The Docket: Local court roundup for 11.1.12

 

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Henrico

Virginia Baptist Mission Board Inc. d/b/a Eagle Eyrie Baptist Conference Center v. Baptist General Convention of Virginia
Plaintiff says defendant reserved space at Eagle Eyrie convention center in Lynchburg on two separate occasions and has not paid the bill in full. Plaintiff seeks judgment in principal sum of $34,203.16.
Law firm: L.B. Cann III of LeClairRyan
Filed: 10/19/2012. CL12002957[private]

Estes Express Lines Inc. v. General Jack’s Inc.
Plaintiff says it provided transportation services to defendant, and defendant has not paid. Plaintiff seeks judgment of $87,875.35.
Law firm: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 10/19/2012. CL12002982

The Little Oil Company Inc. v PMNK LLC; and Meena Kasabwala
Plaintiff says defendant, located in Buchanan, breached a dealer supply agreement and seeks judgment in principal amount of $144,116.50.
Law firm: Paul S. Bliley Jr. of Williams Mullen
Filed: 10/23/2012. CL12002989

Michele Garrigan v. Creative Energy Corporation of Richmond
Plaintiff says she contracted with defendant to perform certain work in her home, including installation of vinyl siding, shutters and replacement windows. Plaintiff contends that since the work was completed on or about Oct. 13, 2005, she has notified defendant that her home leaked and that she had difficulty opening some windows. More work was done to rectify issues. Plaintiff says that on or about July 22, 2010, defendant informed her that it would no longer provide any services. Plaintiff alleges breach of contract and implicit warranty and breach of express warranty, and seeks judgment in principal sum of $51,443.
Law firm: William A. Young III
Filed: 10/23/2012. CL12002990

State Farm Fire and Casualty Company a/s/o Joshua R. Tannehill v. Masco Home Services Inc. d/b/a Wellhome #812; and Builder Services Group Inc. d/b/a Davenport Insulation
Plaintiff says defendant Davenport, the apparent subcontractor for defendant Wellhome, on or about Dec. 8, 2010, blew and installed insulation in the Tannehill home. That day, plaintiff says, as a direct and proximate result of the failure of Wellhome to perform, the Tannehill home was damaged by fire. Plaintiff seeks judgment in principal sum of $50,000.
Law firm: James C. McCaa III of McKenry, Dancigers, Dawson & Lake
Filed: 10/23/2012. CL12002992

SunTrust Mortgage Inc. v. AMC Mortgage LLC
Plaintiff alleges breach of contract and indemnification and seeks judgment in principal sum of not less than $71,642.85.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 10/26/2012. CL12003010

Richmond

Deborah Bostick v. Boondocks LLC
Plaintiff says that on or about Nov. 9, 2010, she was in the bar/restaurant at 2220 Broad Rock Boulevard, Richmond, owned and operated by Debbie A. Blackburn. While seated at the bar, plaintiff says another patron, William Tate, came up behind her and struck a third patron, Lewis Lloyd, who was positioned next to plaintiff. Plaintiff says she attempted to get out of the way when Tate bumped, pushed or otherwise came into contact with her, causing her to strike her head on a phone-booth and fall to the ground. Plaintiff says she sustained serious injuries. Plaintiff says Tate was well known at Boondocks, and had been banned from the premises by Blackburn on at least one prior occasion. Plaintiff contends defendant knew that Tate has a proclivity toward violence. Plaintiff alleges negligent injury and seeks judgment in principal sum of $5 million.
Law firm: Elliott M. Buckner, Irvin V. Cantor and Stephanie E. Grana of Cantor Stoneburner Ford Grana & Buckner
Filed: 10/18/2012. CL12004591

Allstate Insurance Company a/s/o ABBAA Inc. v. Rosedale Holdings LLC; and Melvin T. Morgan Roofing and Sheet Metal Company Inc.
Plaintiff says defendant Rosedale, in November 2009, leased a portion of a warehouse at 3301 Rosedale Ave. to ABBAA Inc. Prior to Nov. 1, 2010, defendant Rosedale hired defendant Morgan to install a new roof on the building. Plaintiff says ABBAA was not informed of the roofing work. On or about Nov. 1, 2010, defendant Morgan was in the process of roofing work when it breached the water integrity of the existing roof, and caused water to leak onto real and personal property of ABBAA. Plaintiff seeks judgment in principal amount of $500,000.
Law firm: John B. Mesirow of Mesirow & Stravitz; and William N. Clark Jr. of Cozen O’Connor
Filed: 10/22/2012

Mary W. Scott v. James A. Kelly DDS; and Melanie A. Bach, DDS, PLLC
Plaintiff says she was a patient of Bach PLLC from Feb. 12, 2009, through about Sept. 15, 2011. On April 21, 2011, plaintiff presented to Dr. Bach complaining of swelling and pain in the lower right mandible area. Plaintiff says Bach recommended dental implants, and said Dr. Kelly, who worked with Bach, would be able to perform the procedure. Kelly, on April 26, 2011, sectioned a bridge at numbers 29-31, extracted tooth number 31, bone grafted and placed two implants in the area of numbers 30 and 31. Plaintiff says she told Kelly in a phone conversation that evening that she was numb. She contends Kelly should have known that he had violated the mandibular canal with the implant and injured the nerves in the canal. Kelly tried to remove the implant at tooth 31 on April 28 but failed, and plaintiff was referred to an oral surgeon who removed it. Plaintiff was then referred to oral surgeons at Virginia Commonwealth University regarding nerve injury evaluation, and that surgery was performed July 19, 2012. Plaintiff says as a result of breach of duties and negligence she has sustained severe and permanent injuries, and seeks judgment in principal sum of $2.5 million.
Law firm: Thomas W. Williamson Jr. of Williamson Petty
Filed: 10/22/2012 CL12004613

Jeffrey Bush v. Giant Food Stores LLC d/b/a Martin’s Food Stores
Bush says he was injured at work in the Harbour Point store on April 7, 2012, when he fell in the café and fractured his right humerus in several places. Plaintiff alleges he was held in the manager’s office and an hour and a half, denied medical attention, and made to complete paperwork and speak on the phone with a company nurse to evaluate his condition. Once he received medical care that day, plaintiff says, he learned the fracture was severe and that he had suffered nerve damage. On April 10, he underwent surgery and was hospitalized overnight. On April 12, plaintiff says an store assistant manager, Mary Wedlock, demanded that he submit a letter of resignation or be terminated for engaging in horseplay. On April 19, plaintiff says, Wedlock again emailed him demanding his resignation. At some point between April 19 and May 3, Martin’s terminated plaintiff and backdated plaintiff’s termination date to April 10, plaintiff says. Plaintiff alleges defendant failed to afford him the protection of the FMLA, retaliatory discharge and negligence, and seeks judgment in principal sum of $500,000.
Law firm: Blackwell N. Shelley Jr. and Lauren E. Fisher of Shelley and Schulte
Filed: 10/23/2012. CL12004639

Hawkins and Anderson Inc. t/a H&A Architects & Engineers, and CMSS Architects P.C. v. VIP Baseball LLC; VIP Investment Partnership LLC; Tritec Building Company Inc.; Norton Scott LLC; and NA Dulles Real Estate Investor LLC
Plaintiff says CMSS entered into a contract to provide professional services to defendant, and in April 2010, H&A acquired certain assets and assumed certain obligations of CMSS. Plaintiff says defendant has not paid for services, and seeks judgment in principal sum of $212,761.78.
Law firm: Christopher Jones Jr. of Sinnott Nuckols & Logan
Filed: 10/23/2012. CL12004640

Chesterfield

Wanda James v. The Macerich Partnership L.P. d/b/a Chesterfield Towne Center
On or about Aug. 26, 2011, plaintiff says she was caused to slip on a wet substance in the common area of the mall and fall. Plaintiff seeks judgment in principal sum of $60,000.
Law firm: J. David Douthit of Allen, Allen, Allen & Allen
Filed: 10/30/2012. CL12003228[/private]

 

BizSense has just launched the Docket Delivered, a service that emails copies of specific cases to you. If you or your firm needs a case delivered, please email [email protected] 

Henrico

Virginia Baptist Mission Board Inc. d/b/a Eagle Eyrie Baptist Conference Center v. Baptist General Convention of Virginia
Plaintiff says defendant reserved space at Eagle Eyrie convention center in Lynchburg on two separate occasions and has not paid the bill in full. Plaintiff seeks judgment in principal sum of $34,203.16.
Law firm: L.B. Cann III of LeClairRyan
Filed: 10/19/2012. CL12002957[private]

Estes Express Lines Inc. v. General Jack’s Inc.
Plaintiff says it provided transportation services to defendant, and defendant has not paid. Plaintiff seeks judgment of $87,875.35.
Law firm: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 10/19/2012. CL12002982

The Little Oil Company Inc. v PMNK LLC; and Meena Kasabwala
Plaintiff says defendant, located in Buchanan, breached a dealer supply agreement and seeks judgment in principal amount of $144,116.50.
Law firm: Paul S. Bliley Jr. of Williams Mullen
Filed: 10/23/2012. CL12002989

Michele Garrigan v. Creative Energy Corporation of Richmond
Plaintiff says she contracted with defendant to perform certain work in her home, including installation of vinyl siding, shutters and replacement windows. Plaintiff contends that since the work was completed on or about Oct. 13, 2005, she has notified defendant that her home leaked and that she had difficulty opening some windows. More work was done to rectify issues. Plaintiff says that on or about July 22, 2010, defendant informed her that it would no longer provide any services. Plaintiff alleges breach of contract and implicit warranty and breach of express warranty, and seeks judgment in principal sum of $51,443.
Law firm: William A. Young III
Filed: 10/23/2012. CL12002990

State Farm Fire and Casualty Company a/s/o Joshua R. Tannehill v. Masco Home Services Inc. d/b/a Wellhome #812; and Builder Services Group Inc. d/b/a Davenport Insulation
Plaintiff says defendant Davenport, the apparent subcontractor for defendant Wellhome, on or about Dec. 8, 2010, blew and installed insulation in the Tannehill home. That day, plaintiff says, as a direct and proximate result of the failure of Wellhome to perform, the Tannehill home was damaged by fire. Plaintiff seeks judgment in principal sum of $50,000.
Law firm: James C. McCaa III of McKenry, Dancigers, Dawson & Lake
Filed: 10/23/2012. CL12002992

SunTrust Mortgage Inc. v. AMC Mortgage LLC
Plaintiff alleges breach of contract and indemnification and seeks judgment in principal sum of not less than $71,642.85.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 10/26/2012. CL12003010

Richmond

Deborah Bostick v. Boondocks LLC
Plaintiff says that on or about Nov. 9, 2010, she was in the bar/restaurant at 2220 Broad Rock Boulevard, Richmond, owned and operated by Debbie A. Blackburn. While seated at the bar, plaintiff says another patron, William Tate, came up behind her and struck a third patron, Lewis Lloyd, who was positioned next to plaintiff. Plaintiff says she attempted to get out of the way when Tate bumped, pushed or otherwise came into contact with her, causing her to strike her head on a phone-booth and fall to the ground. Plaintiff says she sustained serious injuries. Plaintiff says Tate was well known at Boondocks, and had been banned from the premises by Blackburn on at least one prior occasion. Plaintiff contends defendant knew that Tate has a proclivity toward violence. Plaintiff alleges negligent injury and seeks judgment in principal sum of $5 million.
Law firm: Elliott M. Buckner, Irvin V. Cantor and Stephanie E. Grana of Cantor Stoneburner Ford Grana & Buckner
Filed: 10/18/2012. CL12004591

Allstate Insurance Company a/s/o ABBAA Inc. v. Rosedale Holdings LLC; and Melvin T. Morgan Roofing and Sheet Metal Company Inc.
Plaintiff says defendant Rosedale, in November 2009, leased a portion of a warehouse at 3301 Rosedale Ave. to ABBAA Inc. Prior to Nov. 1, 2010, defendant Rosedale hired defendant Morgan to install a new roof on the building. Plaintiff says ABBAA was not informed of the roofing work. On or about Nov. 1, 2010, defendant Morgan was in the process of roofing work when it breached the water integrity of the existing roof, and caused water to leak onto real and personal property of ABBAA. Plaintiff seeks judgment in principal amount of $500,000.
Law firm: John B. Mesirow of Mesirow & Stravitz; and William N. Clark Jr. of Cozen O’Connor
Filed: 10/22/2012

Mary W. Scott v. James A. Kelly DDS; and Melanie A. Bach, DDS, PLLC
Plaintiff says she was a patient of Bach PLLC from Feb. 12, 2009, through about Sept. 15, 2011. On April 21, 2011, plaintiff presented to Dr. Bach complaining of swelling and pain in the lower right mandible area. Plaintiff says Bach recommended dental implants, and said Dr. Kelly, who worked with Bach, would be able to perform the procedure. Kelly, on April 26, 2011, sectioned a bridge at numbers 29-31, extracted tooth number 31, bone grafted and placed two implants in the area of numbers 30 and 31. Plaintiff says she told Kelly in a phone conversation that evening that she was numb. She contends Kelly should have known that he had violated the mandibular canal with the implant and injured the nerves in the canal. Kelly tried to remove the implant at tooth 31 on April 28 but failed, and plaintiff was referred to an oral surgeon who removed it. Plaintiff was then referred to oral surgeons at Virginia Commonwealth University regarding nerve injury evaluation, and that surgery was performed July 19, 2012. Plaintiff says as a result of breach of duties and negligence she has sustained severe and permanent injuries, and seeks judgment in principal sum of $2.5 million.
Law firm: Thomas W. Williamson Jr. of Williamson Petty
Filed: 10/22/2012 CL12004613

Jeffrey Bush v. Giant Food Stores LLC d/b/a Martin’s Food Stores
Bush says he was injured at work in the Harbour Point store on April 7, 2012, when he fell in the café and fractured his right humerus in several places. Plaintiff alleges he was held in the manager’s office and an hour and a half, denied medical attention, and made to complete paperwork and speak on the phone with a company nurse to evaluate his condition. Once he received medical care that day, plaintiff says, he learned the fracture was severe and that he had suffered nerve damage. On April 10, he underwent surgery and was hospitalized overnight. On April 12, plaintiff says an store assistant manager, Mary Wedlock, demanded that he submit a letter of resignation or be terminated for engaging in horseplay. On April 19, plaintiff says, Wedlock again emailed him demanding his resignation. At some point between April 19 and May 3, Martin’s terminated plaintiff and backdated plaintiff’s termination date to April 10, plaintiff says. Plaintiff alleges defendant failed to afford him the protection of the FMLA, retaliatory discharge and negligence, and seeks judgment in principal sum of $500,000.
Law firm: Blackwell N. Shelley Jr. and Lauren E. Fisher of Shelley and Schulte
Filed: 10/23/2012. CL12004639

Hawkins and Anderson Inc. t/a H&A Architects & Engineers, and CMSS Architects P.C. v. VIP Baseball LLC; VIP Investment Partnership LLC; Tritec Building Company Inc.; Norton Scott LLC; and NA Dulles Real Estate Investor LLC
Plaintiff says CMSS entered into a contract to provide professional services to defendant, and in April 2010, H&A acquired certain assets and assumed certain obligations of CMSS. Plaintiff says defendant has not paid for services, and seeks judgment in principal sum of $212,761.78.
Law firm: Christopher Jones Jr. of Sinnott Nuckols & Logan
Filed: 10/23/2012. CL12004640

Chesterfield

Wanda James v. The Macerich Partnership L.P. d/b/a Chesterfield Towne Center
On or about Aug. 26, 2011, plaintiff says she was caused to slip on a wet substance in the common area of the mall and fall. Plaintiff seeks judgment in principal sum of $60,000.
Law firm: J. David Douthit of Allen, Allen, Allen & Allen
Filed: 10/30/2012. CL12003228[/private]

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