The Docket: Local court roundup for 10.25.12


Henrico

SunTrust Mortgage Inc. v. Top Flight Financial Inc.
Plaintiff alleges breach of mortgage broker agreement and seeks judgment of not less than $12,467.01.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 10/5/2012. CL12002820[private]

Lee Hy Paving Corp. v. Spinello Companies Inc.; and Safeco Insurance Company of America
Plaintiff says that on or about July 28, 2010, defendant entered into a contract with Henrico County to serve as general contractor in connection with the Broadwater Area Phase II Sanitary Sewer Rehabilitation Project. On or about Aug. 16, 2011, plaintiff says it entered into a subcontract with defendant to furnish and install asphalt, and additional milling and paving. Plaintiff says defendant has failed to pay balance due, and seeks judgment in principal sum of $303,942.
Law firm: Derrick E. Rosser
Filed: 10/10/2012. CL12002829

SunTrust Mortgage Inc. v. Wallick & Volk Inc. f/k/a Wallick and Volk Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $223,619.17.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 10/11/2012. CL12002846

SunTrust Mortgage Inc. v. Navigator Mortgage Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $82,516.60.
Law firm: Brian R.M. Adams and Elliot P. Fitzgerald of Spotts Fain
Filed: 10/9/2012. CL12002862

Deirdre Jackson-Blair v. Carriage Cemetery Services Inc.
Plaintiff says defendant was the owner and occupier of a parcel of property having a deep hole within close proximity of a memorial headstone, which caused plaintiff to fall at Forest Lawn Cemetery on or about Dec. 12, 2010. Plaintiff says she sustained permanent disability, deformity and loss of earning capacity, and seeks judgment in principal sum of $750,000.
Law firm: Robert W. O’Neal of Cannela & O’Neal
Filed: 10/11/2012. CL12002882

SunTrust Mortgage Inc. v. Home Team Equity LLC
Plaintiff alleges breach of contract and indemnification and seeks judgment in principal sum of $466,142.64.
Law firm: L. Scott Bruggemann and Harijot S. Khalsa of Wolfe & Wyman
Filed: 10/11/2012. CL12002884

Performance Food Group Co. LLC, successor in interest to Virginia Foodservice Group Inc. v. Aunt Sarah’s LLC
Plaintiff says defendant has an unpaid balance for goods at its Williamsburg Road location, and seeks judgment in principal sum of $29,719.65.
Law firm: Andrew Biondi of Sands Anderson
Filed: 10/15/2012. CL12002892

SunTrust Mortgage Inc. v. Capital Plus Financial Corporation
Plaintiff alleges breach of contract, indemnification and specific performance and seeks judgment of not less than $494,678.15, and other relief.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 10/17/2012. CL12002923

Brooks & Co. General Contractors Inc. v. Sabot Construction Inc.
Plaintiff says by written contract dated April 13, 2011, that it hired defendant to be its subcontractor on a project for Rising Mount Zion Baptist Church for a fixed price of $354,665. Plaintiff says defendant breached its contract by seeking and obtaining progress payments in excess of amounts properly due and owing, and also by affirming that it had remitted payment to certain of defendant’s sub-subcontractors and suppliers, when, in fact, it had not. Plaintiff says defendant eventually abandoned the project. Plaintiff seeks judgment in principal sum of $49,450.
Law firm: Bradley P. Marrs and Patrick C. Henry II of The Marrs Law Firm
Filed: 10/17/2012. CL12002926

Paige H.D. Roberts v. ECPI College Inc. t/a Medical Careers Institute; Robert Learn, in his personal capacity and as an employee of ECPI; Aegis Therapies Inc.; Carolyn Montgomery, in her personal capacity and as an employee of Aegis; and Mary Beth Foss, in her personal capacity and as an employee of Aegis
Plaintiff says she enrolled as a student at MCI on or about May of 2009, intending to graduate and begin practicing at Roberts Physical Therapy and Massage Inc., along with her husband, Scott Roberts. Classes would be conducted at the Newport News facility, with clinical rotations taking place at various physical therapy entities in Virginia. Plaintiff says she was subjected to harassment, ridicule and bullying by students, including physical violence, and by staff, from May 2009-April 2011, which defendant Learn, an instructor and director of the Physical Therapist Assistant Program, refused to abate or correct. Plaintiff says she was touched on her genitals in front of Learn, but he took no action except to confront plaintiff regarding her failure to wear a red shirt per his personal requirement. Plaintiff contends Learn yelled and screamed at her on several occasions, even chasing her into the women’s restroom and blocking the door. Plaintiff says she suffered retaliation when she made complaints. Plaintiff alleges breach of contract, abduction, assault, common law conspiracy, civil conspiracy, intentional interference with contract, and negligence. Plaintiff seeks judgment of $79.4 million, among other relief.
Law firm: James M. Sitton II
Filed: 10/18/2012. CL12002933

Richmond

Bank of America, N.A. v. Timeless Marine Enterprises Inc.; David Ross; and Katherine Ross
Plaintiff says defendant has defaulted on a note and seeks judgment in principal sum of $328,860.84.
Law firm: Shannon J. Posner and Lisa D. Sparks of the Law Offices of Shannon J. Posner
Filed: 10/16/2012. CL12004473

Virginia Commonwealth University Health Systems Authority (VCUHSA)-Medical College of Virginia Hospitals a/k/a MCVH v. Schneider Electric USA Inc. f/k/a The Square “D” Company t/a Square “D”
These actions concern property damage and other losses arising from an electrical explosion, arcing, fire and power outage that occurred on or about Oct. 17, 2007, at VCU Medical Center. Plaintiff says defendant performed electrical work that day within an electrical room and/or switchgear room, and that the work was performed improperly. Plaintiff says it sustained a loss to its property as well as loss of income and incurred extra expenses due to the inability to use the operating rooms and other facilities. Plaintiff seeks judgment in principal sum of $1,451,903.73.
Law firm: R. Braxton Hill IV, Michael W. Smith and S. Perry Coburn of Christian & Barton; and Gerald F. Belz Jr. of Cozen O’Connor
Filed: 10/16/2012. CL12004478

Oasis Security Group USA v. Skybar Inc. d/b/a Off the Hookah
The parties entered into a contract on or about Jan. 12, 2011, whereby plaintiff agreed to perform security services at Off the Hookah, 140 Virginia St. in Richmond. The contract stipulated, plaintiff says, that plaintiff would charge $15 per man hour and $20 per man hour for one supervisor per night of operations, and that plaintiff would be the sole provider of security. Plaintiff says it was given reliable information that there were at least five other individuals performing security service, resulting in a material breach of contract. Plaintiff seeks damages for what would have been earned, $121,387.50.
Law firm: Suzette L. Hutchens of Hutchens & Hutchens
Filed: 10/17/2012. CL12004480

Chyrelle M. Nalette v. Lanier Parking Meter Services LLC; and the City of Richmond
On or about Sept. 11, 2011, plaintiff says she was walking on the sidewalk on the south side of Cary Street near the intersection of Fourth Street and Cary Street, when she tripped on a rusty pipe staub that protruded out of and extended from the sidewalk, causing her to permanently injure her toe and foot. Plaintiff says the rusty staub was the remnant of a parking meter that was owned and maintained by defendant Lanier within the city-owned and maintained sidewalk. Plaintiff seeks judgment against Lanier and the city, and each of them, for $250,000.
Law firm: F. Neil Cowan Jr. of CowanGates
Filed: 10/17/2012. CL12004486

Morgan Morris v. Regency Finance Co.
On or about June 5, 2005, defendant offered plaintiff an incentive compensation program, plaintiff says. On or about June 29, 2012, plaintiff says he terminated his employment, and on or about June 2012, became employed at Mariner Finance. Plaintiff seeks a declaratory judgment that provisions of the incentive compensation document which prohibit plaintiff from soliciting customers, contacting employees or any other provision which will operate as a restraint of trade and his ability to pursue his chosen occupation, are vague and ambiguous and are therefore unenforceable and void.
Law firm: David P. Morgan of Cravens & Noll
Filed: 10/18/2012. CL2004497

Chesterfield

Joan Barnes v. W.V. McClure Inc. t/a Main Street Homes; Bon Air Exteriors Inc.; and RWC Warranty Administrators LLC
Plaintiff says she and defendant Main Street Homes entered into a contract for a new home, and that home was transferred to her on Nov. 30, 2006. On or about July 2007, plaintiff says she notified defendant of problems with the HVAC system—the return duct was lying on the attic floor 6 feet from where it should have been connected—and that issue was rectified. Plaintiff began noticing what appeared to be water stains on walls and ceilings throughout the house, particularly the master bedroom window, she alleges. She says she was told that her warranty did not cover leaks. On or about June 2010, defendant sent a service technician along with a window company representative, who said there was nothing wrong with the window. Leaking and damage continued to occur, plaintiff says, and samples for mold testing in the bedroom showed a huge amount of mold contamination on or about Oct. 28, 2010. On or about Dec. 6, 2010, plaintiff says she made written request for warranty performance to RWC for structural defects responsible for the water intrusion and leaking issues, which was denied. Plaintiff says she began experiencing severe pulmonary problems, and testing showed her symptoms were related to various kinds of mold. Plaintiff says she has been forced to abandon the home. Plaintiff seeks an award of property damages of $356,000; and a further judgment in principal sum of $1.2 million for personal injuries and medical costs, among other relief.
Law firm: pro se
Filed: 10/19/2012. CL12003128[/private]


Henrico

SunTrust Mortgage Inc. v. Top Flight Financial Inc.
Plaintiff alleges breach of mortgage broker agreement and seeks judgment of not less than $12,467.01.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 10/5/2012. CL12002820[private]

Lee Hy Paving Corp. v. Spinello Companies Inc.; and Safeco Insurance Company of America
Plaintiff says that on or about July 28, 2010, defendant entered into a contract with Henrico County to serve as general contractor in connection with the Broadwater Area Phase II Sanitary Sewer Rehabilitation Project. On or about Aug. 16, 2011, plaintiff says it entered into a subcontract with defendant to furnish and install asphalt, and additional milling and paving. Plaintiff says defendant has failed to pay balance due, and seeks judgment in principal sum of $303,942.
Law firm: Derrick E. Rosser
Filed: 10/10/2012. CL12002829

SunTrust Mortgage Inc. v. Wallick & Volk Inc. f/k/a Wallick and Volk Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $223,619.17.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 10/11/2012. CL12002846

SunTrust Mortgage Inc. v. Navigator Mortgage Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $82,516.60.
Law firm: Brian R.M. Adams and Elliot P. Fitzgerald of Spotts Fain
Filed: 10/9/2012. CL12002862

Deirdre Jackson-Blair v. Carriage Cemetery Services Inc.
Plaintiff says defendant was the owner and occupier of a parcel of property having a deep hole within close proximity of a memorial headstone, which caused plaintiff to fall at Forest Lawn Cemetery on or about Dec. 12, 2010. Plaintiff says she sustained permanent disability, deformity and loss of earning capacity, and seeks judgment in principal sum of $750,000.
Law firm: Robert W. O’Neal of Cannela & O’Neal
Filed: 10/11/2012. CL12002882

SunTrust Mortgage Inc. v. Home Team Equity LLC
Plaintiff alleges breach of contract and indemnification and seeks judgment in principal sum of $466,142.64.
Law firm: L. Scott Bruggemann and Harijot S. Khalsa of Wolfe & Wyman
Filed: 10/11/2012. CL12002884

Performance Food Group Co. LLC, successor in interest to Virginia Foodservice Group Inc. v. Aunt Sarah’s LLC
Plaintiff says defendant has an unpaid balance for goods at its Williamsburg Road location, and seeks judgment in principal sum of $29,719.65.
Law firm: Andrew Biondi of Sands Anderson
Filed: 10/15/2012. CL12002892

SunTrust Mortgage Inc. v. Capital Plus Financial Corporation
Plaintiff alleges breach of contract, indemnification and specific performance and seeks judgment of not less than $494,678.15, and other relief.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 10/17/2012. CL12002923

Brooks & Co. General Contractors Inc. v. Sabot Construction Inc.
Plaintiff says by written contract dated April 13, 2011, that it hired defendant to be its subcontractor on a project for Rising Mount Zion Baptist Church for a fixed price of $354,665. Plaintiff says defendant breached its contract by seeking and obtaining progress payments in excess of amounts properly due and owing, and also by affirming that it had remitted payment to certain of defendant’s sub-subcontractors and suppliers, when, in fact, it had not. Plaintiff says defendant eventually abandoned the project. Plaintiff seeks judgment in principal sum of $49,450.
Law firm: Bradley P. Marrs and Patrick C. Henry II of The Marrs Law Firm
Filed: 10/17/2012. CL12002926

Paige H.D. Roberts v. ECPI College Inc. t/a Medical Careers Institute; Robert Learn, in his personal capacity and as an employee of ECPI; Aegis Therapies Inc.; Carolyn Montgomery, in her personal capacity and as an employee of Aegis; and Mary Beth Foss, in her personal capacity and as an employee of Aegis
Plaintiff says she enrolled as a student at MCI on or about May of 2009, intending to graduate and begin practicing at Roberts Physical Therapy and Massage Inc., along with her husband, Scott Roberts. Classes would be conducted at the Newport News facility, with clinical rotations taking place at various physical therapy entities in Virginia. Plaintiff says she was subjected to harassment, ridicule and bullying by students, including physical violence, and by staff, from May 2009-April 2011, which defendant Learn, an instructor and director of the Physical Therapist Assistant Program, refused to abate or correct. Plaintiff says she was touched on her genitals in front of Learn, but he took no action except to confront plaintiff regarding her failure to wear a red shirt per his personal requirement. Plaintiff contends Learn yelled and screamed at her on several occasions, even chasing her into the women’s restroom and blocking the door. Plaintiff says she suffered retaliation when she made complaints. Plaintiff alleges breach of contract, abduction, assault, common law conspiracy, civil conspiracy, intentional interference with contract, and negligence. Plaintiff seeks judgment of $79.4 million, among other relief.
Law firm: James M. Sitton II
Filed: 10/18/2012. CL12002933

Richmond

Bank of America, N.A. v. Timeless Marine Enterprises Inc.; David Ross; and Katherine Ross
Plaintiff says defendant has defaulted on a note and seeks judgment in principal sum of $328,860.84.
Law firm: Shannon J. Posner and Lisa D. Sparks of the Law Offices of Shannon J. Posner
Filed: 10/16/2012. CL12004473

Virginia Commonwealth University Health Systems Authority (VCUHSA)-Medical College of Virginia Hospitals a/k/a MCVH v. Schneider Electric USA Inc. f/k/a The Square “D” Company t/a Square “D”
These actions concern property damage and other losses arising from an electrical explosion, arcing, fire and power outage that occurred on or about Oct. 17, 2007, at VCU Medical Center. Plaintiff says defendant performed electrical work that day within an electrical room and/or switchgear room, and that the work was performed improperly. Plaintiff says it sustained a loss to its property as well as loss of income and incurred extra expenses due to the inability to use the operating rooms and other facilities. Plaintiff seeks judgment in principal sum of $1,451,903.73.
Law firm: R. Braxton Hill IV, Michael W. Smith and S. Perry Coburn of Christian & Barton; and Gerald F. Belz Jr. of Cozen O’Connor
Filed: 10/16/2012. CL12004478

Oasis Security Group USA v. Skybar Inc. d/b/a Off the Hookah
The parties entered into a contract on or about Jan. 12, 2011, whereby plaintiff agreed to perform security services at Off the Hookah, 140 Virginia St. in Richmond. The contract stipulated, plaintiff says, that plaintiff would charge $15 per man hour and $20 per man hour for one supervisor per night of operations, and that plaintiff would be the sole provider of security. Plaintiff says it was given reliable information that there were at least five other individuals performing security service, resulting in a material breach of contract. Plaintiff seeks damages for what would have been earned, $121,387.50.
Law firm: Suzette L. Hutchens of Hutchens & Hutchens
Filed: 10/17/2012. CL12004480

Chyrelle M. Nalette v. Lanier Parking Meter Services LLC; and the City of Richmond
On or about Sept. 11, 2011, plaintiff says she was walking on the sidewalk on the south side of Cary Street near the intersection of Fourth Street and Cary Street, when she tripped on a rusty pipe staub that protruded out of and extended from the sidewalk, causing her to permanently injure her toe and foot. Plaintiff says the rusty staub was the remnant of a parking meter that was owned and maintained by defendant Lanier within the city-owned and maintained sidewalk. Plaintiff seeks judgment against Lanier and the city, and each of them, for $250,000.
Law firm: F. Neil Cowan Jr. of CowanGates
Filed: 10/17/2012. CL12004486

Morgan Morris v. Regency Finance Co.
On or about June 5, 2005, defendant offered plaintiff an incentive compensation program, plaintiff says. On or about June 29, 2012, plaintiff says he terminated his employment, and on or about June 2012, became employed at Mariner Finance. Plaintiff seeks a declaratory judgment that provisions of the incentive compensation document which prohibit plaintiff from soliciting customers, contacting employees or any other provision which will operate as a restraint of trade and his ability to pursue his chosen occupation, are vague and ambiguous and are therefore unenforceable and void.
Law firm: David P. Morgan of Cravens & Noll
Filed: 10/18/2012. CL2004497

Chesterfield

Joan Barnes v. W.V. McClure Inc. t/a Main Street Homes; Bon Air Exteriors Inc.; and RWC Warranty Administrators LLC
Plaintiff says she and defendant Main Street Homes entered into a contract for a new home, and that home was transferred to her on Nov. 30, 2006. On or about July 2007, plaintiff says she notified defendant of problems with the HVAC system—the return duct was lying on the attic floor 6 feet from where it should have been connected—and that issue was rectified. Plaintiff began noticing what appeared to be water stains on walls and ceilings throughout the house, particularly the master bedroom window, she alleges. She says she was told that her warranty did not cover leaks. On or about June 2010, defendant sent a service technician along with a window company representative, who said there was nothing wrong with the window. Leaking and damage continued to occur, plaintiff says, and samples for mold testing in the bedroom showed a huge amount of mold contamination on or about Oct. 28, 2010. On or about Dec. 6, 2010, plaintiff says she made written request for warranty performance to RWC for structural defects responsible for the water intrusion and leaking issues, which was denied. Plaintiff says she began experiencing severe pulmonary problems, and testing showed her symptoms were related to various kinds of mold. Plaintiff says she has been forced to abandon the home. Plaintiff seeks an award of property damages of $356,000; and a further judgment in principal sum of $1.2 million for personal injuries and medical costs, among other relief.
Law firm: pro se
Filed: 10/19/2012. CL12003128[/private]

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