud and breach of contract in the administration, supervision and performance of work on the Boulevard Lofts Project and seeks judgment of $1.645 million and punitive damages of $350,000.
Law firm: James E. Moore of Christian & Barton
Filed: 7/18/2014. CL14003141

Pamela D. McCarthy v. Innsbrook Owners’ Association Inc. and Highlands Properties Inc.
Plaintiff says she was walking around Lake Feasty on the Innsbrook grounds when she stepped into a hole in a grassy area that was hidden from view and fell. Plaintiff seeks judgment in principal sum of $250,000.
Laws firm: Stephen W. Bricker and Christopher L. Anderson of BrickerAnderson
Filed: 7/21/2014. CL14003150

Frederick Fitzgerald and Nakisha Fitzgerald, administrators of the estate of Frederick Fitzgerald Jr., deceased v. The Shannon Townhomes a/k/a TMG-Azalea LLC and Marshall Dabney
Plaintiff says decedent, a minor and resident of the townhomes, entered the pool with friends the afternoon of June 15, 2013, and that Dabney was charged with monitoring the pool and keeping its visitors safe. Plaintiff says Dabney had advised another minor patron that decedent had left the pool, but that he had, in fact, drowned, and that fire and police were unable to find his body until the next day because of the murkiness of the pool. Plaintiff seeks $50 million in compensatory damages and $10 million in punitive damages.
Law firm: A. Donald McEachin, Curtis M. Hairston and William R. Sievers of McEachin & Gee.
Filed: 7/22/2014. CL14003158

Henrico Circuit Court

Deborah Blakey v. Kellermeyer Bergensons Services LLC
Plaintiff says she slipped and fell on water or some other liquid substance left by defendant when it cleaned the Marshall’s store at 7506 W. Broad St., where she worked. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Matthew Tsun and Craig Miller of Simeone & Miller
Filed: 7/3/2014. CL14001810

Union First Market Bank v. SDC Properties LLC; Kathe G. Henke; Richard A. Parisi; and Edmund W. Cornman
Plaintiff says defendant has defaulted on two notes and seeks judgment in principal sum of $744,972.71.
Law firm: Kimberly Ann Taylor of Kepley Broscious & Biggs
Filed: 7/8/2014. CL14001824

Union First Market Bank v. Health Consultants of Virginia Inc.; Richard A. Parisi; and Edmund W. Cornman
Plaintiff says defendant has defaulted on two notes and seeks judgment in principal sum of $104,104.28.
Law firm: Kimberly Ann Taylor of Kepley Broscious & Biggs
Filed: 7/8/2014. CL14001825

Performance Food Group Inc. v. Nevan & Associates Inc. and Richard S. Miller
This is a confessed judgment of $26,389.80.
Law firm: Andrew Biondi
Filed: 7/11/2014. CL14001841

Heather Jenkins v. Sujit K. Mohanty, D.D.S., P.C. and Sujit K. Mohanty, D.D.S.
Plaintiff says during surgical extraction of root tip of tooth #20 by defendant, he hit the distal aspect of tooth #21 with a surgical instrument, resulting in root-tip removal of an otherwise healthy tooth and placement of a bone graft without informing her. Plaintiff seeks judgment in principal sum of $50,000.
Law firm: Robert R. Dawson
Filed: 7/11/2014. CL14001847 [/private]

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