The Docket: Local court roundup for 9.20.12


Chesterfield

Powell Aquatics v. Greater Richmond Aquatics Partnership
In a contract dated June 30, 2011, plaintiff says it agreed to provide services and goods to defendant with the construction of aquatic amenities to property that defendant leased in Chesterfield. Plaintiff says defendant improperly terminated the contract by letter dated April 13, 2012, and alleges it has been damaged as a result of wrongful termination, delays in the work, changed work scope and accelerated schedule. Plaintiff seeks judgment in principal sum of not less than $100,000.
Law firm: John S. Wilson of Wilson & McIntyre
Filed: 9/11/2012. CL12002734[private]

Henrico

Keystone Foam Corp. v. International Foam Packaging LLC
Plaintiff says it manufactured and shipped defendant polyurethane foam packaging and shipping materials for use in defendant’s business. Plaintiff says it prepared and issued orders during December 2011 through June 2012 for which defendant has failed to pay a large portion of the charges. Plaintiff alleges breach of contract and seeks judgment in principal sum of $539,937.76.
Law firm: Andrew Biondi of Sands Anderson
Filed: 9/10/2012. CL12002561

Jessica M. Griffin v. Baxter Healthcare Corp.; and Baxter International Inc.
Plaintiff says she had aortic aneurysm surgery performed at University of Virginia Medical Center on Sept. 16, 2010, and additional surgery on Sept. 17, 2010, due to complications. During the night of Sept. 17-18, 2010, plaintiff says she became overly sedated as a result of narcotic medications she was receiving through defendant’s PCA pump and her IV. On the morning of Sept. 18, plaintiff was found to be paralyzed. Plaintiff alleges negligence and breach of warranty and seeks judgment in principal sum of $10 million.
Law firm: Stephan D. Annand of Mullens & Mullens; and Wallace B. Wason Jr. of Jones, Blechman, Woltz & Kelly
Filed: 9/13/2012. CL12002614

Richmond

Linda Ritter v. The Restaurant Company d/b/a Arby’s; and Rochelle Holding Company
Plaintiff says that on or about Nov. 5, 2010, in the restaurant at 9080 W. Broad St., she was standing in line to order and purchase food. At the same time, and unbeknownst to her, plaintiff says an employee was mopping the floor behind her. As she turned, plaintiff says she fell on the wet and slippery floor. Plaintiff seeks judgment in principal sum of $74,500.
Law firm: Priscilla R. Woody of Allen, Allen, Allen & Allen
Filed: 9/12/2012. CL12003972

Anita B. Salomonsky and H. Louis Salomonsky v. Vacation Village at Bonaventure 1; Dailey Management; and Conrad Credit Corp.
Plaintiffs purchased a timeshare at Bonaventure in Fort Lauderdale, Fla., in November 2006. Once a year, plaintiffs say, a maintenance fee and real estate bill was mailed in October and due in January. Plaintiffs say they received and paid the bill in a timely manner in 2007, 2008 and 2009. In October 2010, the annual bill was mailed to an incorrect address and returned to the sender (Dailey) as being undeliverable. Plaintiffs say they first discovered the wrong billing on Aug. 22, 2011, when they received a notice from defendant Conrad stating that plaintiffs’ account had been referred to collections. Plaintiffs say they contacted Conrad and paid the bill in full on Aug 23, 2011. Plaintiffs say they advised Conrad to make sure there was no adverse credit reported, and allege that unbeknownst to them, defendant Conrad had already wrongfully published false and derogatory statements to credit reporting agencies. The statements were published to the credit reporting agencies on Aug. 15, 2011, plaintiffs allege, a week before they received request for payment. In September 2011, plaintiffs applied to MetLife for a home loan, and say they were turned down because of defendants’ false statements to Equifax and Transunion. Plaintiffs say defendants’ actions and defamation have damaged their credit and have delayed and jeopardized several business loans arranged with MetLife, and that defendants have refused to correct their mistakes to the credit reporting agencies. Plaintiffs allege defamation per se and negligence, and seek judgment in principal sum of $70,000.
Law firm: Steven S. Biss
Filed: 9/13/2012. CL12003982

Alumiramp Inc. v. Paradapt Equipment Services Inc.
Plaintiff says that from on or about April 7, 2010, through on or about June 21, 2010, defendant ordered from plaintiff various ramps and associated equipment, parts and supplies. Plaintiff says defendant is indebted to it, and seeks judgment in principal sum of $36,900.75.
Law firm: Stephen A. Angelidis of Steingold & Angelidis
Filed: 9/14/2012. CL12004000

Edward Herod v. Fisher & Son Co. Inc.
Plaintiff says defendant entered into a representative agreement with him on May 31, 2011, which on its face purported to be a contract for personal services by plaintiff, but that in reality, defendant was assuming control of plaintiff’s business, Herod Seeds Inc., and the consideration called for in the agreement was for a transfer of the business. Plaintiff says defendant assumed immediate control of Herod Seeds and began operating out of Herod Seeds’ former location at 1400 Ingram Ave. in Richmond. Plaintiff says he was to receive base compensation of $11,480 per month for five years, plus commissions of 8 percent for all excess gross profits. Plaintiff says defendant made the required minimum payments in June, July and August 2011, but stopped with the payment due Sept. 1, 2011. Plaintiff, on or about Sept. 28, 2011, filed suit for breach of agreement in General District Court in the City of Richmond, which is presently on appeal. Plaintiff says additional installments have gone unpaid. Plaintiff alleges breach of contract and seeks judgment in principal sum of $137,760.
Law firm: John R. Walk of Hirschler Fleischer
Filed: 9/14/2012. CL12004008

State Farm Fire and Casualty Co. a/s/o Samuel and Danielle Liebovich v. 3PD Inc.
Plaintiff contends that on or about May 18, 2010, defendant delivered and installed a dryer in the Liebovich home in Norfolk. During installation, plaintiff says, an adjacent washing machine was repositioned, causing the water drain line to become dislodged and/or disconnected, and on or about May 21, 2010, the washing machine overflowed, causing damage to the residence and personal property. Plaintiff seeks judgment in principal sum of $36,990.59.
Law firm: Joel W. Morgan and Suzanne M. Lim of Brenner, Evans & Millman
Filed: 9/17/2012. CL12004019[/private]


Chesterfield

Powell Aquatics v. Greater Richmond Aquatics Partnership
In a contract dated June 30, 2011, plaintiff says it agreed to provide services and goods to defendant with the construction of aquatic amenities to property that defendant leased in Chesterfield. Plaintiff says defendant improperly terminated the contract by letter dated April 13, 2012, and alleges it has been damaged as a result of wrongful termination, delays in the work, changed work scope and accelerated schedule. Plaintiff seeks judgment in principal sum of not less than $100,000.
Law firm: John S. Wilson of Wilson & McIntyre
Filed: 9/11/2012. CL12002734[private]

Henrico

Keystone Foam Corp. v. International Foam Packaging LLC
Plaintiff says it manufactured and shipped defendant polyurethane foam packaging and shipping materials for use in defendant’s business. Plaintiff says it prepared and issued orders during December 2011 through June 2012 for which defendant has failed to pay a large portion of the charges. Plaintiff alleges breach of contract and seeks judgment in principal sum of $539,937.76.
Law firm: Andrew Biondi of Sands Anderson
Filed: 9/10/2012. CL12002561

Jessica M. Griffin v. Baxter Healthcare Corp.; and Baxter International Inc.
Plaintiff says she had aortic aneurysm surgery performed at University of Virginia Medical Center on Sept. 16, 2010, and additional surgery on Sept. 17, 2010, due to complications. During the night of Sept. 17-18, 2010, plaintiff says she became overly sedated as a result of narcotic medications she was receiving through defendant’s PCA pump and her IV. On the morning of Sept. 18, plaintiff was found to be paralyzed. Plaintiff alleges negligence and breach of warranty and seeks judgment in principal sum of $10 million.
Law firm: Stephan D. Annand of Mullens & Mullens; and Wallace B. Wason Jr. of Jones, Blechman, Woltz & Kelly
Filed: 9/13/2012. CL12002614

Richmond

Linda Ritter v. The Restaurant Company d/b/a Arby’s; and Rochelle Holding Company
Plaintiff says that on or about Nov. 5, 2010, in the restaurant at 9080 W. Broad St., she was standing in line to order and purchase food. At the same time, and unbeknownst to her, plaintiff says an employee was mopping the floor behind her. As she turned, plaintiff says she fell on the wet and slippery floor. Plaintiff seeks judgment in principal sum of $74,500.
Law firm: Priscilla R. Woody of Allen, Allen, Allen & Allen
Filed: 9/12/2012. CL12003972

Anita B. Salomonsky and H. Louis Salomonsky v. Vacation Village at Bonaventure 1; Dailey Management; and Conrad Credit Corp.
Plaintiffs purchased a timeshare at Bonaventure in Fort Lauderdale, Fla., in November 2006. Once a year, plaintiffs say, a maintenance fee and real estate bill was mailed in October and due in January. Plaintiffs say they received and paid the bill in a timely manner in 2007, 2008 and 2009. In October 2010, the annual bill was mailed to an incorrect address and returned to the sender (Dailey) as being undeliverable. Plaintiffs say they first discovered the wrong billing on Aug. 22, 2011, when they received a notice from defendant Conrad stating that plaintiffs’ account had been referred to collections. Plaintiffs say they contacted Conrad and paid the bill in full on Aug 23, 2011. Plaintiffs say they advised Conrad to make sure there was no adverse credit reported, and allege that unbeknownst to them, defendant Conrad had already wrongfully published false and derogatory statements to credit reporting agencies. The statements were published to the credit reporting agencies on Aug. 15, 2011, plaintiffs allege, a week before they received request for payment. In September 2011, plaintiffs applied to MetLife for a home loan, and say they were turned down because of defendants’ false statements to Equifax and Transunion. Plaintiffs say defendants’ actions and defamation have damaged their credit and have delayed and jeopardized several business loans arranged with MetLife, and that defendants have refused to correct their mistakes to the credit reporting agencies. Plaintiffs allege defamation per se and negligence, and seek judgment in principal sum of $70,000.
Law firm: Steven S. Biss
Filed: 9/13/2012. CL12003982

Alumiramp Inc. v. Paradapt Equipment Services Inc.
Plaintiff says that from on or about April 7, 2010, through on or about June 21, 2010, defendant ordered from plaintiff various ramps and associated equipment, parts and supplies. Plaintiff says defendant is indebted to it, and seeks judgment in principal sum of $36,900.75.
Law firm: Stephen A. Angelidis of Steingold & Angelidis
Filed: 9/14/2012. CL12004000

Edward Herod v. Fisher & Son Co. Inc.
Plaintiff says defendant entered into a representative agreement with him on May 31, 2011, which on its face purported to be a contract for personal services by plaintiff, but that in reality, defendant was assuming control of plaintiff’s business, Herod Seeds Inc., and the consideration called for in the agreement was for a transfer of the business. Plaintiff says defendant assumed immediate control of Herod Seeds and began operating out of Herod Seeds’ former location at 1400 Ingram Ave. in Richmond. Plaintiff says he was to receive base compensation of $11,480 per month for five years, plus commissions of 8 percent for all excess gross profits. Plaintiff says defendant made the required minimum payments in June, July and August 2011, but stopped with the payment due Sept. 1, 2011. Plaintiff, on or about Sept. 28, 2011, filed suit for breach of agreement in General District Court in the City of Richmond, which is presently on appeal. Plaintiff says additional installments have gone unpaid. Plaintiff alleges breach of contract and seeks judgment in principal sum of $137,760.
Law firm: John R. Walk of Hirschler Fleischer
Filed: 9/14/2012. CL12004008

State Farm Fire and Casualty Co. a/s/o Samuel and Danielle Liebovich v. 3PD Inc.
Plaintiff contends that on or about May 18, 2010, defendant delivered and installed a dryer in the Liebovich home in Norfolk. During installation, plaintiff says, an adjacent washing machine was repositioned, causing the water drain line to become dislodged and/or disconnected, and on or about May 21, 2010, the washing machine overflowed, causing damage to the residence and personal property. Plaintiff seeks judgment in principal sum of $36,990.59.
Law firm: Joel W. Morgan and Suzanne M. Lim of Brenner, Evans & Millman
Filed: 9/17/2012. CL12004019[/private]

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