The Docket: Court Roundup for 4.19.12

Richmond

Sherri Jackson v. Ukrop’s Super Markets Inc.; and Giant Food Stores LLC; and Giant of Virginia Inc.; and Ashland Hanover LLC; and Martin’s Food Market
Plaintiff says she slipped and fell in a store in Ashland on or about May 8, 2010, and seeks judgment in principal amount of $75,000.
Law firm: Cannella & O’Neal
Filed: 4/6/2012. CL12001599

Trudy R. Pierce v. Home Depot USA Inc.
Plaintiff says she slipped on wet floor in the Gloucester County store on or about April 25, 2010, and seeks judgment in principal amount of $652,000.
Law firm: Allen, Allen, Allen & Allen
Filed: 4/9/2012. CL12001629

Branch Banking and Trust Company v. Suitable for Framing Inc. f/k/a NIC Trading Company Inc.; and Tilman A. Nadolski
Plaintiff seeks judgment in principal amount of $193,648.28.
Law firm: Parker, Pollard, Wilton & Peaden
Filed: 4/9/2012. CL12001631

Matthew J. Tlusty v. JS Restaurant Enterprises LLC d/b/a The Old Original Bookbinder’s
Plaintiff and defendant [private]entered into an agreement dated 7 Aug. 2009, drafted by defendant, which plaintiff says contains provisions, restrictions and covenants that are not reasonable and necessary to protect the business interests of defendant and are unduly harsh on plaintiff’s ability to earn a living. Plaintiff also says that defendant has for advertising purposes and/or purposes of trade, used plaintiff’s name, portrait and/or picture without his written permission, and after his employment ended on April 20, 2011, misrepresented to the public that Tlusty remains a chef at the restaurant, using his picture on promotional and advertising materials. Defendant used plaintiff’s name, image and reputation as recently as April 5, 2012, plaintiff alleges, and thus has diminished his name and reputation. Plaintiff asks that the court issue a temporary and permanent injunction against defendant from filing suit in any court other than the circuit court of Richmond for any litigation, and award him attorney’s fees and costs; award him compensatory damages of $250,000 and punitive damages of $250,000, fees and costs for using his name, portrait and/or picture without his written consent; and issue a temporary and permanent injunction against using his name, portrait and/or picture without his written consent.
Law firm: Thomas H. Roberts & Associates
Filed: 4/9/2012. CL12001632

State Farm Fire and Casualty Company, subrogee of Agnes Mravcak v. Cresline Plastic Pipe Co. Inc.; and Crescent Plastics Inc.
Mravcak maintained a homeowner’s policy with State Farm covering her residence in Ashburn, and plaintiff says that on or about Sept. 14, 2009, a water supply line designed and manufactured by the defendant cracked, causing a leak and damage of $91,514.03. Plaintiff seeks judgment in that amount, interest and costs.
Law firm: Brenner, Evans & Millman
Filed: 4/11/2012. CL12001704

State Farm Fire and Casualty Company, subrogee of Donald Holder v. Vornado Air Circulation Systems Inc.; and Kay Reed, co-trustee for Vornado Liquidating Trust and on behalf of Vornado Air Circulation Systems Inc.; and Charles Wear, co-trustee for Vornado Liquidating Trust and on behalf of Vornado Air Circulation Systems Inc.
Holder maintained a homeowner’s policy with State Farm for a residence in Hampton. Plaintiff alleges that on or about May 7, 2007, a space heater designed and manufactured by Vornado caught on fire during use, and caused a fire and personal property loss. Plaintiff seeks judgment of $27,755.17, interest and costs.
Law firm: Brenner, Evans & Millman
Filed: 4/11/2012. CL12001707

Kari Grimes v. Seven Pines Chase Limited d/b/a Wellington Place Apartments; and Square One Management LLC; and Stacy McDowell
Plaintiff says that when she entered into a residential leasing agreement with defendants on or about July 13, 2011, that defendants had entered into a residential leasing agreement with another tenant under Section 8 on the premises located in Sandston; that prohibitions existed against anyone else living with Section 8 tenants; and that the Section 8 tenant harbored a known fugitive. Plaintiff says that on or about Oct. 15, 2011, the fugitive, Marcus Antwane Burton, and two other individuals burglarized her apartment. The next business day after the break-in, Oct. 17, plaintiff notified defendants of the break-in through an automated voice message, and did so again on Oct. 18. After receiving no response, on or about Oct. 19 plaintiff personally visited and spoke with defendant McDowell. Despite knowledge of break-in and other alleged dangerous acts caused by Burton, plaintiff says defendants did not evict Section 8 tenant. On Oct. 24, 2011, Burton allegedly fired a gun toward plaintiff’s apartment, shooting her three times. He was evicted on Oct. 25, but defendants refused to release plaintiff from her apartment lease. Then, on or about Nov. 3, defendants agreed to release plaintiff from lease only if she executed a “release” discharging defendants from any claims. Plaintiff seeks judgment for compensatory damages in amount of $5 million, and punitive damages of $350,000.
Law firm: Collier and Collier
Filed: 4/11/2012. CL12001711

Cynthia O’Keefe v. Wal-Mart Stores East, LP; Wal-Mart Stores Inc.; and Wal-Mart
Plaintiff says she fell because of a liquid substance in the Mechanicsville store on or about Oct. 14, 2008. Plaintiff seeks $45,000, interest and costs.
Law firm: Bucci & Dix
Filed: 4/12/2012. CL12001721

Erica Handy v. 5 Star Enterprises LLC
Plaintiff says that defendant and its employees were hired to strip, mop, wax and/or clean the floors at Ross Dress for Less store in Midlothian. Plaintiff, an employee of Ross, says that she unlocked the door on or about April 18, 2010, and entered to turn off the alarm, when she slipped on a wet floor. Plaintiff seeks judgment in principal amount of $400,000.
Law firm: Whitehead & Chiocca
Filed: 4/16/2012. CL12001739

Henrico

Community Bankers’ Bank, Howard F. Pisons, trustee and William H. McFaddin, trustee v. Short Pump Hotel Partners’ LLC; and LTD Management Company LLC
This is a petition for appointment of receiver and for injunctive and other relief. Plaintiff states that on or about Oct. 24, 2008, lender made a business loan to borrower for $19,250,000 at West Broad Village, to build and operate as an Aloft hotel at 3939 Duckling Drive, Glen Allen. Plaintiff contends the last payment was made on Oct. 14, 2011, and covered the Sept. 15, 2011, interest payment. The loan matured Oct. 24, 2011. Plaintiff seeks, among other relief, immediate right of possession of rents of hotel; appointing Jeffrey Kolessar as receiver to manage and operate hotel pending a foreclosure sale or other disposition; granting of a judgment against defendant; and award of attorneys’ fees and costs.
Law firm: Spotts Fain
Filed: 4/6/2012. CL12001032

Jessica A. Girard v. Lee Hy Paving Corp.
Plaintiff states that defendant on April 12, 2010, pursuant to a contract with the Virginia Department of Transportation, repaved the eastbound travel lane and center lane of Hilliard Road from the railroad bridge east of Staples Mill Road to Hermitage Road. Defendant terminated its work that day at about 7 p.m., at which time an asphalt lip of at least 2 inches allegedly existed between the east and westbound lanes of Hilliard Road. Plaintiff says defendant failed to place signs, signals or other devices warning of this hazard and at approximately 8:45 p.m., while proceeding westbound on Hilliard Road on a motor scooter, plaintiff attempted to turn left onto Woodrow Terrace, at which time the motor scooter fell over upon encountering the asphalt lip, pining her left leg between the roadway and the scooter. Plaintiff says she suffered serious injuries and seeks judgment of $500,000 and costs.
Law firm: Robert R. Dawson
Filed: 4/11/2012. CL12001075

Chesterfield

Schaffer Construction Co. Inc. v. Cloverhill Industrial Park Inc.; and N. Leslie Saunders Jr., executor and trustee of the estate of Edward J. Bell Sr.
Plaintiff alleges breach of a purchase agreement in a land sale, and seeks judgment of $10,450.72.
Law firm: Daniels & Morgan
Filed: 4/5/2012. CL12001013

Village Bank v. SportsQuest Foundation Inc.; and Stephen Burton
This is a confessed judgment of $299,803.13.
Law firm: Williams Mullen
Filed: 4/6/2012. CL12001034

Kairos Partners Inc. v. 3Tex Inc.
This is a garnishment of $448,072.54, for goods and/or services provided.
Law firm: Spotts Fain
Filed: 4/10/2012. CL12001034

 [/private]

Richmond

Sherri Jackson v. Ukrop’s Super Markets Inc.; and Giant Food Stores LLC; and Giant of Virginia Inc.; and Ashland Hanover LLC; and Martin’s Food Market
Plaintiff says she slipped and fell in a store in Ashland on or about May 8, 2010, and seeks judgment in principal amount of $75,000.
Law firm: Cannella & O’Neal
Filed: 4/6/2012. CL12001599

Trudy R. Pierce v. Home Depot USA Inc.
Plaintiff says she slipped on wet floor in the Gloucester County store on or about April 25, 2010, and seeks judgment in principal amount of $652,000.
Law firm: Allen, Allen, Allen & Allen
Filed: 4/9/2012. CL12001629

Branch Banking and Trust Company v. Suitable for Framing Inc. f/k/a NIC Trading Company Inc.; and Tilman A. Nadolski
Plaintiff seeks judgment in principal amount of $193,648.28.
Law firm: Parker, Pollard, Wilton & Peaden
Filed: 4/9/2012. CL12001631

Matthew J. Tlusty v. JS Restaurant Enterprises LLC d/b/a The Old Original Bookbinder’s
Plaintiff and defendant [private]entered into an agreement dated 7 Aug. 2009, drafted by defendant, which plaintiff says contains provisions, restrictions and covenants that are not reasonable and necessary to protect the business interests of defendant and are unduly harsh on plaintiff’s ability to earn a living. Plaintiff also says that defendant has for advertising purposes and/or purposes of trade, used plaintiff’s name, portrait and/or picture without his written permission, and after his employment ended on April 20, 2011, misrepresented to the public that Tlusty remains a chef at the restaurant, using his picture on promotional and advertising materials. Defendant used plaintiff’s name, image and reputation as recently as April 5, 2012, plaintiff alleges, and thus has diminished his name and reputation. Plaintiff asks that the court issue a temporary and permanent injunction against defendant from filing suit in any court other than the circuit court of Richmond for any litigation, and award him attorney’s fees and costs; award him compensatory damages of $250,000 and punitive damages of $250,000, fees and costs for using his name, portrait and/or picture without his written consent; and issue a temporary and permanent injunction against using his name, portrait and/or picture without his written consent.
Law firm: Thomas H. Roberts & Associates
Filed: 4/9/2012. CL12001632

State Farm Fire and Casualty Company, subrogee of Agnes Mravcak v. Cresline Plastic Pipe Co. Inc.; and Crescent Plastics Inc.
Mravcak maintained a homeowner’s policy with State Farm covering her residence in Ashburn, and plaintiff says that on or about Sept. 14, 2009, a water supply line designed and manufactured by the defendant cracked, causing a leak and damage of $91,514.03. Plaintiff seeks judgment in that amount, interest and costs.
Law firm: Brenner, Evans & Millman
Filed: 4/11/2012. CL12001704

State Farm Fire and Casualty Company, subrogee of Donald Holder v. Vornado Air Circulation Systems Inc.; and Kay Reed, co-trustee for Vornado Liquidating Trust and on behalf of Vornado Air Circulation Systems Inc.; and Charles Wear, co-trustee for Vornado Liquidating Trust and on behalf of Vornado Air Circulation Systems Inc.
Holder maintained a homeowner’s policy with State Farm for a residence in Hampton. Plaintiff alleges that on or about May 7, 2007, a space heater designed and manufactured by Vornado caught on fire during use, and caused a fire and personal property loss. Plaintiff seeks judgment of $27,755.17, interest and costs.
Law firm: Brenner, Evans & Millman
Filed: 4/11/2012. CL12001707

Kari Grimes v. Seven Pines Chase Limited d/b/a Wellington Place Apartments; and Square One Management LLC; and Stacy McDowell
Plaintiff says that when she entered into a residential leasing agreement with defendants on or about July 13, 2011, that defendants had entered into a residential leasing agreement with another tenant under Section 8 on the premises located in Sandston; that prohibitions existed against anyone else living with Section 8 tenants; and that the Section 8 tenant harbored a known fugitive. Plaintiff says that on or about Oct. 15, 2011, the fugitive, Marcus Antwane Burton, and two other individuals burglarized her apartment. The next business day after the break-in, Oct. 17, plaintiff notified defendants of the break-in through an automated voice message, and did so again on Oct. 18. After receiving no response, on or about Oct. 19 plaintiff personally visited and spoke with defendant McDowell. Despite knowledge of break-in and other alleged dangerous acts caused by Burton, plaintiff says defendants did not evict Section 8 tenant. On Oct. 24, 2011, Burton allegedly fired a gun toward plaintiff’s apartment, shooting her three times. He was evicted on Oct. 25, but defendants refused to release plaintiff from her apartment lease. Then, on or about Nov. 3, defendants agreed to release plaintiff from lease only if she executed a “release” discharging defendants from any claims. Plaintiff seeks judgment for compensatory damages in amount of $5 million, and punitive damages of $350,000.
Law firm: Collier and Collier
Filed: 4/11/2012. CL12001711

Cynthia O’Keefe v. Wal-Mart Stores East, LP; Wal-Mart Stores Inc.; and Wal-Mart
Plaintiff says she fell because of a liquid substance in the Mechanicsville store on or about Oct. 14, 2008. Plaintiff seeks $45,000, interest and costs.
Law firm: Bucci & Dix
Filed: 4/12/2012. CL12001721

Erica Handy v. 5 Star Enterprises LLC
Plaintiff says that defendant and its employees were hired to strip, mop, wax and/or clean the floors at Ross Dress for Less store in Midlothian. Plaintiff, an employee of Ross, says that she unlocked the door on or about April 18, 2010, and entered to turn off the alarm, when she slipped on a wet floor. Plaintiff seeks judgment in principal amount of $400,000.
Law firm: Whitehead & Chiocca
Filed: 4/16/2012. CL12001739

Henrico

Community Bankers’ Bank, Howard F. Pisons, trustee and William H. McFaddin, trustee v. Short Pump Hotel Partners’ LLC; and LTD Management Company LLC
This is a petition for appointment of receiver and for injunctive and other relief. Plaintiff states that on or about Oct. 24, 2008, lender made a business loan to borrower for $19,250,000 at West Broad Village, to build and operate as an Aloft hotel at 3939 Duckling Drive, Glen Allen. Plaintiff contends the last payment was made on Oct. 14, 2011, and covered the Sept. 15, 2011, interest payment. The loan matured Oct. 24, 2011. Plaintiff seeks, among other relief, immediate right of possession of rents of hotel; appointing Jeffrey Kolessar as receiver to manage and operate hotel pending a foreclosure sale or other disposition; granting of a judgment against defendant; and award of attorneys’ fees and costs.
Law firm: Spotts Fain
Filed: 4/6/2012. CL12001032

Jessica A. Girard v. Lee Hy Paving Corp.
Plaintiff states that defendant on April 12, 2010, pursuant to a contract with the Virginia Department of Transportation, repaved the eastbound travel lane and center lane of Hilliard Road from the railroad bridge east of Staples Mill Road to Hermitage Road. Defendant terminated its work that day at about 7 p.m., at which time an asphalt lip of at least 2 inches allegedly existed between the east and westbound lanes of Hilliard Road. Plaintiff says defendant failed to place signs, signals or other devices warning of this hazard and at approximately 8:45 p.m., while proceeding westbound on Hilliard Road on a motor scooter, plaintiff attempted to turn left onto Woodrow Terrace, at which time the motor scooter fell over upon encountering the asphalt lip, pining her left leg between the roadway and the scooter. Plaintiff says she suffered serious injuries and seeks judgment of $500,000 and costs.
Law firm: Robert R. Dawson
Filed: 4/11/2012. CL12001075

Chesterfield

Schaffer Construction Co. Inc. v. Cloverhill Industrial Park Inc.; and N. Leslie Saunders Jr., executor and trustee of the estate of Edward J. Bell Sr.
Plaintiff alleges breach of a purchase agreement in a land sale, and seeks judgment of $10,450.72.
Law firm: Daniels & Morgan
Filed: 4/5/2012. CL12001013

Village Bank v. SportsQuest Foundation Inc.; and Stephen Burton
This is a confessed judgment of $299,803.13.
Law firm: Williams Mullen
Filed: 4/6/2012. CL12001034

Kairos Partners Inc. v. 3Tex Inc.
This is a garnishment of $448,072.54, for goods and/or services provided.
Law firm: Spotts Fain
Filed: 4/10/2012. CL12001034

 [/private]

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