The Docket: Court Roundup for 5.10.12

Richmond

Jeanette L. Ervin v. Medical Facilities of America Inc. t/a Henrico Health & Rehabilitation Center a/k/a Henrico Health & Rehab Center
Plaintiff seeks judgment in principal amount of $2.5 million and says that on or about Nov. 21, 2010, she was a patient at the facility, and that the defendant negligently treated and cared for her, causing her to fall.
Law firm: Emrock & Kilduff
Filed: 4/30/2012. CL12001946

Stock Building Supply LLC v. Keystone Development Corp.; and Eric D. Deglau
Plaintiff says defendant failed to pay for building supplies and seeks judgment in principal sum of $34,731.44.
Law firm: Fracassi Mahdavi Sissman & Rand
Filed: 4/30/2012. CL12001952 [private]

Steve Budnick v. Murphy-Brown LLC
Plaintiff says he was an employee of defendant, a livestock production subsidiary of Smithfield Foods, when he was severely injured in an accident on or about May 5, 2005, while driving a Murphy-Brown truck on a rural roadway in North Carolina. Plaintiff was airlifted to Medical College of Virginia Hospitals, where he was treated for many months, he says. Plaintiff has since been institutionalized and requires 24/7 care. In an opinion dated April 16, 2008, plaintiff’s injuries were determined to arise out of and in the course of his employment with defendant, and were determined to be compensable. In 2011, plaintiff says, a settlement of plaintiff’s worker’s compensation was agreed to by the parties. Plaintiff contends that defendant reneged on and breached the settlement agreement and contract, and seeks judgment in principal sum of $4 million.
Law firm: Schilling & Esposito
Filed: 4/30/2012. CL12001958

Mark A. Jackson v. VCU Health Systems a/k/a VCU Medical Center; and MCV Physicians; and Dr. Allen Yee, M.D.; and Dr. Matthew R. Bartholomew, M.D.; and Curtis W. Hayes, M.D.
Plaintiff says that on or about July 1, 2010, he presented himself at the emergency room with complaints of a gunshot wound to his right lower leg. The attending physician found no evidence of acute fracture, and plaintiff was discharged with antibiotics and analgesic wound care. On or about July 11, plaintiff says, he returned to emergency room for continued pain at the gunshot site, and was advised to start weight bearing. On or about Aug. 1, he went to Chippenham Medical Center, where it was determined he had a fibular fracture, plaintiff says. Plaintiff seeks judgment of $2 million.
Law firm: ParisBlank
Filed: 5/3/2012. CL12002025

Andrew J. Johnson III v. All State Towing Inc. d/b/a All State Towing and Repossession Service
Plaintiff, a former officer of the defendant company, states that on Oct. 25, 2011, he and defendant entered into an agreement in which defendant agreed to hold plaintiff harmless from any claims by third parties in connection with personal guarantees made by plaintiff for all known and disclosed debt of the company. Plaintiff says because he had personally guaranteed debt associated with a Chase credit card that he has been continuously harassed by Chase because the account is delinquent. Plaintiff seeks judgment in principal sum of $45,000.
Law firm: Blackburn, Conte, Schilling & Click
Filed: 5/3/2012. CL12002026

LaTonya Clark, administrator of the estate of Kamari Johnson, deceased v. Quest T&C Apartments LLC t/a Town and Country Apartments; and Quest T&C South LLC; and Quest Management Group LLC; and Douglas Aquatics Inc.
Plaintiff seeks judgment in principal sum of $10 million, and alleges that on or about July 1, 2011, decedent was an invitee on the premises, and that defendants negligently caused dangerous conditions to exist at the swimming pool, where decedent drowned.
Law firm: Emroch & Kilduff
Filed: 5/3/2012. CL12002027

Carol B. Hackler v. Colonial Realty LP t/a Colonial Reserve at West Franklin
Plaintiff says that on or about March 15, 2011, she went to the apartments at 10 W. Franklin St. to co-sign a lease for her grandson. Plaintiff alleges that defendant had negligently installed a raised doorjamb at the bottom of the double front doors to the premises, causing her to fall. Plaintiff says that as a result of a left patella fracture, she now requires a walker and suffers from severe atrophy. Plaintiff seeks $1 million.
Law firm: The Shields Law Firm
Filed: 5/3/2012. CL12002029

De Lage Landen Financial Services Inc. v. Peter Kwick Inc.
This ia a garnishment of $97,420.96.
Law firm: Caudle and Caudle
Filed: 5/3/2012. CL12002035

Rebecca Marie Dohrmann, an infant who sues by and through her mother and next friend, Jackie Dohrmann v. K Mart Corp.
The infant plaintiff, on or about Dec. 2, 2002, was in the store at 11003 Hull Street Road with her parents when a box fell from a shelf and stuck plaintiff, causing injuries. Plaintiff seeks judgment of $49,000.
Law firm: Hundley & Johnson
Filed: 5/3/2012. CL12002045

Henrico

A. David Muddiman III v. Cascade Holdings LLC
This is a garnishment of $125,338.62.
Law firm: Jackson Lewis
Filed: 4/16/2012. CL12001111

A. David Muddiman III v. Cascades Pointe of Blacksburg
This is a garnishment of $125,292.12.
Law firm: Jackson Lewis
Filed: 4/16/2012. CL12001112

TEKsystems v. Motova LLC f/k/a HostICan LLC
This is a garnishment of $92,097.80.
Law firm: Michael P. Chabrow
Filed: 4/30/2012. CL12001260

Alan Douglas v. BIA Digital Partners LP; and Briefings Media Group LLC f/k/a BIA DP Holdings LLC; and Charles A. Wiebe; and Lloyd Sams; and Scott E. Chappell; and Frances Finn; and William A. Murrill
Plaintiff says that at times material to the suit, he was sole shareholder of Douglas Publications of Virginia Inc. f/k/a Douglas Publications Inc., a now terminated business information resources company that had been in business since the 1980s. In 2005, plaintiff was involved in a transaction involving the purchase of assets of the Briefings Publication Groups of Wicks Business Information LLC. Plaintiff alleges tortious interference with contract, tortious interference with business expectancy, fraud and breach of contract. Plaintiff seeks judgment against all defendants other than Briefings Media Group LLC, jointly and severally, in sum of not less than $1,940,000, that $200,000 of each sum be trebled for a total of $2,340,000, that he further recover punitive damages against BIA, Wiebe, Sams and Chappell in the sum of $350,000, that he recover punitive damages from Finn and Murrill in the sum of $350,000, that he recover damages from Briefings Media Group in the sum of $190,000, that he recover further all his costs incurred herein and prejudgment interest on the sum of $190,000 from Nov. 12, 2008, at the rate of 6% per annum, and fees.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 4/30/2012. CL12001267

Ken Brantley and KHD Lighting Inc. v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs purchased Outdoor Lighting Perspectives franchise in North Caroline in 2005, and renewed it in January 2010. Plaintiffs say that through years of mismanagement and poor leadership from defendant, that plaintiffs’ franchise location is losing money. Plaintiffs, among other things, seek an order declaring the restrictive covenant of their franchise agreement unconscionable and therefore unenforceable; an order declaring that the terms of the restrictive covenant are illusory as defendant can change the scope and contents of the restrictive covenant at any time; an order declaring plaintiffs’ franchise agreement void, or in the alternative, franchise agreement as unenforceable, void and stricken.
Law firm: Lenhart Obenshain
Filed: 4/30/2012. CL12001273

All Medical Personnel LLC d/b/a All Medical and d/b/a AMP v. Express Urgent and Primary Care Centers Inc. d/b/a Express Med and d/b/a Express Med Urgent Care Center
Plaintiff seeks judgment in principal sum of $49,804.65, and says it billed defendant, which regularly conducts business at 5310 Twin Hickory Road, Glen Allen, to provide a doctor for temporary placement and to provide medical services at defendant’s medical care center. That sum, plaintiff says, is past due.
Law firm: Legum & Wilk
Filed: 5/4/2012. CL12001315

Chesterfield

Vernon E. LaPrade Jr. v. Leroy L. Anderson III; and Dogwood Villas Inc.
On or about Aug. 28, 2008, plaintiff says Dogwood Villas executed a note evidencing indebtedness to the plaintiff in the amount of $640,000. Defendant Anderson was a guarantor on the note. The last payment was an interest payment received on or about Oct. 13, 2010, plaintiff says. Plaintiff seeks judgment of $643,055.07, accrued interest of $51,197.86, plus interest at 5.25% per annum from April 1, 2012, until paid, fees and costs.
Law firm: Caudle and Caudle
Filed: 5/2/2012. CL12001328

Deco-Crete LLC v. Rastek Construction and Development Corp.; and Robert P. Chesson et al. (21 other defendants)
Plaintiff says it contracted with Rastek for installation of concrete floors at 11501 Hull Street Road, the Harley-Davidson motorcycle retail/commercial building, and seeks judgment in principal sum of $24,940.
Law firm: Paullin Law Firm
Filed: 5/4/2012. CL12001336

Epoxy Systems LLC v. Rastek Construction and Development Corp.; and Robert P. Chesson et al. (22 other defendants)
Plaintiff seeks judgment in principal sum of $7,787 for work done at the Southside Harley-Davidson.
Law firm: Paullin Law Firm
Filed: 5/3/2012. CL12001337

Barranger and Co. Inc. v. Prestige Construction Group Inc.; and Union Branch Baptist Church; and Liberty Mutual Insurance Co.
Plaintiff says defendant Prestige contracted with defendant Union Branch Baptist for an additional to its church building in 2010. Prestige then contracted with plaintiff to provide material and installation work. Plaintiff says it is still owed $16,412.09, and seeks judgment in that amount.
Law firm: none
Filed: 5/4/2012. CL12001368 [/private]

Richmond

Jeanette L. Ervin v. Medical Facilities of America Inc. t/a Henrico Health & Rehabilitation Center a/k/a Henrico Health & Rehab Center
Plaintiff seeks judgment in principal amount of $2.5 million and says that on or about Nov. 21, 2010, she was a patient at the facility, and that the defendant negligently treated and cared for her, causing her to fall.
Law firm: Emrock & Kilduff
Filed: 4/30/2012. CL12001946

Stock Building Supply LLC v. Keystone Development Corp.; and Eric D. Deglau
Plaintiff says defendant failed to pay for building supplies and seeks judgment in principal sum of $34,731.44.
Law firm: Fracassi Mahdavi Sissman & Rand
Filed: 4/30/2012. CL12001952 [private]

Steve Budnick v. Murphy-Brown LLC
Plaintiff says he was an employee of defendant, a livestock production subsidiary of Smithfield Foods, when he was severely injured in an accident on or about May 5, 2005, while driving a Murphy-Brown truck on a rural roadway in North Carolina. Plaintiff was airlifted to Medical College of Virginia Hospitals, where he was treated for many months, he says. Plaintiff has since been institutionalized and requires 24/7 care. In an opinion dated April 16, 2008, plaintiff’s injuries were determined to arise out of and in the course of his employment with defendant, and were determined to be compensable. In 2011, plaintiff says, a settlement of plaintiff’s worker’s compensation was agreed to by the parties. Plaintiff contends that defendant reneged on and breached the settlement agreement and contract, and seeks judgment in principal sum of $4 million.
Law firm: Schilling & Esposito
Filed: 4/30/2012. CL12001958

Mark A. Jackson v. VCU Health Systems a/k/a VCU Medical Center; and MCV Physicians; and Dr. Allen Yee, M.D.; and Dr. Matthew R. Bartholomew, M.D.; and Curtis W. Hayes, M.D.
Plaintiff says that on or about July 1, 2010, he presented himself at the emergency room with complaints of a gunshot wound to his right lower leg. The attending physician found no evidence of acute fracture, and plaintiff was discharged with antibiotics and analgesic wound care. On or about July 11, plaintiff says, he returned to emergency room for continued pain at the gunshot site, and was advised to start weight bearing. On or about Aug. 1, he went to Chippenham Medical Center, where it was determined he had a fibular fracture, plaintiff says. Plaintiff seeks judgment of $2 million.
Law firm: ParisBlank
Filed: 5/3/2012. CL12002025

Andrew J. Johnson III v. All State Towing Inc. d/b/a All State Towing and Repossession Service
Plaintiff, a former officer of the defendant company, states that on Oct. 25, 2011, he and defendant entered into an agreement in which defendant agreed to hold plaintiff harmless from any claims by third parties in connection with personal guarantees made by plaintiff for all known and disclosed debt of the company. Plaintiff says because he had personally guaranteed debt associated with a Chase credit card that he has been continuously harassed by Chase because the account is delinquent. Plaintiff seeks judgment in principal sum of $45,000.
Law firm: Blackburn, Conte, Schilling & Click
Filed: 5/3/2012. CL12002026

LaTonya Clark, administrator of the estate of Kamari Johnson, deceased v. Quest T&C Apartments LLC t/a Town and Country Apartments; and Quest T&C South LLC; and Quest Management Group LLC; and Douglas Aquatics Inc.
Plaintiff seeks judgment in principal sum of $10 million, and alleges that on or about July 1, 2011, decedent was an invitee on the premises, and that defendants negligently caused dangerous conditions to exist at the swimming pool, where decedent drowned.
Law firm: Emroch & Kilduff
Filed: 5/3/2012. CL12002027

Carol B. Hackler v. Colonial Realty LP t/a Colonial Reserve at West Franklin
Plaintiff says that on or about March 15, 2011, she went to the apartments at 10 W. Franklin St. to co-sign a lease for her grandson. Plaintiff alleges that defendant had negligently installed a raised doorjamb at the bottom of the double front doors to the premises, causing her to fall. Plaintiff says that as a result of a left patella fracture, she now requires a walker and suffers from severe atrophy. Plaintiff seeks $1 million.
Law firm: The Shields Law Firm
Filed: 5/3/2012. CL12002029

De Lage Landen Financial Services Inc. v. Peter Kwick Inc.
This ia a garnishment of $97,420.96.
Law firm: Caudle and Caudle
Filed: 5/3/2012. CL12002035

Rebecca Marie Dohrmann, an infant who sues by and through her mother and next friend, Jackie Dohrmann v. K Mart Corp.
The infant plaintiff, on or about Dec. 2, 2002, was in the store at 11003 Hull Street Road with her parents when a box fell from a shelf and stuck plaintiff, causing injuries. Plaintiff seeks judgment of $49,000.
Law firm: Hundley & Johnson
Filed: 5/3/2012. CL12002045

Henrico

A. David Muddiman III v. Cascade Holdings LLC
This is a garnishment of $125,338.62.
Law firm: Jackson Lewis
Filed: 4/16/2012. CL12001111

A. David Muddiman III v. Cascades Pointe of Blacksburg
This is a garnishment of $125,292.12.
Law firm: Jackson Lewis
Filed: 4/16/2012. CL12001112

TEKsystems v. Motova LLC f/k/a HostICan LLC
This is a garnishment of $92,097.80.
Law firm: Michael P. Chabrow
Filed: 4/30/2012. CL12001260

Alan Douglas v. BIA Digital Partners LP; and Briefings Media Group LLC f/k/a BIA DP Holdings LLC; and Charles A. Wiebe; and Lloyd Sams; and Scott E. Chappell; and Frances Finn; and William A. Murrill
Plaintiff says that at times material to the suit, he was sole shareholder of Douglas Publications of Virginia Inc. f/k/a Douglas Publications Inc., a now terminated business information resources company that had been in business since the 1980s. In 2005, plaintiff was involved in a transaction involving the purchase of assets of the Briefings Publication Groups of Wicks Business Information LLC. Plaintiff alleges tortious interference with contract, tortious interference with business expectancy, fraud and breach of contract. Plaintiff seeks judgment against all defendants other than Briefings Media Group LLC, jointly and severally, in sum of not less than $1,940,000, that $200,000 of each sum be trebled for a total of $2,340,000, that he further recover punitive damages against BIA, Wiebe, Sams and Chappell in the sum of $350,000, that he recover punitive damages from Finn and Murrill in the sum of $350,000, that he recover damages from Briefings Media Group in the sum of $190,000, that he recover further all his costs incurred herein and prejudgment interest on the sum of $190,000 from Nov. 12, 2008, at the rate of 6% per annum, and fees.
Law firm: Marchant, Thorsen, Honey, Baldwin & Meyer
Filed: 4/30/2012. CL12001267

Ken Brantley and KHD Lighting Inc. v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs purchased Outdoor Lighting Perspectives franchise in North Caroline in 2005, and renewed it in January 2010. Plaintiffs say that through years of mismanagement and poor leadership from defendant, that plaintiffs’ franchise location is losing money. Plaintiffs, among other things, seek an order declaring the restrictive covenant of their franchise agreement unconscionable and therefore unenforceable; an order declaring that the terms of the restrictive covenant are illusory as defendant can change the scope and contents of the restrictive covenant at any time; an order declaring plaintiffs’ franchise agreement void, or in the alternative, franchise agreement as unenforceable, void and stricken.
Law firm: Lenhart Obenshain
Filed: 4/30/2012. CL12001273

All Medical Personnel LLC d/b/a All Medical and d/b/a AMP v. Express Urgent and Primary Care Centers Inc. d/b/a Express Med and d/b/a Express Med Urgent Care Center
Plaintiff seeks judgment in principal sum of $49,804.65, and says it billed defendant, which regularly conducts business at 5310 Twin Hickory Road, Glen Allen, to provide a doctor for temporary placement and to provide medical services at defendant’s medical care center. That sum, plaintiff says, is past due.
Law firm: Legum & Wilk
Filed: 5/4/2012. CL12001315

Chesterfield

Vernon E. LaPrade Jr. v. Leroy L. Anderson III; and Dogwood Villas Inc.
On or about Aug. 28, 2008, plaintiff says Dogwood Villas executed a note evidencing indebtedness to the plaintiff in the amount of $640,000. Defendant Anderson was a guarantor on the note. The last payment was an interest payment received on or about Oct. 13, 2010, plaintiff says. Plaintiff seeks judgment of $643,055.07, accrued interest of $51,197.86, plus interest at 5.25% per annum from April 1, 2012, until paid, fees and costs.
Law firm: Caudle and Caudle
Filed: 5/2/2012. CL12001328

Deco-Crete LLC v. Rastek Construction and Development Corp.; and Robert P. Chesson et al. (21 other defendants)
Plaintiff says it contracted with Rastek for installation of concrete floors at 11501 Hull Street Road, the Harley-Davidson motorcycle retail/commercial building, and seeks judgment in principal sum of $24,940.
Law firm: Paullin Law Firm
Filed: 5/4/2012. CL12001336

Epoxy Systems LLC v. Rastek Construction and Development Corp.; and Robert P. Chesson et al. (22 other defendants)
Plaintiff seeks judgment in principal sum of $7,787 for work done at the Southside Harley-Davidson.
Law firm: Paullin Law Firm
Filed: 5/3/2012. CL12001337

Barranger and Co. Inc. v. Prestige Construction Group Inc.; and Union Branch Baptist Church; and Liberty Mutual Insurance Co.
Plaintiff says defendant Prestige contracted with defendant Union Branch Baptist for an additional to its church building in 2010. Prestige then contracted with plaintiff to provide material and installation work. Plaintiff says it is still owed $16,412.09, and seeks judgment in that amount.
Law firm: none
Filed: 5/4/2012. CL12001368 [/private]

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