The Docket: Court roundup for 7.19.12


Richmond

State Farm Fire and Casualty Co. a/s/o Gary Byler v. Sears Holding Corp.; Sears Holdings Inc.; and Robertshaw Controls Co. t/a Invensys Controls

Plaintiff says that on or about July 9, 2007, a Kenmore washing machine in the Byler residence overflowed, damaging the residence and personal property. Plaintiff seeks judgment in principal sum of at least $393,257.86.

Law firm: Brenner, Evans & Millman
Filed: 7/9/2012. CL12003032

Kathrine Matthiesen v. CSH-ING Gayton Terrace LP d/b/a Gayton Terrace; and HBC Manager LLC

Plaintiff says that on June 20, 2011, an employee, agent or servant of defendant pushed a food cart into the plaintiff, causing her to fall and sustain serious injuries. Plaintiff seeks judgment in principal sum of $1 million.

Law firm: Williamson Petty
Filed: 7/10/2012. CL12003036[private]

Angela Williamson Poole and Anthony T. Williamson, co-executors of the estate of Augustine T. Williamson, deceased v. Stuzzi Inc.; and Crate and Barrel Holdings Inc.

Plaintiff’s decedent was present at Stuzzi, a restaurant at 1 N. Belmont Ave., on Sept. 17, 2010. Stuzzi had recently purchased chairs designed, marketed and sold by defendant Crate and Barrel, plaintiff says. When decedent sat in a chair, it collapsed immediately, causing decedent to fall to the floor. Plaintiff seeks judgment of $250,000.

Law firm: Hundley and Johnson
Filed: 7/12/2012. CL12003108

Beulah L. Prestipino v. Maple Leaf of Hanover County Health Care Inc. t/a Hanover Health and Rehabilitation Center; and Medical Facilities of America Inc. t/a Hanover Health and Rehabilitation Center

Plaintiff says she was a patient at the facility from June 15, 2011, until Aug. 10, 2011, and that she was receiving physical and occupational therapy. Plaintiff says defendants negligently diagnosed, cared for and treated her, particularly in providing assistance with transferring and ambulating. Plaintiff fell on Aug. 10, causing severe and permanent injuries, she says. Plaintiff seeks judgment in principal sum of $1.5 million.

Law firm: Emroch & Kilduff
Filed: 7/13/2012. CL12003119

Regina Hill v. Charles Anthony Miller, M.D.; and Bon Secours St. Francis Medical Center Inc.

Plaintiff says defendant Miller performed an elective hysterectomy on her using a da Vinci robot on Aug. 6, 2010. Plaintiff says Miller was in training on the use of the robot. Plaintiff alleges that during the procedure, Miller transected her right ureter but did not recognize the injury or provide any treatment or correction at the time. Plaintiff complained of leakage of what Miller then said was a vesicovaginal fistula, and during another surgery on or about Aug. 24, Miller determined that plaintiff appeared to have an injury to her right ureter that had occurred during the Aug. 6 surgery. Plaintiff subsequently had further surgery and/or surgical procedures including but not limited to procedures at St. Francis. Plaintiff alleges negligence and carelessness and seeks judgment in principal amount of $2 million.

Law firm: Wilson, Updike & Nicely
Filed: 7/13/2012. CL12003130

Padow’s Deli Inc. v. DGJS Enterprises Inc.; David J. Bell; and Virginia W. Bell

Plaintiff is a franchiser of delicatessen restaurants, and on or about June 14, 2006, entered into an agreement with defendant for operation of a restaurant under the “Padow’s Hams & Deli” name and business model in Roanoke. Plaintiff says defendant on or about Jan. 1, 2008, ceased payment of the monthly royalty. Despite notices and opportunity to cure, plaintiff says defendant failed to remit payments and monthly reports. Plaintiff informed defendant in writing that plaintiff was terminating the franchise agreement, effective on or about Dec. 2, 2011. Plaintiff says defendant continued to display, utilize, publish and rely upon proprietary information for at least three months, subsequently changed the name to “Dave’s Barbeque and Deli,” and continues to use the names and marks in its advertising. Plaintiff, among other relief, seeks award of monetary damages as compensation, for defendant’s failure to pay monthly payments, trademark infringement and unfair competition in an amount not to exceed $250,000, an adjudication that David Bell and Virginia Bell are liable for all breaches of agreement, and the issuance of a temporary, and preliminary and permanent injunction restraining and enforcing defendants.

Law firm: Intellectual Property & Commercial Law Group
Filed: 7/17/2012. CL12003150

Henrico

Kaye M. Davis v. MKR Development LLC; Joel Rex Davis; and Melvin Lee Davis Jr.

This is an action to dissolve MKR Development and to recover the sum of $1,189,266.30 from defendants Joel Rex and Melvin Lee Davis for alleged acts of conversion (civil theft) they committed through certain unauthorized financial transactions relating to MKR Development, breaches of MKR’s operating agreement, breaches of fiduciary duties and acts of self-dealing.

Law firm: Allegiant Law
Filed: 7/6/2012. CL12001952

SunTrust Mortgage Inc. v. Genesis Home Mortgage

Plaintiff alleges breach of contract and seeks judgment in principal sum of $409,745.32.

Law firm: Wolfe & Wyman
Filed: 7/6/2012. CL12001953

State Farm Fire and Casualty Co. a/s/o Robyn Young v. Whirlpool Corp.

Plaintiff says that on or about Dec. 11, 2009, the Kenmore dishwasher in the Young residence overflowed and caused water damage. Plaintiff seeks judgment in principal sum of $29,279.31.

Law firm: Brenner, Evans & Millman
Filed: 7/9/2012. CL12001966

Grace Alexander Homes LLC v. B.G. Nelson Inc.

Plaintiff says defendant has refused to pay a note, and seeks judgment in principal sum of $75,000.

Law firm: William K. Dove II & Associates
Filed: 7/10/2012. CL2001977

Ellen Simons v. Paula Foust, M.D.; Leemore Burke, M.D.; and Bon Secours St. Mary’s Hospital

Plaintiff had a total hysterectomy July 16, 2002, performed by defendant Foust and assisted by defendant Burke, plaintiff says. Plaintiff says defendants carelessly lost, left or caused to be left a foreign body in plaintiff’s lower left abdomen/pelvis. At her annual exam on May 16, 2003, plaintiff says she complained of ongoing pain, bulging in pelvic area and numbness of right thigh, and was advised by Foust that these were normal post-surgical issues that should resolve themselves. Plaintiff says she continued to have pain, and after she had an MRI because of an auto accident, the foreign body was discovered. Plaintiff seeks judgment of $750,000.

Law firm: None listed
Filed: 7/11/2012. CL12001978

Ed Johnston & Co. Inc. v. Legacy Title & Closing LLC; and Ausland Homes Inc.

Plaintiff says defendant Ausland and plaintiff entered into a contract whereby plaintiff bought unimproved land in Charles City County from defendant and closed on or about July 7, 2009. Plaintiff contracted with defendant Legacy prior to closing to search the titles of subject property and to obtain title insurance. Plaintiff says that policy did not mention a 150-foot variable with utility easement for Dominion Virginia Power that goes through the southern portion of Lot 2 and through the southern portion of Lot 3, and occupies approximately half of the dwelling house on Lot 3, rendering it virtually worthless. Plaintiff says it was contacted by Dominion in July 2011, after the completion of the home on Lot 3, that the entire home existed within the easement and right of way and would have to be removed. Plaintiff seeks judgment in principal sum of $80,000.

Law firm: Lane & Hamner
Filed: 7/11/2012. CL12001982

Lee Conner Construction Co. Inc. v. Legacy Title & Closing LLC; and Ausland Homes Inc.

Plaintiff says defendant Ausland sold it land in Charles City County, known as Lots 1 and 4 of Buck Ridge Subdivision, on or about July 7, 2009. Defendant Legacy searched the titles. Plaintiff says title policy did not mention a 150-foot variable with utility easement for Dominion Virginia Power. In July 2011, plaintiff says it was contacted by Dominion and advised that the dwelling on Lot 1 existed within the easement and right of way and would have to be removed. Plaintiff seeks judgment in principal sum of $95,000.

Law firm: Lane & Hamner
Filed: 7/11/2012. CL12001983

Darlene Carlyle v. St. Mary’s Ambulatory Surgery Center LLC

Plaintiff says that on or about Jan. 11, 2011, she slipped and fell on ice on the driveway in front of the building at 1501 Maple Ave. Plaintiff seeks judgment in principal sum of $100,000.

Law firm: Gary R. Hershner
Filed: 7/11/2012. CL12001995

Katherine P. Buckner, executor of the estate of Herbert L. Pocklington, deceased v. Richmond Retirement Residence II LLC d/b/a Dogwood Terrace; Harvest Management Sub LLC d/b/a Holiday Retirement; Holiday Retirement Corp.; and Chris Denise Turner

Plaintiff seeks to recover monies wrongfully take from decedent, allegedly by defendant Turner, during Pocklington’s life and while he was a resident of Dogwood Terrace, where Turner was employed as a housecleaner. In addition to providing housecleaning services, plaintiff says, Turner befriended decedent and persuaded decedent to allow Turner to perform side jobs for him including running errands and doing laundry. Plaintiff says Turner exploited decedent’s advanced age, declining mental state and solitary living state to wrongfully induce/push decedent to make payments in excess of $180,000. Defendants’ policies prohibited employees from accepting items of value from residents, but despite such knowledge, plaintiff says defendants allowed Turner to continue to do so. Plaintiff seeks judgment in principal sum of at least $180,000.

Law firm: The Mottley Law Firm
Filed: 7/11/2012. CL12001997

Chesterfield

Electrical Equipment Co. v. Bay Side Electrical Co. Inc. d/b/a Bayside Electric Co. Inc.; Haley Builders Inc.; Fidelity and Deposit Co. of Maryland; James Beninghove; and Sharon K. Beninghove

Plaintiff says it sold materials for a project at Robious Middle School. Plaintiff alleges breach of contract and seeks judgment in principal sum of $10,171.97.

Law firm: Fullerton & Knowles
Filed: 7/16/2012. CL12002128[/private]


Richmond

State Farm Fire and Casualty Co. a/s/o Gary Byler v. Sears Holding Corp.; Sears Holdings Inc.; and Robertshaw Controls Co. t/a Invensys Controls

Plaintiff says that on or about July 9, 2007, a Kenmore washing machine in the Byler residence overflowed, damaging the residence and personal property. Plaintiff seeks judgment in principal sum of at least $393,257.86.

Law firm: Brenner, Evans & Millman
Filed: 7/9/2012. CL12003032

Kathrine Matthiesen v. CSH-ING Gayton Terrace LP d/b/a Gayton Terrace; and HBC Manager LLC

Plaintiff says that on June 20, 2011, an employee, agent or servant of defendant pushed a food cart into the plaintiff, causing her to fall and sustain serious injuries. Plaintiff seeks judgment in principal sum of $1 million.

Law firm: Williamson Petty
Filed: 7/10/2012. CL12003036[private]

Angela Williamson Poole and Anthony T. Williamson, co-executors of the estate of Augustine T. Williamson, deceased v. Stuzzi Inc.; and Crate and Barrel Holdings Inc.

Plaintiff’s decedent was present at Stuzzi, a restaurant at 1 N. Belmont Ave., on Sept. 17, 2010. Stuzzi had recently purchased chairs designed, marketed and sold by defendant Crate and Barrel, plaintiff says. When decedent sat in a chair, it collapsed immediately, causing decedent to fall to the floor. Plaintiff seeks judgment of $250,000.

Law firm: Hundley and Johnson
Filed: 7/12/2012. CL12003108

Beulah L. Prestipino v. Maple Leaf of Hanover County Health Care Inc. t/a Hanover Health and Rehabilitation Center; and Medical Facilities of America Inc. t/a Hanover Health and Rehabilitation Center

Plaintiff says she was a patient at the facility from June 15, 2011, until Aug. 10, 2011, and that she was receiving physical and occupational therapy. Plaintiff says defendants negligently diagnosed, cared for and treated her, particularly in providing assistance with transferring and ambulating. Plaintiff fell on Aug. 10, causing severe and permanent injuries, she says. Plaintiff seeks judgment in principal sum of $1.5 million.

Law firm: Emroch & Kilduff
Filed: 7/13/2012. CL12003119

Regina Hill v. Charles Anthony Miller, M.D.; and Bon Secours St. Francis Medical Center Inc.

Plaintiff says defendant Miller performed an elective hysterectomy on her using a da Vinci robot on Aug. 6, 2010. Plaintiff says Miller was in training on the use of the robot. Plaintiff alleges that during the procedure, Miller transected her right ureter but did not recognize the injury or provide any treatment or correction at the time. Plaintiff complained of leakage of what Miller then said was a vesicovaginal fistula, and during another surgery on or about Aug. 24, Miller determined that plaintiff appeared to have an injury to her right ureter that had occurred during the Aug. 6 surgery. Plaintiff subsequently had further surgery and/or surgical procedures including but not limited to procedures at St. Francis. Plaintiff alleges negligence and carelessness and seeks judgment in principal amount of $2 million.

Law firm: Wilson, Updike & Nicely
Filed: 7/13/2012. CL12003130

Padow’s Deli Inc. v. DGJS Enterprises Inc.; David J. Bell; and Virginia W. Bell

Plaintiff is a franchiser of delicatessen restaurants, and on or about June 14, 2006, entered into an agreement with defendant for operation of a restaurant under the “Padow’s Hams & Deli” name and business model in Roanoke. Plaintiff says defendant on or about Jan. 1, 2008, ceased payment of the monthly royalty. Despite notices and opportunity to cure, plaintiff says defendant failed to remit payments and monthly reports. Plaintiff informed defendant in writing that plaintiff was terminating the franchise agreement, effective on or about Dec. 2, 2011. Plaintiff says defendant continued to display, utilize, publish and rely upon proprietary information for at least three months, subsequently changed the name to “Dave’s Barbeque and Deli,” and continues to use the names and marks in its advertising. Plaintiff, among other relief, seeks award of monetary damages as compensation, for defendant’s failure to pay monthly payments, trademark infringement and unfair competition in an amount not to exceed $250,000, an adjudication that David Bell and Virginia Bell are liable for all breaches of agreement, and the issuance of a temporary, and preliminary and permanent injunction restraining and enforcing defendants.

Law firm: Intellectual Property & Commercial Law Group
Filed: 7/17/2012. CL12003150

Henrico

Kaye M. Davis v. MKR Development LLC; Joel Rex Davis; and Melvin Lee Davis Jr.

This is an action to dissolve MKR Development and to recover the sum of $1,189,266.30 from defendants Joel Rex and Melvin Lee Davis for alleged acts of conversion (civil theft) they committed through certain unauthorized financial transactions relating to MKR Development, breaches of MKR’s operating agreement, breaches of fiduciary duties and acts of self-dealing.

Law firm: Allegiant Law
Filed: 7/6/2012. CL12001952

SunTrust Mortgage Inc. v. Genesis Home Mortgage

Plaintiff alleges breach of contract and seeks judgment in principal sum of $409,745.32.

Law firm: Wolfe & Wyman
Filed: 7/6/2012. CL12001953

State Farm Fire and Casualty Co. a/s/o Robyn Young v. Whirlpool Corp.

Plaintiff says that on or about Dec. 11, 2009, the Kenmore dishwasher in the Young residence overflowed and caused water damage. Plaintiff seeks judgment in principal sum of $29,279.31.

Law firm: Brenner, Evans & Millman
Filed: 7/9/2012. CL12001966

Grace Alexander Homes LLC v. B.G. Nelson Inc.

Plaintiff says defendant has refused to pay a note, and seeks judgment in principal sum of $75,000.

Law firm: William K. Dove II & Associates
Filed: 7/10/2012. CL2001977

Ellen Simons v. Paula Foust, M.D.; Leemore Burke, M.D.; and Bon Secours St. Mary’s Hospital

Plaintiff had a total hysterectomy July 16, 2002, performed by defendant Foust and assisted by defendant Burke, plaintiff says. Plaintiff says defendants carelessly lost, left or caused to be left a foreign body in plaintiff’s lower left abdomen/pelvis. At her annual exam on May 16, 2003, plaintiff says she complained of ongoing pain, bulging in pelvic area and numbness of right thigh, and was advised by Foust that these were normal post-surgical issues that should resolve themselves. Plaintiff says she continued to have pain, and after she had an MRI because of an auto accident, the foreign body was discovered. Plaintiff seeks judgment of $750,000.

Law firm: None listed
Filed: 7/11/2012. CL12001978

Ed Johnston & Co. Inc. v. Legacy Title & Closing LLC; and Ausland Homes Inc.

Plaintiff says defendant Ausland and plaintiff entered into a contract whereby plaintiff bought unimproved land in Charles City County from defendant and closed on or about July 7, 2009. Plaintiff contracted with defendant Legacy prior to closing to search the titles of subject property and to obtain title insurance. Plaintiff says that policy did not mention a 150-foot variable with utility easement for Dominion Virginia Power that goes through the southern portion of Lot 2 and through the southern portion of Lot 3, and occupies approximately half of the dwelling house on Lot 3, rendering it virtually worthless. Plaintiff says it was contacted by Dominion in July 2011, after the completion of the home on Lot 3, that the entire home existed within the easement and right of way and would have to be removed. Plaintiff seeks judgment in principal sum of $80,000.

Law firm: Lane & Hamner
Filed: 7/11/2012. CL12001982

Lee Conner Construction Co. Inc. v. Legacy Title & Closing LLC; and Ausland Homes Inc.

Plaintiff says defendant Ausland sold it land in Charles City County, known as Lots 1 and 4 of Buck Ridge Subdivision, on or about July 7, 2009. Defendant Legacy searched the titles. Plaintiff says title policy did not mention a 150-foot variable with utility easement for Dominion Virginia Power. In July 2011, plaintiff says it was contacted by Dominion and advised that the dwelling on Lot 1 existed within the easement and right of way and would have to be removed. Plaintiff seeks judgment in principal sum of $95,000.

Law firm: Lane & Hamner
Filed: 7/11/2012. CL12001983

Darlene Carlyle v. St. Mary’s Ambulatory Surgery Center LLC

Plaintiff says that on or about Jan. 11, 2011, she slipped and fell on ice on the driveway in front of the building at 1501 Maple Ave. Plaintiff seeks judgment in principal sum of $100,000.

Law firm: Gary R. Hershner
Filed: 7/11/2012. CL12001995

Katherine P. Buckner, executor of the estate of Herbert L. Pocklington, deceased v. Richmond Retirement Residence II LLC d/b/a Dogwood Terrace; Harvest Management Sub LLC d/b/a Holiday Retirement; Holiday Retirement Corp.; and Chris Denise Turner

Plaintiff seeks to recover monies wrongfully take from decedent, allegedly by defendant Turner, during Pocklington’s life and while he was a resident of Dogwood Terrace, where Turner was employed as a housecleaner. In addition to providing housecleaning services, plaintiff says, Turner befriended decedent and persuaded decedent to allow Turner to perform side jobs for him including running errands and doing laundry. Plaintiff says Turner exploited decedent’s advanced age, declining mental state and solitary living state to wrongfully induce/push decedent to make payments in excess of $180,000. Defendants’ policies prohibited employees from accepting items of value from residents, but despite such knowledge, plaintiff says defendants allowed Turner to continue to do so. Plaintiff seeks judgment in principal sum of at least $180,000.

Law firm: The Mottley Law Firm
Filed: 7/11/2012. CL12001997

Chesterfield

Electrical Equipment Co. v. Bay Side Electrical Co. Inc. d/b/a Bayside Electric Co. Inc.; Haley Builders Inc.; Fidelity and Deposit Co. of Maryland; James Beninghove; and Sharon K. Beninghove

Plaintiff says it sold materials for a project at Robious Middle School. Plaintiff alleges breach of contract and seeks judgment in principal sum of $10,171.97.

Law firm: Fullerton & Knowles
Filed: 7/16/2012. CL12002128[/private]

Your subscription has expired. Renew now by choosing a subscription below!

For more informaiton, head over to your profile.

Profile


SUBSCRIBE NOW

TERMS OF SERVICE:

ALL MEMBERSHIPS RENEW AUTOMATICALLY. YOU WILL BE CHARGED FOR A 1 YEAR MEMBERSHIP RENEWAL AT THE RATE IN EFFECT AT THAT TIME UNLESS YOU CANCEL YOUR MEMBERSHIP BY LOGGING IN OR BY CONTACTING [email protected]

ALL CHARGES FOR MONTHLY OR ANNUAL MEMBERSHIPS ARE NONREFUNDABLE.

EACH MEMBERSHIP WILL ONLY FUNCTION ON UP TO 3 MACHINES. ACCOUNTS ABUSING THAT LIMIT WILL BE DISCONTINUED.

FOR ASSISTANCE WITH YOUR MEMEBERSHIP PLEASE EMAIL [email protected]




Return to Homepage

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments