The Docket: Court Roundup for 2.10.12


Commonwealth of Virginia, ex rel. Kenneth T. Cuccinelli II, attorney general v. SportsQuest LLC; and Western Surety Co.
Plaintiff petitions the court to declare that the activities in which defendant SportsQuest has engaged constitute violations of the Virginia Health Spa Act (VHSA) and the Virginia Consumer Protection Act. Plaintiff says defendant agreed in November 2011 to bring itself into compliance, but has failed to live up to the prepayment contract refund and reporting obligations of the agreement. Filed: 2/6/2012. CL12000332


Monument Bank v. Fairweather Investments LLC; and David Fairweather; and Jane Fairweather
Plaintiff seeks judgment for nonpayment of two promissory notes, one dated June 26, 2006, for $1,156,922.45, plus interest and fees; the second dated June 27, 2007, for $1,926,916.83, plus interest and fees. The notes were
for -+219 acres of land in Matoaca District.
Law firm: LeClairRyan
Filed: 2/3/2012. CL12000315

American Furniture Rentals v. Suite for You LLC
This is a garnishment of $171,482.65.
Law firm: LeClairRyan
Filed: 1/31/2012. CL12000164

Virginia Steel Erectors Inc. v. Lynchburg Steel & Specialty Co.
Plaintiff seeks judgment of $167,818.33 on a project in Newport News.
Law firm: Hairfield Morton Watson Adams Sommers
Filed: 2/3/2012. CL12000320

Kathleen C. O’Brien, administrator of the estate of Marion Combe, deceased, and Kathleen C. O’Brien, individual v. The Laurels of Willow Creek; and Nurse R. Severin; and Nurse S. Alston
Plaintiff alleges decedent died on May 26, 2011, as a result of negligence, and seeks $4 million.
Law firm: Owen & Owens
Filed: 2/6/2012. CL12000337


Robert Alfred Fecteau II v. Venture Richmond Inc.; and Metropolitan Richmond Sports Backers Inc.; and The Road Runners Club of America Inc.
Defendants organized the Filthy 5K Mud Run (“Mud Run”) at Brown’s Island May 14, 2010. Plaintiff states that a friend, Aubrey Anthony, had registered but was unable to attend and gave plaintiff verbal permission to use her registration and race number. Upon arriving at the race, plaintiff says he asked organizers if he should re-register or if he should use the race number and registration of Anthony, and was instructed to use Anthony’s number. Plaintiff was injured he says, when he dove into the final mud pit and hit his head on the bottom, causing partial paralysis. Plaintiff seeks judgment of $20 million, plus interest and costs.
Law firms: Marks & Harrison; Roeder, Cochran & Haight
Filed: 1/26/2012. CL12000401

Ferguson Enterprises Inc. v. Lombardy Place LLC; and Holloway Construction; and Joyce C. Sylvia; and John W. Montgomery Jr., trustee; and Precise Plumbing & Heating LLC; and Greg Parrish
This is a complaint to enforce plaintiff’s mechanic’s lien of $12,749.93, plus interest and costs, for work done at 1031 N. Lombardy St. for Sylvia Place Condominium.
Law firm: Gerald J. O’Brien
Filed: 1/27/2012. CL12000410

Pamela D. Overbey v. Dr. Lawrence G. Rubin D.P.M.; and Foot & Ankle Specialists of Virginia P.C.
Plaintiff alleges negligent care and seeks judgment of $2 million, plus interest and costs.
Law firm: None
Filed: 1/27/2012. CL12000411

Prestige Construction Group Inc. v. Cephas Industries Inc.
On or about Feb. 12, 2010, plaintiff says it entered into a contract with defendant for certain construction services on a recycling facility owned and operated by defendant at Broadrock Industrial Park. Plaintiff seeks $166,249.62 for services rendered, plus interest, fees and costs.
Law firm: Cawthorn, Picard, Rowe, Deskevich & Gavin
Filed: 1/27/2012. CL12000415

Jeffrey Hugh Jenkins Sr. v. G. Vincent Dalton, M.D.; and OrthoVirginia Inc. f/k/a West End Orthopaedic Clinic
Plaintiff states that on Feb. 8, 2010, he had a total left knee replacement surgery, and on April 26, 2010, he had a total right knee replacement surgery. Plaintiff contends he continued to suffer severe pain, and ultimately had to have both knees replaced again by another physician. Plaintiff alleges negligence and seeks $500,000, plus interest, fees and costs.
Law firm: Locke, Partin, DeBoer & Quinn
Filed: 1/30/2012. CL12000427

John Leo Shelton Jr. v. N. Douglas Boardman, M.D.; and Delores Hilliard, R.N.; and AudraLynn Robinson, M.D.; and Julie Mayglothling, M.D.; and MCV Hospitals and Physicians; and Virginia Commonwealth University Medical Center
Plaintiff alleges negligence in treatment of his failed right shoulder prosthesis from Sept. 9, 2009, through May 2011, and further alleges that defendant engaged in deliberate withholding of medical records. Plaintiff seeks $5 million in compensatory damages, plus interest and costs.
Law firm: None
Filed: 1/30/2012. CL12000439

Parker Seafood Co. Inc. v. ITW Food Equipment Group LLC
Plaintiff claims that a frialator which malfunctioned by overheating and failing to shut off caused the store in Roanoke to catch fire on or about Jan. 28, 2007, and seeks judgment of $25,000, plus interest and costs.
Law firm: LeClair Ryan
Filed: 1/30/2012. CL12000441

Melvin T. Morgan Roofing & Sheet Metal Co. Inc. v. River City Real Estate Inc.
Plaintiff alleges breach of contract on a replacement roof at 808 N. Boulevard, and at 2716 Grace St., and seeks judgment of $107,568, plus attorney’s fees of $35,497 and interest.
Law firm: Crowgey & Cassis
Filed: 1/30/2012. CL12000443

United Leasing Corp. v. David L. Joslin (t/a Virginia Tree Harvesters); and Mary Ann Joslin
Plaintiff seeks judgment of $28,096.88, plus interest, costs and attorney’s fees of $5,619.39, and possession of equipment or its alternative fair value.
Law firm: Kane, Papa
Filed: 1/31/2012. CL12000445

Verizon Virginia Inc. v. Omni Excavators Inc.
On or about Sept. 21, 2005, plaintiff alleges defendant operating a backhoe damaged plaintiff’s underground utilities. Plaintiff seeks $165,776.66, plus interest and costs.
Law firm: Saunders, Patterson & Mack
Filed: 2/1/2012. CL12000452

Terry A. Fauerbach v. Eliseo Acopio Bautista, M.D.; and Jean Maurice Dufour, M.D.; and Bon Secours Virginia Health Source Inc. d/b/a Bon Secours Commonwealth Surgeons; and Commonwealth Radiology P.C.
Plaintiff alleges negligence in care and treatment of an esophageal leak and infection, and seeks $2 million, plus interest and costs.
Law firm: Tremblay & Smith
Filed: 2/1/2012. CL12000453

Sunday Lucas v. C.T. Woody Jr.; and Dr. Stanley Furman; and Menyon Graham; and Laura Terry; and Robert Ford; and Anneika Brown; and Carolyn Quigley; and Robert Cushionberry; and Yuvonka Lewis; and Darryl Hack
Plaintiff says she was an inmate at Richmond City Jail January 2008-March 11, 2008, where defendant Woody is sheriff and the others provided health care. Plaintiff contends she began suffering severe headaches on or about Jan. 16, 2008, was denied medical treatment, and was placed in isolation as a form of torture or punishment, where her condition worsened. From Jan. 21-Jan. 26, 2008, plaintiff says she repeatedly asked defendants to take her to the hospital. After a visit from the plaintiff’s court-appointed attorney on Jan. 29, she was transported to MCV. The delay in medical treatment caused the plaintiff to suffer a stroke, she alleges, and incremental damage before the stroke. Plaintiff seeks $30 million in compensatory damages, $1 million in punitive damages, plus costs and interest.
Law firm: Gary R. Hershner
Filed: 2/1/2012. CL12000457

Ruffin & Payne Inc. v. Timothy Ray White; and Timothy Ray White t/a White Brothers; and White Brothers Building Contractors LLC
Plaintiff sold building materials to defendant located in King and Queen County, and seeks judgment of $55,027.21, plus interest, attorneys’ fees of $13,755.55 and costs.
Law firm: Williams Mullen
Filed: 2/2/2012. CL12000460

Piedmont Construction Services LLC v. McCaul, Martin, Evans and Cook, P.C.; and W. Rand Cook
Plaintiff alleges malpractice, breach of contract, negligence and breach of fiduciary duty, and seeks judgment of $16,109,234, plus interest, costs and fees.
Law firm: Robert C. Smith
Filed: 2/2/2012. CL12000464

Silvia P. Botta v. Wilton Companies Inc.; Wilton Properties Inc.; and Beverly Hills Inc.
Plaintiff, on or about Feb. 8, 2010, alleges she slipped on ice on a paved walkway and fell. Plaintiff seeks $500,000 in compensatory damages, plus costs and interest.
Law firm: McGuireWoods
Filed: 2/2/2012. CL12000471

CSC Leasing Co. v. SunTrust Bank
Plaintiff, a longtime banking customer of the defendant, leases computer systems to businesses. Plaintiff contends that on or about June 12, 2009, it prepared a check payable to Carr Business Systems in the amount of $235,560. Subsequently, and without knowledge at Carr, plaintiff says, the check came into possession of Oxford Collection Agency Inc., and was deposited in Oxford’s account at Chase Bank although the payee was Carr. Plaintiff seeks judgment of at least $235,560, plus interest and costs.
Law firm: Setliff & Holland
Filed: 2/2/2012. CL12000473


EVB v. JROC LLC; and Charles E. Blankenship Jr.; and Betty T. Blankenship
Plaintiff seeks judgment of $187,953.31, plus interest.
Law firm: Berkeley, Curry and Cook
Filed: 1/31/2012. CL12000247

RHS LLC v. Fletcher’s Enterprises Inc.
This is a garnishment of $59,381.
Law firm: Cawthorn Picard Rowe Deskevich & Gavin
Filed: 1/27/2012. CL12000259

EVB v. JROC LLC and Charles E. Blankenship Jr.; and Betty T. Blankenship
Plaintiff seeks judgment of $50,744.58.
Law firm: Berkeley, Curry and Cook
Filed: 1/27/2012. CL12000264

The Little Oil Company Inc. v. McFadden Park and Associates LLC; and Richard H. McFadden Jr.; and Mina Y. Park
This is a breach of contract for delivery of petroleum products and for improvements made on property in Walkersville, Md. Plaintiff seeks $322,949.99, plus late fees and legal fees.
Law firm: Williams Mullen
Filed: 2/3/2012. CL12000330


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