The Docket: Court Roundup for 1.19.12


Elizabeth W. Baker v. D. Michael Rose, M.D.; and Surgical Associates of Richmond P.C.
On or about Jan. 28, 2010, plaintiff underwent a biopsy of her stomach tissue to determine appropriate course of medical treatment. On or about Jan. 28, 2010, plaintiff says Commonwealth Laboratory Consultants received and examined the specimen and reported to the defendant a cancer of the stomach. On or about Jan. 29, 2010, the defendant recommended that the plaintiff have all or part of her stomach removed, the plaintiff contends. The surgery was performed on or about Feb. 1, 2010. Plaintiff’s removed stomach was examined on or about Feb. 2, and it was determined that she did not have stomach cancer, but acute gastritis. Plaintiff alleges the defendant breached the standard of care, and seeks $2.5 million, plus interest and costs.
Law firm: FloranceGordonBrown
Filed: 1/9/2012. CL12000130 [private]

City of Richmond v. Dos Compadres Inc. and Lydia T. Moncada; and Arturo Barrios
Plaintiff seeks delinquent admissions, lodging and meal taxes for defendant’s operations of a restaurant at 3088 Stony Point Road for the year 2006, in principal amount of $29,116, accumulated interest of $20,285, plus attorneys’ fees of $9,880.57, and costs.
Law firm: Harrell & Chambliss; Ballato Law Firm
Filed: 12/29/2011. CL11005754

AdvanceMe Inc. v. Kevin R. Anderson; and The Croaker Spot Corp. d/b/a Mr. Bojangles, and d/b/a Croaker’s Spot
Plaintiff seeks judgment in principal amount of $37,120.13, plus attorney’s fees of 30 percent, costs and interest, involving businesses that were located at 550 E. Marshall St. and 119 E. Leigh St.
Law firm: Law Offices of Jonathan Gelber
Filed: 1/4/2012. CL12000084

The Sherwin-Williams Co. v. A.S. Pugh of Roanoke Inc. d/b/a ASP Roofing; and Thomas Houston, guarantor
Plaintiff seeks judgment of $69,311.67 for goods sold but not paid for, plus attorney’s fees of $23,080.77, and interest.
Law firm: Solodar and Solodar
Filed: 1/5/2012. CL12000094

Kathy P. Minor v. Harry J. Shaia, M.D.; and Orthovirginia Inc. d/b/a West End Orthopedic Clinic
Plaintiff alleges breach of care in treatment of her right shoulder, and seeks judgment of $2,750,000, plus interest and costs.
Law firm: none listed
Filed: 1/5/2012. CL12000097

Koenig Technology Inc. v. Harvest Time Bread of North Carolina LLC
Plaintiff seeks judgment of $38,338.08, plus interest and costs, for equipment parts.
Law firm: ThompsonMcMullan
Filed: 1/9/2012. CL12000126

Cheryleen Bolden v. R.M.T. of Richmond Ltd.
Plaintiff contends that on or about Nov. 16, 2010, at a property at or near 2702 Toledo Ave. controlled by the defendant, as she was exiting the residence and descending the stairs, the stairs gave way and caused her to fall and suffer grievous injuries. Plaintiff seeks $350,000, plus interest, costs and fees.
Law firm: Geoffrey R. McDonald & Associates
Filed: 1/9/2012. CL12000127

Terri K. Marcum v. Newco Properties Inc.
On or about Feb. 16, 2010, plaintiff, as an employee of a building tenant at 6610 W. Broad St., contends she slipped and fell on a sheet of ice on the parking deck. Plaintiff seeks judgment of $750,000, plus interest, costs and fees.
Law firm: Geoffrey R. McDonald & Associates
Filed: 1/9/2012. CL12000128

Christopher M. Coennen v. Walgreen Co.
On Sept. 12, 2010, at the Walgreens at 3901 Oaklawn Boulevard in Hopewell, the plaintiff had a prescription for Mycolog Ointment 60 gm filled, but the ointment he received was Triamcinolone 80 gm. Plaintiff alleges he suffered damages, and seeks $74,000, plus interest and costs.
Law firm: Williamson Petty
Filed: 1/9/2012. CL12000131

REDC Community Capital Corp. f/k/a Richmond Economic Development Corp. v. David Pilgrim; and Apex Management Services
Plaintiff seeks judgment of $23,515.02, plus interest and late fees, costs and expenses.
Law firm: The Law Offices of Albert W. Thweatt II
Filed: 1/9/2012. CL12000132

Lynn M. Bearse v. K. Singh Sahni, M.D.; and Neurosurgical Associates P.C.; and Thomas J. Eichler, M.D.; and Virginia Radiation Oncology Associates
Plaintiff, as a patient of Drs. Sahni and Eichler, contends she submitted to a gamma knife treatment for right-sided trigeminal neuralgia at Chippenham Johnston Willis Medical Center on Dec. 16, 2008. The gamma knife radiosurgery was performed on the left side of plaintiff’s head. Plaintiff contends that when the error was discovered, she was informed, then taken back into the operating room for gamma knife surgery on the right side of her head. Plaintiff alleges permanent disability, and seeks $1 million, plus interest and costs.
Law firm: Sickels, Frei & Mims
Filed: 1/10/2012. CL12000137

Charles S. Macfarlane v. Virginia Physicians Inc. d/b/a Cold Harbor Family Medicine
Plaintiff says he was a patient of the defendant for a number of years, and contends that until Dec. 1, 2009, defendant did not perform a prostate-specific antigen test. Following the blood test, a subsequent biopsy confirmed advanced prostate cancer, and plaintiff underwent surgery at Memorial Sloan-Kettering Cancer Center with life-altering consequences. Plaintiff contends timely diagnosis would have significantly and materially changed his treatment and ultimate outcome, and seeks $2 million, plus interest and taxable costs.
Law firm: Cantor Stoneburner Ford Grana Buckner
Filed: 1/11/2012. CL12000149

Londell L. Shelton v. JC&A Platinum Investors LLC; and James A. Fitzgerald; and Denise P. Jones
Plaintiff, a guest at a rental home of defendant Jones on Oct. 6, 2010, alleges that as he attempted to enter the attic to relight the furnace, the steps of the ladder going into the attic collapsed, causing injury. Plaintiff seeks damages of $125,000, plus costs and interest.
Tronfeld West & Durrett
Filed: 1/11/2012. CL12000155

Consolidated Systems Inc. v. D & E Acquisition Corp. t/a Diversified Industries
Plaintiff seeks judgment of $54,810.57, plus interest, attorneys’ fees, and costs.
Filed: 1/12/2012. CL12000162


Suntrust Mortgage v. George Mason Mortgage LLC
Plaintiff seeks damages of $773,786.86, plus attorney’s fees, costs and expenses related to the purchase of residential loans.
Law firm: Wolfe & Wyman
Filed: 1/4/12. CL12000012

Samuel L. Graves v. Jones & Jones Inc. of Virginia
This is a garnishment request of $3,066,100.22, related to a debt due in a judgment originally issued Oct. 29, 2010. At that time, defendant failed to appear in court. Plaintiff alleged he suffered personal damages, including head injury, at the hands of defendant.
Law firm: Caudle & Caudle
Filed: 1/4/2012. CL12000018

BMG Metals Inc. v. South Anna Stair and Rail Co. Inc.
Plaintiff seeks judgment of $34,332.49, plus attorney’s fees of $11,443, and costs.
Law firm: Spotts Fain
Filed: 1/9/2012. CL12000053

Donnie J. Stokes v. Chrysler Group LLC
Plaintiff seeks judgment of $29,179.78 in a case for breach of warranty and violation of the Motor Vehicle Warranty Enforcement Act.
Law firm: The Consumer Law Group
Filed: 1/9/2011. CL12000054

John and Lisa Rafalko v. Ford Motor Co.
Plaintiff alleges breach of warranty and seeks $37,827.49, plus attorney’s fees.
Law firm: J. Robert Harris III
Filed: 1/10/2012. CL12000067

Bruce and Mary Campbell v. Ford Motor Co.
Plaintiff alleges breach of warranty and seeks at least $46,007.63.
Law firm: J. Robert Harris III
Filed: 1/10/2012. CL12000066


Jarrett Anthony Mullins v. Cross Creek Associates Ltd. Partnership; and Nouveau Properties Inc.; and R.C. Evans Management Group Inc.; and Joyce M. Henderson
Plaintiff alleges defendant posted a willfully false statement on his apartment door, where other persons could see it, and seeks
$250,000 in compensatory damages and $350,000 in punitive damages.
Law firm: The Law Office of Henry McLaughlin
Filed: 1/10/2012. CL12000061

Betty Perkins v. Moorefield IV L.C.; Morton G. Thalhimer Inc.; and Thalhimer Copty Real Estate LLC; and Thalhimer Sullivan Properties LLC; and Hy-Tech Property Services Inc.
Plaintiff alleges that on or about Feb. 4, 2010, as a student enrolled in classes held by a tenant in the building, she was exiting her vehicle which was parked in a handicapped space, slipped and fell on a sheet of ice. As a result, plaintiff says she suffered a serious and permanent injury, and seeks $1 million, plus interest, costs and fees.
Law firm: Geoffrey R. McDonald & Associates
Filed: 1/11/2012. CL12000069

BB&T-VA Collateral Service Corp., trustee v. Evans & Bryant PLC, trustee; and LAP Petroleum LLC; and Trishul of Virginia LLC; and Petroleum Marketing Group Inc.; and Uppy’s Convenience Stores LLC; and Southside Oil LLC; and Fulton Bank N.A.
This is a quiet title complaint for property located at 13732 Hull Street Road. Plaintiff asks the court to enter an order making a determination as to the proper holder of a note secured by a deed of trust dated Jan. 2, 2008; that the court make a determination as to the validity of the document of rescission dated June 3, 2011; that the court declare that the deeds of trust securing branch banking and trust company dated Nov. 3, 2010, occupy a first and second priority lien position with respect to the property; and grant other relief deemed just and equitable.
Law firm: Walsh, Colucci, Lubeley, Emrich & Walsh
Filed: 1/11/2012. CL12000074

Trishul of Virginia LLC v. LAP Petroleum LLC; and Evans and Bryant PLC
Plaintiff seeks judgment of $450,000, and a temporary and permanent injunction preventing defendant from initiating and/or proceeding with any foreclosure on property located at 13731 and 13732 Hull Street Road until declaratory judgment can be determined by court; and for all costs, attorney’s fees, and other relief.
Law firm: Cawthorn, Picard, Rowe, Deskevich & Gavin
Filed: 1/11/2012. CL12000076


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