The Docket: Court Roundup for 3.1.11


City of Richmond

Hankins and Anderson, Inc. v. Rick Mather + SMBW, LLC
The defendant engaged the plaintiff to provide engineering services for the construction of the Virginia Museum of Fine Arts addition.  The plaintiff is seeking a judgment of $227,704.10 and interest for breach of contract.
Law firm:  McGuireWoods
Filed:  2/23/2011  CL11000897

Mark Babb v. InteliTap LLC
The plaintiff, a former executive of the defendant, is suing for breach of contract and asking for a judgment of $56,000 and injunctive relief from allowing the defendant to transfer any assets until the case is settled. (You can read about InteliTap in an RBS story here.)
Law firm:  Thompson McMullan
Filed:  2/17/2011 (not a typo)  CL11000826

Patrick Hull and Hull Properties, LLC v. Dominion Realty Partners, LLC, Vistas on the James, LLC and Dominion Partners, LLC
The plaintiff if seeking a $750,000 judgment for [private]breach of contract, negligence, negligence per se, actual fraud and constructive fraud.
Law firm:  Troutman Sanders
Filed:  2/25/2011  CL11000959

Francis J. Merkel v. Mike Blythe, John Russon, Wendall Jones, Sr., a/k/a Wendell Jones, Steve Kesler and Schindler Elevator Corporation
The plaintiff is seeking a $1 million judgment for injuries he received from a defective elevator at the Dominion Virginia Power Building at One James Center.
Law firm:  Allen, Allen, Allen & Allen
Filed:  2/18/2011  CL11000812

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Janet Abraham v. Cracker Barrel Old Country Store, Inc. and CBOCS, Inc., John Doe #1, Curtis Johnson and XYZ Corporation
The plaintiff is seeking a judgment of $750,000 for injuries she received when she fell on ice and snow in the parking lot adjacent to the restaurant on 7367 Bell Creek Road in Mechanicsville on March 3, 2009.
Law firm:  Cannella & O’Neal
Filed:  2/18/2011   CL11000823

Madera Americana, Inc., d/b/a American Lumber v. The Dixie Group, Incorporated, d/b/a Dixie Box & Crating Co., Inc.

The plaintiff is seeking a judgment of $22,646.59 with costs, for breach of contract.
Law firm:  Busman & Busman
Filed:  2/22/2011  CL11000828

Kayla S. Parrish, an Infant, who sues through Patricia A. Parrish, her Mother and Next Friend v. Bellona Arsenal Farms Associates, William G. Fitzhugh and Marianne T. Fitzhugh

The plaintiff is seeking a $10 million judgment and compensatory damages of $350,000 for lead poisoning and suing on the grounds of negligence, fraudulent concealment and violation of building and housing codes.
Law firm:  Michael g. Phelan and The Joel Bieber Firm
Filed:  2/22/2011  CL11000831

Bonnie Gifford v, Louis Amoriello, Chelston Lavell Hickman, Dangelo Lamont Athey and R. G. Gordon Hauling, Inc.
The plaintiff was a passenger in Amoriello’s vehicle on Feb. 27, 2009, and alleges that Amoriello was exceeding the speed limit when his vehicle collided with the other defendants on Interstate 95.  The plaintiff is seeking a $1 million judgment.
Law firm:  Geoffrey R. McDonald & Associates
Filed:  2/22/2011  CL11000838

Eddie D. Hawley v. Johnson & Johnson, Depuy Orthopaedics, Inc. and Commonwealth Surgical Solutions, Inc.

The plaintiff is seeking $10 million for a defective hip replacement.
Law firm:  Crandall & Katt
Filed:  2/23/2011  CL11000900

Virginia Birth-Related Neurological Injury Compensation Program v. Cherry, Bekaert & Holland, L.L.P.
The plaintiff is seeking a judgment of $1.25 million for negligence/auditing malpractice and breach of fiduciary duties.
Law firm:  Morris & Morris
Filed:  2/23/2011  CL11000908

Judith E. Vido v. Grace Street Limited Partnership, Beacon Residential Management, Limited Partnership, The Beacon Companies, Inc., Beacon Communities, LLC, U.S. Security Associates, Inc. and James Edward Dixon, Jr.

The plaintiff was a 30-year tenant of Dominion Place at 1025 W. Grace St., and was struck by defendant Dixon’s van as she crossed the parking lot with her seeing-eye dog.  The plaintiff is seeking a judgment of $1.5 million.
Law firm:  T. Bryan Byrne
Filed:  2/24/2011  CL11000929

Michelle Littleyoungman v. Devcon Contracting, Inc., Haulit, Inc., Nora A. Hall, William H. Hill, Rudolph McCollum, Harry Winkler d/b/a Rainbow Tax, VMS, Inc., VMS, Inc. d/b/a Transfield Services North America, VMS, Inc. d/b/a Transfield Services North America Transportation Infrastructure,Transfield Services (North America), Inc.
The plaintiff was a passenger in a cab that was struck by a truck on Interstate 295 and she is seeking a $1 million judgment.
Law firm:  The Gee Law Firm
Filed:  2/25/2011  CL11000953

Henrico County

Mehdi Ghorbani v. BMW of North America LLC and Sonic-Manhattan Fairfax, Inc. t/a BMW of Fairfax
The plaintiff is seeking a judgment of $61,500 for a defective 2006 BMW X544 purchased by the plaintiff in November 2005.
Law firm:  Patricia Michels Anderson
Filed:  2/22/2011  CL11000567

Anthony H. Haboush and Kim J. Haboush v. Nissan North America, Inc.
The plaintiff is seeking damages of $46,900 with costs for a breach of warranty and violations of Motor Vehicle Warranty Enforcement Act.
Law firm:  Patricia Michels Anderson
Filed:  2/22/2011  CL11000569

Charles Weber v. Raymond’s Floor Covering, LLC, Charles Raymond, Carlos Rodriguez and Bonitz Flooring Group, Inc.

The plaintiff is seeking a judgment of $750,000 from the defendants after he had to jump from the third floor of the Honey Tree Apartments to escape a fire he alleges was started by fumes from glue being used by the defendants to putdown carpet which ignited a hot water heater and/or electric base board heater on March 8, 2009.
Law firm:  Allen, Allen, Allen & Allen
Filed:  2/22/2011  CL11000598

Christian Weber v. Raymond’s Floor Covering, LLC, Charles Raymond, Carlos Rodriguez and Bonitz Flooring Group, Inc.
The plaintiff is seeking a judgment of $750,000 from the defendants after he had to jump from the third floor of the Honey Tree Apartments to escape a fire he alleges was started by fumes from glue being used by the defendants to putdown carpet which ignited a hot water heater and/or electric base board heater on March 8, 2009.
Law firm:  Allen, Allen, Allen & Allen
Filed:  2/22/2011  CL11000599

Kathleen Weber v. Raymond’s Floor Covering, LLC, Charles Raymond, Carlos Rodriguez and Bonitz Flooring Group, Inc.
The plaintiff is seeking a judgment of $500,000 from the defendants after she had to jump from the third floor of the Honey Tree Apartments to escape a fire she alleges was started by fumes from glue being used by the defendants to putdown carpet which ignited a hot water heater and/or electric base board heater on March 8, 2009.
Law firm:  Allen, Allen, Allen & Allen
Filed:  2/22/2011  CL11000600

Performance Food Group Company, LLC v. OBSC Stony Point, LLC and Michael S. Bishal
The plaintiff is seeking a judgment of $59,713.60 from the defendant who does business as Outer Banks Seafood Co.
Law firm:  Sands Anderson
Filed:  2/22/2011  CL11000601

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Chesterfield County

County of Chesterfield v. M & K Developers LLC, Peoples Bank of Virginia and Stephen K. King
The plaintiff is seeking the sale of real estate for delinquent real estate taxes.
Law firm:  James W. Elliott
Filed:  2/18/2011  CL11000434

County of Chesterfield v. Sanders Company, LLC, Peoples Bank of Virginia
The plaintiff is seeking the sale of real estate for delinquent real estate taxes.
Law firm:  James W. Elliott
Filed:  2/18/2011  CL11000439

Cameron Barron, by his next friend, Caron Moore, and Connor Barron, by his next friend, Caron Moore and Caron Moore, individually v. Clopay Building Products Company, Inc., individually and jointly, and Old Dominion Door Sales, Inc., individually and jointly, and Capitol Builders, Inc., individually and  jointly, and The Chamberlain Group, Inc., individually and jointly
On March 20, 2008, Cameron Moore became pinned under a garage door that could not be reversed and raised.  The suit is seeking a judgment of $22,029 for actual and compensatory damages and $200,000 for negligence and negligent infliction of emotional distress.
Law firm:  The McNeil Law Group
Filed:  2/18/2011  CL11000446

Howard Worrell and Direct Systems, Inc. v. Davies Masonry & Restoration, Inc. and Warren Davies

The plaintiff is seeking to recover the balance of a promissory note and seeking a judgment of $83,525 with six percent interest per annum since May 1, 2010.
Law firm:  Berkeley & DeGaetani
Filed:  2/22/2011  CL11000475

Pamela Foglesong v. LND 1000, Inc. and Massage Envy a/k/a LND 1000, Inc.

The plaintiff is charging the defendants with negligence, negligent supervision, negligent hiring and/or retention and asking for $5 million in compensatory damages for a sexual assault she alleges occurred during a massage.
Law firm:  Williams Mullen
Filed:  2/23/2011  CL11000482

Ace Waste Richmond LLC v. Environmental Solutions, Inc. and The Sustainability Park, LLC

The plaintiff is asking the court to settle a rent dispute with no specified damages.
Law firm:  Odin, Feldman & Pittleman

Federal Cases:

Nicole Swann vs. S and Z Group LLC dba Bonvenu Restaurant
Plaintiff seeks declaratory and injunctive relief for alleged violations of the Americans with Disabilities Act by defendant.  Plaintiff claims there is not enough accessible seating positions at the facility and no accessible bathroom, among other barriers.
Filed: 2/15/11
Law firm: Penser Kawamoto Conway PLC

Nicole Swann vs. Mom’s Siam

Plaintiff seeks declaratory and injunctive relief for alleged violations of the Americans with Disabilities Act by defendant.  Plaintiff claims there is not enough accessible seating positions at the facility and no accessible bathroom, among other barriers.
Filed: 2/15/11
Law firm: Penser Kawamoto Conway PLC

Nicole Swann vs. John Yamashita individually and trading as Stick Rice

Plaintiff seeks declaratory and injunctive relief for alleged violations of the Americans with Disabilities Act by defendant. Plaintiff claims there is no accessibly seating and the only restroom is down a flight of stairs.
Filed: 2/15/11
Law firm: Penser Kawamoto Conway PLC

Nicole Swann vs. Southside Plaza Meshekoff Family Limited Partnership
Plaintiff seeks declaratory and injunctive relief for alleged violations of the Americans with Disabilities Act by defendant. Plaintiff claims there are not enough accessible parking spaces, and the sidewalk ramps are too narrow.
Filed: 2/15/11
Law firm: Penser Kawamoto Conway PLC

Dana C. Johnson vs. Hit Wear, Inc and Icon Apparel  LLC

Plaintiff claims she was fired from her job at a Southpark Mall retailer because she was pregnant, in violation of the Civil Rights Act of 1964. She seeks reinstatement of her sales position and compensatory and punitive damages plus legal fees.
Filed: 2/17/11
Law Firm: Carolyn P. Carpenter PLC

Specific Cases are available for an additional charge. Please contact [email protected] [/private]

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Steve H

Depressing….what a bunch of dirtbags.