The Docket: Court Roundup for 5.17.12


Richmond

Robert Alfred Fecteau II v. Venture Richmond Inc.; and Metropolitan Sports Backers Inc. d/b/a Richmond Sports Backers; and The Road Runners Club of America Inc.; and Jon Lugbill; and John A. Raigins
(This suit is similar to one filed in January by the same plaintiff ). Plaintiff says defendants Sports Backers and Venture Richmond and Road Runners, acting under the name “Richmond Road Runners Club,” organized, conducted and/or sponsored the Filthy 5k Mud Run at Brown’s Island on May 14, 2010. Plaintiff says the final “Muddy Pool” was designed and operated in such a manner that it was particularly shallow with a hard and uneven bottom. Plaintiff says that agents of defendant encouraged participants to “hit it” or “dive” into the “Muddy Pool.” Plaintiff says he and other race participants were not warned of the hazards, and plaintiff went down and struck the bottom of the pool, suffering devastating and permanent injuries, including partial paralysis. Plaintiff seeks judgment in principal sum of $30 million.
Law firm: Marks & Harrison; and Roeder, Cochran & Haight
Filed: 5/8/2012. CL12002104 [private]

Ricky Webb v. Norfolk Southern Railway Co.
On Aug. 10, 2011, plaintiff says that he was employed by defendant as an engineer working in or near Crewe, Va., at its Crewe railyard. Plaintiff says because of violations of Norfolk Southern operating rules, he was thrown out of his seat and struck his body against parts of the engine crew cab interior, causing significant injuries. Plaintiff seeks judgment in principal amount of $6 million.
Law firm: Shapiro, Lewis & Appleton
Filed: 5/9/2012. CL12002112

Linda Fox, as administrator of the estate of Frederick B. Fox, deceased v. CSX Transportation Inc.
Plaintiff says decedent was employed as a conductor/brakeman for defendant from September 1973 to 1990 and from 1996 to 2005, that he was exposed to toxic and hazardous substances, and that expert review of decedent’s medical records and autopsy report a causal relationship between decedent’s workplace exposure to hazardous substances including but not limited to coal dust and his untimely death on Aug. 6, 2010. Plaintiff alleges wrongful death and seeks damages in principal sum of $3 million.
Law firm: Hunegs, LeNeave & Kvas; and C. Richard Cranwell
Filed: 5/9/2012. CL12002113

Lemoyne William v. Euro Enterprises Inc. d/b/a Club Aurora
Plaintiff says that on or about June 4, 2010, the plaintiff was an invitee to defendant’s club at 401 E. Grace St., where he stayed for a number of hours. Plaintiff alleges defendant allowed a group of individuals, including Ryan Robinson (“the perpetrator”), to remain in the upstairs bar area after the 2 a.m. closing time and served them alcohol in violation of state and local laws and ABC rules. Plaintiff says defendant knew that a verbal altercation had occurred between a group of individuals with “the perpetrator,” and that defendant failed to escort “the perpetrator” and his group from the premises. Between 2:30 and 2:40 a.m., the people with the plaintiff and the perpetrator’s group began to leave the club. Plaintiff says his group was followed to the front door, and the confrontation became physical, but that he was not a participant in the fighting. Defendant did not attempt to break up or stop the fight or to summon police, plaintiff says. The fight continued on the sidewalk outside the club, and plaintiff says that because of the negligence of defendant, he was assaulted and suffered up to three gunshot wounds while standing on the sidewalk and curtilage of defendant’s premises, and suffered severe and permanent injuries, including paralysis. Plaintiff further alleges that other acts of violence had occurred on the premises, including at least one other shooting that resulted in a homicide. Plaintiff seeks judgment in principal sum of $10 million.
Law firm : Emroch & Kilduff
Filed: 5/9/2012. CL12002114

Wells Fargo Bank, N.A. v. Second Look Capital Inc. f/k/a Virginia Community Development Loan Fund
Plaintiff seeks judgment of at least $182,170.55 for failure to pay a note.
Law firm: Kutak Rock
Filed: 5/10/2012. CL12002126

Chesterfield

Brisben Lakeview LP and The Vistas Apartments LP v. Old Dominion Septic Rooter Service LLC
This is a garnishment of $69,825.25.
Law firm: Hairfield Morton Watson Adams Sommers
Filed: 5/4/2012. CL12001366

Alfred Lewis Bean v. Stefi Enterprises Inc.
In 2010, plaintiff was employed full time for Super Valu and obtained part-time employment with defendant when he was employed as a truck driver. During his employment with both, plaintiff was required to undergo random tests for drugs and alcohol. While employed with defendant, plaintiff twice took a test and passed each test. Plaintiff says he, and other employees, had difficulty being paid by defendant, and that he voluntarily left on Dec. 21, 2010, because a bank refused to cash a paycheck because of insufficient funds. On Feb. 14, 2012, plaintiff made application for employment as a driver with Abilene Motors Express and was immediately hired because of his long and steady work record. On or about Feb. 22, 2012, plaintiff was told that he had an unsatisfactory employment verification from defendant in which defendant advised Abilene that plaintiff had refused to take a random drug screening in December 2010. Abilene gave plaintiff a week to clear up the matter, but defendant refused to correct their false statement, plaintiff says, and because of the defamatory statements, plaintiff was terminated by Abilene. Plaintiff seeks compensatory damages of $100,000, and punitive damages of $150,000.
Law firm: JeRoyd W. Greene III
Filed: 5/9/2012. CL12001404

Mid-Atlantic Volleyball Club Inc. v. Timothy Lee Holt; and Max Print & Mail Inc.
Mid-Atlantic Volleyball club clams that Lee Holt converted Mid-Atlantic’s funds, breached his fiduciary duties to Mid-Atlantic, and made unauthorized charges on Parham’s personal credit card, among other nefarious and illegal activities, causing harm to Mid-Atlantic. Plaintiff says Holt’s activities have resulted in nearly half of Mid-Atlantic’s members leaving the club. Plaintiff seeks judgment of not less than $116,409.41; punitive damages of $350,000; attorney’s fees; an accounting of all of Holt’s and MPM’s finances from the time period Jan. 1, 2011, to the date of the accounting; a constructive trust of all of Holt’s and MPM’s assets until Mid-Atlantic can be made whole from the constructive trust for the damages caused by Holt and MPM; an order removing Holt as a director of Mid-Atlantic; and other relief.
Law firm: LeClairRyan
Filed: 5/11/2012. CL12001440

Sherry L. Marotta, personal representative of Joseph Briggs Marotta, deceased, and executor of his estate v. Cavalier Hose + Fitting Mobile Division LLC; Cavalier Hose and Fittings, Richmond LLC; Cavalier Hose and Fittings, Logging Division LLC; Cavalier Hose and Fittings, Farmville Division; and Desmond Takayus Pulliam
Plaintiff alleges that defendant Pulliam was negligent, proximately causing Joseph Marotta to be injured, resulting in his death, and additionally alleges vicarious liability as to Pulliam’s employer, Cavalier Hose and Fittings. On or about Feb. 9, 2012, plaintiff says, defendant Pulliam was working on a heavy piece of equipment, a John Deere Loader, and negligently failed to either lower a heavy arm or boom and/or to manually lock the arm or boom in place, which resulted in injury and death to Marotta when the arm fell on top of him, crushing him. Plaintiff seeks compensatory damages in principal sum of $10 million, and $350,000 in punitive damages.
Law firm: Thomas H. Roberts & Associates
Filed: 5/14/2012. CL12001441

Julie Vazquez v. S.L. Nusbaum Realty Co.; and Genito Glenn LP; and Genito Glenn G.P. Corp.
This action is brought for alleged property damages, inconvenience, attorney fees, personal injury, expenses and costs for damages resulting from mold and moisture contamination and other “damp indoor space” contaminates in her rented apartment at 4006 Hailey Crescent Drive, Midlothian. Plaintiff seeks property damages in the sum of $40,000, compensatory damages for personal injury in amount of $350,000, and punitive damages of $250,000.
Law firm: The Environmental Law Group PLLC
Filed: 5/11/2012. CL12001442

Henrico

Brook Tafel and Starmont Ventures LLC v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs purchased Outdoor Lighting Perspectives franchises in Louisville, Ky., in November 2002 and in Lexington, Ky., in May 2004. 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; and Marks & Klein
Filed: 4/30/2012. CL12001270

Clay Johnston and Johnston Point Enterprises Inc. v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs joined Outdoor Lighting Perspectives in August 2002 when they signed their Roanoke, Va., franchise agreement. Plaintiffs renewed their Roanoke agreement in August 2007, and their Richmond and Charlottesville agreements in January 2009. Plaintiffs say that through years of mismanagement and poor leadership from defendant, that plaintiffs’ franchise locations are 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; and Marks & Klein
Filed: 4/30/2012. CL12001274

SunTrust Bank v. Superior Railing Inc.
This is a garnishment of $109,935.61.
Law firm: Spotts Fain
Filed: 5/1/2012. CL12001339

Manesh Gupta and Niksoft Systems Corp. v. Mercedes-Benz USA LLC
On or about Dec. 26, 2009, plaintiff purchased a 2010 Mercedes-Benz S550 for $104,255, which included a three-year or 36,000-mile warranty for bumper-to-bumper coverage. Shortly after taking possession of the vehicle, plaintiff says it began experiencing various defects, included but not limited to the engine, drivability, stalling, the transmission, ABS systems and sunroof. Plaintiff alleges breach of written warranty, breach of implied warranty, breach of express warranty, and says Virginia’s “Lemon Law” applies. Plaintiff seeks damages in principal sum of $104,255.
Law firm: Alex Simanovsky & Associates
Filed: 5/7/2012. CL12001347

Hugh C. Palmer and Shannon P. Brooks v. Verinas Farms Inc.; and Raymond P. Walls; and Alan Wayne Thomas
On or about April 1, 2002, Verinas Farms executed a note promising to repay plaintiff $120,000. Plaintiff says defendants have failed to make timely and proper payment and seeks judgment in principal sum of $46,883.59.
Law firm: The Law Office of E. Sean Tluchak
Filed: 5/8/2012. CL12001348

SunTrust Mortgage Inc. v. Mid Valley Services Inc.
Plaintiff alleges breach of contract and seeks to recover losses in principal sum of $284,204.35.
Law firm: Wolfe & Wyman
Filed: 5/10/2012. CL12001374

Kathleen Dianne Conway v. Glen Allen Community Center; and Glen Allen Youth Athletic Association
Plaintiff says that on or about May 27, 2010, she went to premises to attend her grandson’s youth baseball game and that as she approached the baseball fields from the parking lot she fell over an irregular metal strip protruding from the ground and hidden from her view by grass. Plaintiff seeks judgment in principal sum of $100,000.
Law firm: Sanford B. Norman
Filed: 5/14/2012. CL12001381

Superior Trim and Door Inc. v. KBS Inc.
On or about April 21, 2010, plaintiff says KBS entered into a subcontract with plaintiff to perform labor for the installation of certain doors and windows during construction of Monticello Lakeside Apartments. Plaintiff says defendant refused to make final payment and seeks judgment in principal sum of $33,104.14.
Law firm: The Law Office of Christopher G. Hill
Filed: 5/14/2012. CL12001394 [/private]


Richmond

Robert Alfred Fecteau II v. Venture Richmond Inc.; and Metropolitan Sports Backers Inc. d/b/a Richmond Sports Backers; and The Road Runners Club of America Inc.; and Jon Lugbill; and John A. Raigins
(This suit is similar to one filed in January by the same plaintiff ). Plaintiff says defendants Sports Backers and Venture Richmond and Road Runners, acting under the name “Richmond Road Runners Club,” organized, conducted and/or sponsored the Filthy 5k Mud Run at Brown’s Island on May 14, 2010. Plaintiff says the final “Muddy Pool” was designed and operated in such a manner that it was particularly shallow with a hard and uneven bottom. Plaintiff says that agents of defendant encouraged participants to “hit it” or “dive” into the “Muddy Pool.” Plaintiff says he and other race participants were not warned of the hazards, and plaintiff went down and struck the bottom of the pool, suffering devastating and permanent injuries, including partial paralysis. Plaintiff seeks judgment in principal sum of $30 million.
Law firm: Marks & Harrison; and Roeder, Cochran & Haight
Filed: 5/8/2012. CL12002104 [private]

Ricky Webb v. Norfolk Southern Railway Co.
On Aug. 10, 2011, plaintiff says that he was employed by defendant as an engineer working in or near Crewe, Va., at its Crewe railyard. Plaintiff says because of violations of Norfolk Southern operating rules, he was thrown out of his seat and struck his body against parts of the engine crew cab interior, causing significant injuries. Plaintiff seeks judgment in principal amount of $6 million.
Law firm: Shapiro, Lewis & Appleton
Filed: 5/9/2012. CL12002112

Linda Fox, as administrator of the estate of Frederick B. Fox, deceased v. CSX Transportation Inc.
Plaintiff says decedent was employed as a conductor/brakeman for defendant from September 1973 to 1990 and from 1996 to 2005, that he was exposed to toxic and hazardous substances, and that expert review of decedent’s medical records and autopsy report a causal relationship between decedent’s workplace exposure to hazardous substances including but not limited to coal dust and his untimely death on Aug. 6, 2010. Plaintiff alleges wrongful death and seeks damages in principal sum of $3 million.
Law firm: Hunegs, LeNeave & Kvas; and C. Richard Cranwell
Filed: 5/9/2012. CL12002113

Lemoyne William v. Euro Enterprises Inc. d/b/a Club Aurora
Plaintiff says that on or about June 4, 2010, the plaintiff was an invitee to defendant’s club at 401 E. Grace St., where he stayed for a number of hours. Plaintiff alleges defendant allowed a group of individuals, including Ryan Robinson (“the perpetrator”), to remain in the upstairs bar area after the 2 a.m. closing time and served them alcohol in violation of state and local laws and ABC rules. Plaintiff says defendant knew that a verbal altercation had occurred between a group of individuals with “the perpetrator,” and that defendant failed to escort “the perpetrator” and his group from the premises. Between 2:30 and 2:40 a.m., the people with the plaintiff and the perpetrator’s group began to leave the club. Plaintiff says his group was followed to the front door, and the confrontation became physical, but that he was not a participant in the fighting. Defendant did not attempt to break up or stop the fight or to summon police, plaintiff says. The fight continued on the sidewalk outside the club, and plaintiff says that because of the negligence of defendant, he was assaulted and suffered up to three gunshot wounds while standing on the sidewalk and curtilage of defendant’s premises, and suffered severe and permanent injuries, including paralysis. Plaintiff further alleges that other acts of violence had occurred on the premises, including at least one other shooting that resulted in a homicide. Plaintiff seeks judgment in principal sum of $10 million.
Law firm : Emroch & Kilduff
Filed: 5/9/2012. CL12002114

Wells Fargo Bank, N.A. v. Second Look Capital Inc. f/k/a Virginia Community Development Loan Fund
Plaintiff seeks judgment of at least $182,170.55 for failure to pay a note.
Law firm: Kutak Rock
Filed: 5/10/2012. CL12002126

Chesterfield

Brisben Lakeview LP and The Vistas Apartments LP v. Old Dominion Septic Rooter Service LLC
This is a garnishment of $69,825.25.
Law firm: Hairfield Morton Watson Adams Sommers
Filed: 5/4/2012. CL12001366

Alfred Lewis Bean v. Stefi Enterprises Inc.
In 2010, plaintiff was employed full time for Super Valu and obtained part-time employment with defendant when he was employed as a truck driver. During his employment with both, plaintiff was required to undergo random tests for drugs and alcohol. While employed with defendant, plaintiff twice took a test and passed each test. Plaintiff says he, and other employees, had difficulty being paid by defendant, and that he voluntarily left on Dec. 21, 2010, because a bank refused to cash a paycheck because of insufficient funds. On Feb. 14, 2012, plaintiff made application for employment as a driver with Abilene Motors Express and was immediately hired because of his long and steady work record. On or about Feb. 22, 2012, plaintiff was told that he had an unsatisfactory employment verification from defendant in which defendant advised Abilene that plaintiff had refused to take a random drug screening in December 2010. Abilene gave plaintiff a week to clear up the matter, but defendant refused to correct their false statement, plaintiff says, and because of the defamatory statements, plaintiff was terminated by Abilene. Plaintiff seeks compensatory damages of $100,000, and punitive damages of $150,000.
Law firm: JeRoyd W. Greene III
Filed: 5/9/2012. CL12001404

Mid-Atlantic Volleyball Club Inc. v. Timothy Lee Holt; and Max Print & Mail Inc.
Mid-Atlantic Volleyball club clams that Lee Holt converted Mid-Atlantic’s funds, breached his fiduciary duties to Mid-Atlantic, and made unauthorized charges on Parham’s personal credit card, among other nefarious and illegal activities, causing harm to Mid-Atlantic. Plaintiff says Holt’s activities have resulted in nearly half of Mid-Atlantic’s members leaving the club. Plaintiff seeks judgment of not less than $116,409.41; punitive damages of $350,000; attorney’s fees; an accounting of all of Holt’s and MPM’s finances from the time period Jan. 1, 2011, to the date of the accounting; a constructive trust of all of Holt’s and MPM’s assets until Mid-Atlantic can be made whole from the constructive trust for the damages caused by Holt and MPM; an order removing Holt as a director of Mid-Atlantic; and other relief.
Law firm: LeClairRyan
Filed: 5/11/2012. CL12001440

Sherry L. Marotta, personal representative of Joseph Briggs Marotta, deceased, and executor of his estate v. Cavalier Hose + Fitting Mobile Division LLC; Cavalier Hose and Fittings, Richmond LLC; Cavalier Hose and Fittings, Logging Division LLC; Cavalier Hose and Fittings, Farmville Division; and Desmond Takayus Pulliam
Plaintiff alleges that defendant Pulliam was negligent, proximately causing Joseph Marotta to be injured, resulting in his death, and additionally alleges vicarious liability as to Pulliam’s employer, Cavalier Hose and Fittings. On or about Feb. 9, 2012, plaintiff says, defendant Pulliam was working on a heavy piece of equipment, a John Deere Loader, and negligently failed to either lower a heavy arm or boom and/or to manually lock the arm or boom in place, which resulted in injury and death to Marotta when the arm fell on top of him, crushing him. Plaintiff seeks compensatory damages in principal sum of $10 million, and $350,000 in punitive damages.
Law firm: Thomas H. Roberts & Associates
Filed: 5/14/2012. CL12001441

Julie Vazquez v. S.L. Nusbaum Realty Co.; and Genito Glenn LP; and Genito Glenn G.P. Corp.
This action is brought for alleged property damages, inconvenience, attorney fees, personal injury, expenses and costs for damages resulting from mold and moisture contamination and other “damp indoor space” contaminates in her rented apartment at 4006 Hailey Crescent Drive, Midlothian. Plaintiff seeks property damages in the sum of $40,000, compensatory damages for personal injury in amount of $350,000, and punitive damages of $250,000.
Law firm: The Environmental Law Group PLLC
Filed: 5/11/2012. CL12001442

Henrico

Brook Tafel and Starmont Ventures LLC v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs purchased Outdoor Lighting Perspectives franchises in Louisville, Ky., in November 2002 and in Lexington, Ky., in May 2004. 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; and Marks & Klein
Filed: 4/30/2012. CL12001270

Clay Johnston and Johnston Point Enterprises Inc. v. Outdoor Lighting Perspectives Franchising Inc.
Plaintiffs joined Outdoor Lighting Perspectives in August 2002 when they signed their Roanoke, Va., franchise agreement. Plaintiffs renewed their Roanoke agreement in August 2007, and their Richmond and Charlottesville agreements in January 2009. Plaintiffs say that through years of mismanagement and poor leadership from defendant, that plaintiffs’ franchise locations are 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; and Marks & Klein
Filed: 4/30/2012. CL12001274

SunTrust Bank v. Superior Railing Inc.
This is a garnishment of $109,935.61.
Law firm: Spotts Fain
Filed: 5/1/2012. CL12001339

Manesh Gupta and Niksoft Systems Corp. v. Mercedes-Benz USA LLC
On or about Dec. 26, 2009, plaintiff purchased a 2010 Mercedes-Benz S550 for $104,255, which included a three-year or 36,000-mile warranty for bumper-to-bumper coverage. Shortly after taking possession of the vehicle, plaintiff says it began experiencing various defects, included but not limited to the engine, drivability, stalling, the transmission, ABS systems and sunroof. Plaintiff alleges breach of written warranty, breach of implied warranty, breach of express warranty, and says Virginia’s “Lemon Law” applies. Plaintiff seeks damages in principal sum of $104,255.
Law firm: Alex Simanovsky & Associates
Filed: 5/7/2012. CL12001347

Hugh C. Palmer and Shannon P. Brooks v. Verinas Farms Inc.; and Raymond P. Walls; and Alan Wayne Thomas
On or about April 1, 2002, Verinas Farms executed a note promising to repay plaintiff $120,000. Plaintiff says defendants have failed to make timely and proper payment and seeks judgment in principal sum of $46,883.59.
Law firm: The Law Office of E. Sean Tluchak
Filed: 5/8/2012. CL12001348

SunTrust Mortgage Inc. v. Mid Valley Services Inc.
Plaintiff alleges breach of contract and seeks to recover losses in principal sum of $284,204.35.
Law firm: Wolfe & Wyman
Filed: 5/10/2012. CL12001374

Kathleen Dianne Conway v. Glen Allen Community Center; and Glen Allen Youth Athletic Association
Plaintiff says that on or about May 27, 2010, she went to premises to attend her grandson’s youth baseball game and that as she approached the baseball fields from the parking lot she fell over an irregular metal strip protruding from the ground and hidden from her view by grass. Plaintiff seeks judgment in principal sum of $100,000.
Law firm: Sanford B. Norman
Filed: 5/14/2012. CL12001381

Superior Trim and Door Inc. v. KBS Inc.
On or about April 21, 2010, plaintiff says KBS entered into a subcontract with plaintiff to perform labor for the installation of certain doors and windows during construction of Monticello Lakeside Apartments. Plaintiff says defendant refused to make final payment and seeks judgment in principal sum of $33,104.14.
Law firm: The Law Office of Christopher G. Hill
Filed: 5/14/2012. CL12001394 [/private]

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