The Docket: Court Roundup for 1.26.12

Henrico

Douglas T. Gray III v. Richfield Associates LLC; and Blackwood Development Co. Inc.; and James River Grounds Management Inc.
On March 3, 2009, plaintiff contends he was leaving his place of employment, Shackleford’s Restaurant in the Gleneagles Shopping Center, when he slipped and fell on ice and sustained serious and permanent injuries. Plaintiff seeks $5 million, plus costs and interest.
Law firm: Hutchens & Hutchens
Filed: 1/12/2012. CL12000094

Kitty Calhoun v. Quest Construction Inc.; and George Vergara; and Floors by David Inc.; and David Phares
Plaintiff alleges breach of contract for remodeling work in her home and seeks $30,000, plus interest and costs.
Law firm: Parcell & Webb
Filed: 1/18/2012. CL12000138 [private]

Pilgrim Journey Baptist Church v. Todd Lacy Enterprises; and Todd Lacy; and Isaac Forrest; and Edward Forrest
Plaintiff alleges breach of contract, fraud and negligence in excavation and paving work done at the church at 7204 Bethlehem Road, and seeks damages of $400,000, plus costs, interest and fees.
Law firm: John H. Herbig
Filed: 1/19/2012. CL12000145

Neil MacLean and Ann MacLean v. American Properties Acquisition; and Richard VanCor; and Stephen MacTurk
Plaintiffs allege that they entered into discussions with defendant to obtain assistance in securing a mortgage loan on the refinancing of an existing mortgage on property in New Jersey, and sent “escrow deposit” funds of $48,750, but later found that defendant is not a licensed mortgage lender or broker by the Virginia State Corporation Commission.
Plaintiffs seek compensatory damages of not less than $48,750; punitive damages, fees, costs and interest.
Law firm: Reed Smith
Filed: 1/19/2012. CL12000162

Theresa Pettis v. Bell Partners Inc. d/b/a Laurel Springs Apartments
On or about Feb. 4, 2010, plaintiff contends she slipped and fell on ice on a concrete landing. Plaintiff seeks $100,000, plus interest and costs.
Law firm: Armentrout & Armentrout
Filed: 1/20/2012. CL12000182

Chesterfield

Aalpha Forming Systems Inc. v. Rastek Construction and Development Corp.; and James River Concrete Inc.; and Leslie G. Davis; and et. al.
Plaintiff contends it entered into a contract with Rastek to furnish labor and materials in connection with the construction of a commercial building on 5 acres of land, and seeks judgment of $13,361.63, plus interest, fees and costs.
Law firm: Derrick E. Rosser
Filed: 1/17/2012. CL12000092

Jae D. Shon v. Northeast Construction Inc.
Plaintiff seeks judgment of $75,000, plus interest and costs, relating to a contract for improvements and renovations for a residential dwelling.
Law firm: Derrick E. Rosser
Filed: 1/19/2012. CL12000138

Richmond

John S. Hegamyer v. City of Richmond; and Midlothian Village Associates LP; and Midlothian Rst. LLC; and Hercules Real Estate Services Inc.
Plaintiff was working as a Federal Express Driver, and claims he fell over an elevated gas box and cover in the parking area of Midlothian Village Apartments, and sustained serious injuries. Plaintiff seeks $2 million, plus costs and interest.
Law firm: John S. Herbig
Filed: 1/12/2012. CL12000201

Commonwealth of Virginia v. Dominion Management Services Inc. d/b/a CashPoint
Plaintiff petitions the court to declare that activities in which the defendant (which makes loans secured by a motor vehicle license) has engaged constitute violations of the Virginia statutes applicable to consumer finance companies, of the Virginia statues applicable to motor vehicle title loans, and of the Virginia Consumer Protection Act. Plaintiff says that defendant was an unlicensed title loan lender Oct. 1, 2010 through Dec. 1, 2010, and seeks to declare that all loans made by defendant during this period are null and void, and asks judgment to plaintiff for all costs, expenses and fees.
Filed: 1/12/2012. CL12000202

Cynthia Wolford v. Giant Food Stores LLC d/b/a Martin’s Food Market
Plaintiff claims that on or about Feb. 23, 2010, at the store at 10150 Brook Road, employee Jessica Fitzgerald used excessive and unnecessary bodily force against the plaintiff, causing physical, mental and emotional harm. This was the result of an accusation against the plaintiff of petit larceny, of which the plaintiff was acquitted in court. Plaintiff seeks judgment of $400,000 in compensatory damages, $350,000 in punitive damages, and costs.
Law firm: Emroch & Kilduff
Filed: 1/17/2012. CL12000209

Donna Wilkerson v. Janis L. Hurst, M.D., and Paredes Institute for Women’s Imaging PC d/b/a The Ellen Shaw de Paredes Institute for Women’s Imaging
Plaintiff alleges defendant failed to reasonably interpret and report the results of plaintiff’s mammogram, and failed to timely diagnose her breast cancer, and seeks $3 million, plus interest and costs.
Law firm: Williamson Petty
Filed: 1/17/2012. CL12000212

De Borah McLemore v. Walgreen Co.; and Ryan DeBaugh
Plaintiff says that on or about March 16, 2010, she was in the store at 4201 Meadowdale Boulevard, and that defendant DeBaugh was aware that clear liquid was on the floor of the public area of the pharmacy caused by a malfunctioning freezer, but neglected, as defendant phrased it, to “put up a sign or something,” and as a result, plaintiff fell and suffered severe and permanent injuries. Plaintiff seeks $1 million, plus interest and costs.
Law firm: Shilling & Esposito
Filed: 1/17/2012. CL12000219

Eck Supply Co. v. Able Electric Inc.; and William A. Payne
This is a breach of contract action, in which plaintiff seeks $51,252.69, plus interest, costs and fees.
Law firm: DurretteCrump
Filed: 1/17/2012. CL12000221

Commonwealth of Virginia v. Associated Community Services Inc.
Plaintiff petitions the court to declare that the activities in which the defendant has engaged and are engaging constitute violation of the Virginia solicitations of contributions law; to enjoin these violations; to award civil penalties, expenses and fees to the commonwealth; to restore to donors all sums solicited from them without authorization. Plaintiff contends defendant, a Michigan corporation, solicited contributions on behalf of the United States Navy Veterans Association after the association directed defendant to stop.
Filed: 1/17/2012. CL12000222

Susan E. Dunn v. Rebecca Blake; and James Blake; and Francesco R. Lopresti; and Rosalba Lopresti; and Daniel Hicks; and Brockwell & Associates Inc. t/a Weichert Realtors; and Grand Heritage Realty Referrals LLC; and Grand Heritage Referral Network LLC
Plaintiff contends that tenants’ dog brutally and savagely attacked her on or about Jan. 18, 2010, and that the dog had previously mauled another person, and seeks compensatory damages of $30,000 and punitive damages of $25,000.
Law firm: Morris & Morris
Filed: 1/18/2012. CL12000234

James B. Perry v. Hunter Holmes McGuire Medical Center; and Williams C. Broaddus; and Daryoush Tavanaiepour; and Richard Stanger; and Kathryn Holloway; and Randall Krawcheck; and Elona D. Thomason
Plaintiff alleges battery, gross negligence and medical malpractice, and seeks compensatory and punitive damages of not less than $25 million. Plaintiff contends that as a result of elective surgery performed Aug. 6, 2008, and resulting complications, he suffered massive post-operative infection in multiple areas, which led to cord compression and loss of motor function.
Law firm: Cantor Stoneburner Ford Grana & Buckner
Filed: 1/18/2012. CL12000235

Alan Pearson v. Pyliaris Corp. Inc.
Plaintiff seeks judgment of $12,500, plus fees, punitive damages and costs, in the unpaid performance of information technology services.
Law firm: Gunlicks Law
Filed: 1/20/2012. CL12000259

Michelle C. Harman, for the estate of Ronald Eric Duckenfeld v. James Russell Williams; and Greater Richmond Transit Co.; and Old Dominion Transit Management Co. d/b/a GRTC Transit Co.
On or about Jan 22, 2010, plaintiff and defendant Williams, a bus driver, began arguing about a fare, plaintiff claims, when defendant struck plaintiff in the face and forcibly threw him out of the bus onto a metal bench. Plaintiff seeks $1 million in compensatory damages, $350,000 in punitive damages, plus interest and costs.
Law firm: Geoffrey R. McDonald
Filed: 1/20/2012. CL12000272 [/private]

Henrico

Douglas T. Gray III v. Richfield Associates LLC; and Blackwood Development Co. Inc.; and James River Grounds Management Inc.
On March 3, 2009, plaintiff contends he was leaving his place of employment, Shackleford’s Restaurant in the Gleneagles Shopping Center, when he slipped and fell on ice and sustained serious and permanent injuries. Plaintiff seeks $5 million, plus costs and interest.
Law firm: Hutchens & Hutchens
Filed: 1/12/2012. CL12000094

Kitty Calhoun v. Quest Construction Inc.; and George Vergara; and Floors by David Inc.; and David Phares
Plaintiff alleges breach of contract for remodeling work in her home and seeks $30,000, plus interest and costs.
Law firm: Parcell & Webb
Filed: 1/18/2012. CL12000138 [private]

Pilgrim Journey Baptist Church v. Todd Lacy Enterprises; and Todd Lacy; and Isaac Forrest; and Edward Forrest
Plaintiff alleges breach of contract, fraud and negligence in excavation and paving work done at the church at 7204 Bethlehem Road, and seeks damages of $400,000, plus costs, interest and fees.
Law firm: John H. Herbig
Filed: 1/19/2012. CL12000145

Neil MacLean and Ann MacLean v. American Properties Acquisition; and Richard VanCor; and Stephen MacTurk
Plaintiffs allege that they entered into discussions with defendant to obtain assistance in securing a mortgage loan on the refinancing of an existing mortgage on property in New Jersey, and sent “escrow deposit” funds of $48,750, but later found that defendant is not a licensed mortgage lender or broker by the Virginia State Corporation Commission.
Plaintiffs seek compensatory damages of not less than $48,750; punitive damages, fees, costs and interest.
Law firm: Reed Smith
Filed: 1/19/2012. CL12000162

Theresa Pettis v. Bell Partners Inc. d/b/a Laurel Springs Apartments
On or about Feb. 4, 2010, plaintiff contends she slipped and fell on ice on a concrete landing. Plaintiff seeks $100,000, plus interest and costs.
Law firm: Armentrout & Armentrout
Filed: 1/20/2012. CL12000182

Chesterfield

Aalpha Forming Systems Inc. v. Rastek Construction and Development Corp.; and James River Concrete Inc.; and Leslie G. Davis; and et. al.
Plaintiff contends it entered into a contract with Rastek to furnish labor and materials in connection with the construction of a commercial building on 5 acres of land, and seeks judgment of $13,361.63, plus interest, fees and costs.
Law firm: Derrick E. Rosser
Filed: 1/17/2012. CL12000092

Jae D. Shon v. Northeast Construction Inc.
Plaintiff seeks judgment of $75,000, plus interest and costs, relating to a contract for improvements and renovations for a residential dwelling.
Law firm: Derrick E. Rosser
Filed: 1/19/2012. CL12000138

Richmond

John S. Hegamyer v. City of Richmond; and Midlothian Village Associates LP; and Midlothian Rst. LLC; and Hercules Real Estate Services Inc.
Plaintiff was working as a Federal Express Driver, and claims he fell over an elevated gas box and cover in the parking area of Midlothian Village Apartments, and sustained serious injuries. Plaintiff seeks $2 million, plus costs and interest.
Law firm: John S. Herbig
Filed: 1/12/2012. CL12000201

Commonwealth of Virginia v. Dominion Management Services Inc. d/b/a CashPoint
Plaintiff petitions the court to declare that activities in which the defendant (which makes loans secured by a motor vehicle license) has engaged constitute violations of the Virginia statutes applicable to consumer finance companies, of the Virginia statues applicable to motor vehicle title loans, and of the Virginia Consumer Protection Act. Plaintiff says that defendant was an unlicensed title loan lender Oct. 1, 2010 through Dec. 1, 2010, and seeks to declare that all loans made by defendant during this period are null and void, and asks judgment to plaintiff for all costs, expenses and fees.
Filed: 1/12/2012. CL12000202

Cynthia Wolford v. Giant Food Stores LLC d/b/a Martin’s Food Market
Plaintiff claims that on or about Feb. 23, 2010, at the store at 10150 Brook Road, employee Jessica Fitzgerald used excessive and unnecessary bodily force against the plaintiff, causing physical, mental and emotional harm. This was the result of an accusation against the plaintiff of petit larceny, of which the plaintiff was acquitted in court. Plaintiff seeks judgment of $400,000 in compensatory damages, $350,000 in punitive damages, and costs.
Law firm: Emroch & Kilduff
Filed: 1/17/2012. CL12000209

Donna Wilkerson v. Janis L. Hurst, M.D., and Paredes Institute for Women’s Imaging PC d/b/a The Ellen Shaw de Paredes Institute for Women’s Imaging
Plaintiff alleges defendant failed to reasonably interpret and report the results of plaintiff’s mammogram, and failed to timely diagnose her breast cancer, and seeks $3 million, plus interest and costs.
Law firm: Williamson Petty
Filed: 1/17/2012. CL12000212

De Borah McLemore v. Walgreen Co.; and Ryan DeBaugh
Plaintiff says that on or about March 16, 2010, she was in the store at 4201 Meadowdale Boulevard, and that defendant DeBaugh was aware that clear liquid was on the floor of the public area of the pharmacy caused by a malfunctioning freezer, but neglected, as defendant phrased it, to “put up a sign or something,” and as a result, plaintiff fell and suffered severe and permanent injuries. Plaintiff seeks $1 million, plus interest and costs.
Law firm: Shilling & Esposito
Filed: 1/17/2012. CL12000219

Eck Supply Co. v. Able Electric Inc.; and William A. Payne
This is a breach of contract action, in which plaintiff seeks $51,252.69, plus interest, costs and fees.
Law firm: DurretteCrump
Filed: 1/17/2012. CL12000221

Commonwealth of Virginia v. Associated Community Services Inc.
Plaintiff petitions the court to declare that the activities in which the defendant has engaged and are engaging constitute violation of the Virginia solicitations of contributions law; to enjoin these violations; to award civil penalties, expenses and fees to the commonwealth; to restore to donors all sums solicited from them without authorization. Plaintiff contends defendant, a Michigan corporation, solicited contributions on behalf of the United States Navy Veterans Association after the association directed defendant to stop.
Filed: 1/17/2012. CL12000222

Susan E. Dunn v. Rebecca Blake; and James Blake; and Francesco R. Lopresti; and Rosalba Lopresti; and Daniel Hicks; and Brockwell & Associates Inc. t/a Weichert Realtors; and Grand Heritage Realty Referrals LLC; and Grand Heritage Referral Network LLC
Plaintiff contends that tenants’ dog brutally and savagely attacked her on or about Jan. 18, 2010, and that the dog had previously mauled another person, and seeks compensatory damages of $30,000 and punitive damages of $25,000.
Law firm: Morris & Morris
Filed: 1/18/2012. CL12000234

James B. Perry v. Hunter Holmes McGuire Medical Center; and Williams C. Broaddus; and Daryoush Tavanaiepour; and Richard Stanger; and Kathryn Holloway; and Randall Krawcheck; and Elona D. Thomason
Plaintiff alleges battery, gross negligence and medical malpractice, and seeks compensatory and punitive damages of not less than $25 million. Plaintiff contends that as a result of elective surgery performed Aug. 6, 2008, and resulting complications, he suffered massive post-operative infection in multiple areas, which led to cord compression and loss of motor function.
Law firm: Cantor Stoneburner Ford Grana & Buckner
Filed: 1/18/2012. CL12000235

Alan Pearson v. Pyliaris Corp. Inc.
Plaintiff seeks judgment of $12,500, plus fees, punitive damages and costs, in the unpaid performance of information technology services.
Law firm: Gunlicks Law
Filed: 1/20/2012. CL12000259

Michelle C. Harman, for the estate of Ronald Eric Duckenfeld v. James Russell Williams; and Greater Richmond Transit Co.; and Old Dominion Transit Management Co. d/b/a GRTC Transit Co.
On or about Jan 22, 2010, plaintiff and defendant Williams, a bus driver, began arguing about a fare, plaintiff claims, when defendant struck plaintiff in the face and forcibly threw him out of the bus onto a metal bench. Plaintiff seeks $1 million in compensatory damages, $350,000 in punitive damages, plus interest and costs.
Law firm: Geoffrey R. McDonald
Filed: 1/20/2012. CL12000272 [/private]

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