The Docket: Local court roundup for 11.8.12


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Richmond

Kelly M. Campbell v. Better Housing Coalition; Better Housing Coalition d/b/a Winchester Green Apartments; and Better Housing Coalition d/b/a Integrated Property Management
Plaintiff says she leased an apartment from defendant, and that on Nov. 3, 2011, a representative of Richmond Redevelopment and Housing Authority conducted an inspection and noted that the back porch stairs were defective. Defendant notified plaintiff on Nov. 10, 2011, that repairs had been completed, plaintiff says. When plaintiff exited her apartment using the stairs they collapsed, plaintiff says, and she fell through, sustaining injuries. Plaintiff seeks judgment in principal sum of $99,000.
Law firm: Alan F. Duckworth of Page Law Firm
Filed: 10/25/2012. C12004652[private]

Rhonda Drake v. The Kroger Co.; and Kroger Limited Partnership I
Plaintiff says that on or about May 23, 2012, at the store at 901 N. Lombardy St., she fell on a wet floor and was injured. Plaintiff seeks judgment in principal amount of $70,000.
Law firm: Brody H. Reid and Brad E. Goodwin of Reid Goodwin
Filed: 10/31/2012. CL12004716

Chloe Dee Noble-Brown a/k/a Chloe Dee Noble v. Omni Center Corp.; Omni Center Corporation; Omni Center Corp. t/a Omni Richmond Hotel; Omni Hotels Corporation; Omni Hotels Corp.; Omni Hotels Management Corporation; Omni Corporation; Omni Corporation VA; Omni Hotels Delaware Management Corporation; and TRT Holdings Inc.
Plaintiff says defendant did not exercise proper care in the handling, storage, processing, preparation, distribution, inspection, cooking, offering for sale, serving and sale of food offered to the public and sold to plaintiff. Plaintiff says she ate food contaminated with bacteria in December 2008 and became seriously ill, and seeks judgment in principal sum of $75,000.
Law firm: R. Clayton Allen of Allen, Allen, Allen & Allen
Filed: 10/31/2012. CL12004723

Rhonda L. Promer, as guardian and conservator for Mark R. Promer v. Geoffrey S. Murphy, M.D.; MCV Associated Physicians; and MCV Physicians
Plaintiff says Mark Promer was being treated in Charlottesville in fall 2010 for injuries suffered as a result of a motorcycle accident. While there, he also was diagnosed with and treated for diabetes mellitus. He was transferred on Nov. 6, 2010, plaintiff says, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Upon his admission, plaintiff says a blood sample showed a critically low glucose reading, but no corrective action was taken. As a result, plaintiff contends, Mark Promer suffered seizure-like activity that resulted in hypoglycemic apoxic brain injury. Because of the deviation of the standard of care, plaintiff alleges, Mark Promer sustained catastrophic and permanent injury, lost the ability to communicate and lost the ability to perform routine activities of daily living. Plaintiff seeks judgment of $7,575,000, plus costs from the date he was transferred to his current location at Louisa Health & Rehab.
Law firm: J. Thomas McGrath, Matt Danielson and Elizabeth D. Sorrell of the Law Offices of Tom McGrath
Filed: 11/2/2012. CL12004741

Amanda Holloway, administrator of the estate of Bonnie Holloway, deceased v. Colonial Heights Operations LLC t/a Colonial Heights Healthcare & Rehabilitation Center; Care Management LLC; and Petersburg Hospital Company Inc. t/a Southside Regional Medical Center
Plaintiff says decedent developed a pressure sore after being admitted to Southside Regional on or about Nov. 29, 2010, and that the sore reappeared and/or deteriorated when she was admitted to the nursing home on Dec. 3, 2010. Decedent went back and forth between the hospital and nursing home; plaintiff says decedent’s medical condition deteriorated as a direct result of her ulcers, and that she died April 28, 2011. Plaintiff seeks judgment in principal sum of $3.5 million.
Law firm: Robert W. Carter Jr.
Filed: 11/2/2012. CL12004750

PFG/INC. d/b/a PFG/Carroll County Foods v. Anthonys Restaurant and Pizzeria Inc. d/b/a and t/a Anthony’s Pizza XII; Joseph Amari; Antonia Amari Casteriana; and Claudio Buono
Plaintiff says defendant, located in Luray, ordered and received various goods from plaintiff between May 27, 2011, and July 29, 2011, resulting in indebtedness of $33,636.16. Plaintiff seeks judgment in principal sum of that amount.
Law firm: Robert D. Shrader Jr. of Steingold and Shrader
Filed: 11/2/2012. CL12004753

Rhonda L. Promer, as guardian and conservator for Mark R. Promer v. Commonwealth of Virginia d/b/a Virginia Commonwealth University Health System-MCV Hospital
Plaintiff says Mark Promer was being treated in Charlottesville in fall 2010 for injuries suffered as a result of a motorcycle accident. While there, he also was diagnosed with and treated for diabetes mellitus. He was transferred on Nov. 6, 2010, plaintiff says, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Upon his admission, plaintiff says a blood sample showed a critically low glucose reading, but no corrective action was taken. As a result, plaintiff contends, Mark Promer suffered seizure-like activity that resulted in hypoglycemic apoxic brain injury. Because of the deviation of the standard of care, plaintiff alleges, Mark Promer sustained catastrophic and permanent injury, lost the ability to communicate, and lost the ability to perform routine activities of daily living. Plaintiff seeks judgment of $7,575,000, plus costs from the date he was transferred to his current location at Louisa Health & Rehab.
Law firm: J. Thomas McGrath, Matt Danielson and Elizabeth D. Sorrell of the Law Offices of Tom McGrath
Filed: 11/2/2012. CL12004755

Chesterfield

Merek Geiger v. Shamin Hotels Inc. d/b/a Hampton Inn Hull
Plaintiff says that on or about Nov. 23, 2010, he walked down a carpeted set of stairs from the second floor of the hotel on Price Club Boulevard to the first floor hallway. Plaintiff says unbeknownst to him, the carpeting on the stairs had been cleaned and was still wet, and he slipped on the bare surface of the first floor. Plaintiff says he sustained permanent injuries in a fall, and seeks judgment in principal sum of $250,000.
Law firm: Paul D. Hux of Allen, Allen, Allen & Allen
Filed: 10/24/2012. CL12003180

Branch Banking and Trust Company v. Hess-Trigard Inc.; Ronald D. Hess; and Beverly S. Hess
Plaintiff says defendant is in default and seeks judgment in principal sum of $169,833.17.
Law firm: Stephen E. Scarce, Meredith L. Yoder, Trevor B. Reid and Aubrey H. Brown III of Parker, Pollard, Wilton & Peaden
Filed: 11/2/2012. CL12003254

Lora B. Anderson, trustee of the Lora B. Anderson Revocable Trust under an agreement dated Oct. 27, 1997 v. BRL LLC
The plaintiff and Leroy L. Anderson Jr. are trustees of the trust, and either is permitted to act independently. The managers of defendant BRL are the trustee’s son and daughter-in-law, Leroy L. Anderson III and Jean B. Anderson. On March 24, 2008, plaintiff says she executed a pledgor agreement by which the trust’s investment account with Merrill Lynch would be used as collateral for a BRL loan management account signed on behalf of BRL’s managers. Also on March 24, 2008, plaintiff says, she and Anderson Jr. executed a “trustee certification/affidavit” required by Merrill Lynch in connection with the loan application. On or about Nov. 4, 2011, defendant defaulted on the loan, plaintiff says, and since BRL lacked resources to repay the balance of $1,865,130.52, Merrill Lynch invoked its rights under the pledgor agreement and liquidated assets of the trust’s investment account to satisfy defendant’s indebtedness. Plaintiff says the trust is entitled to indemnification from defendant in the full amount of the indebtedness to Merrill Lynch that was paid by liquidation of the trust assets. Plaintiff seeks judgment in principal sum of $1,865,130.52.
Law firm: Glen M. Robertson of Wolcott Rivers Gates
Filed: 11/5/2012. CL12003271

Henrico

LeClairRyan P.C. v. Commonwealth Group-Winchester Partners L.P. a/k/a Commonwealth Winchester Partners
This is a garnishment of $39,237.30.
Law firm: C. Carter Wailes of Chaplin & Gonet
Filed: 10/11/2012. CL12002875

Suzanne P. Fodill v. Short Pump Town Center Inc.; F.C. Short Pump Land Investment Inc.; Forest City Commercial Management Inc.; Forest City Commercial Group Inc.; and MJGT Associates LLC
On or about Dec. 17, 2010, plaintiff says she slipped and fell on ice that had accumulated in the common areas between the Copper Grill restaurant and the Funny Bone comedy club and suffered permanent injuries. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: Robert J. Kloeti and John Hubbard Taylor of FloranceGordonBrown
Filed: 10/19/2012. CL12002967

William D. Prillaman v. Engineering Design Associates Inc.; Wade C. Zimbro; Susan K. Zimbro; and Lenod Charter Services Inc. d/b/a Middle Bay Realty
Plaintiff is an architect in Irvington. Defendants Wade and Susan Zimbro are owners and landlords of premises at 5273 Jesse Dupont Memorial Highway in Wicomico Church. Engineering Design Associates (EDA) leased the premises through Middle Bay Realty. Plaintiff says he was on the premises on Nov. 2, 2010, to attend a meeting called by EDA. Upon arrival, plaintiff says he was instructed by the EDA receptionist to proceed toward the rear into a sunken conference room. As plaintiff was proceeding down the stairs, he says he tripped and fell due to defects in the premises, throwing him forward and causing his face to violently strike the conference room table. The impact, plaintiff says, caused his eye and cheekbone to strike the corner of the table, resulting in a partial loss of consciousness and a traumatic fracture of the orbital floor, as well as slicing his face open. Plaintiff says it was known to defendants that the area of the steps leading into the sunken conference room was dangerous and violated safe building standards and codes. Plaintiff alleges negligence and seeks judgment in principal sum of $750,000.
Law firm: H. Aubrey Ford III of Cantor Stoneburner Ford Grana & Buckner
Filed: 10/31/2012. CL2003032

SunTrust Mortgage Inc. v. All Pro Mortgage Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $376,148.22 and other relief.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 11/2/2012. CL12003058[/private]


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

Richmond

Kelly M. Campbell v. Better Housing Coalition; Better Housing Coalition d/b/a Winchester Green Apartments; and Better Housing Coalition d/b/a Integrated Property Management
Plaintiff says she leased an apartment from defendant, and that on Nov. 3, 2011, a representative of Richmond Redevelopment and Housing Authority conducted an inspection and noted that the back porch stairs were defective. Defendant notified plaintiff on Nov. 10, 2011, that repairs had been completed, plaintiff says. When plaintiff exited her apartment using the stairs they collapsed, plaintiff says, and she fell through, sustaining injuries. Plaintiff seeks judgment in principal sum of $99,000.
Law firm: Alan F. Duckworth of Page Law Firm
Filed: 10/25/2012. C12004652[private]

Rhonda Drake v. The Kroger Co.; and Kroger Limited Partnership I
Plaintiff says that on or about May 23, 2012, at the store at 901 N. Lombardy St., she fell on a wet floor and was injured. Plaintiff seeks judgment in principal amount of $70,000.
Law firm: Brody H. Reid and Brad E. Goodwin of Reid Goodwin
Filed: 10/31/2012. CL12004716

Chloe Dee Noble-Brown a/k/a Chloe Dee Noble v. Omni Center Corp.; Omni Center Corporation; Omni Center Corp. t/a Omni Richmond Hotel; Omni Hotels Corporation; Omni Hotels Corp.; Omni Hotels Management Corporation; Omni Corporation; Omni Corporation VA; Omni Hotels Delaware Management Corporation; and TRT Holdings Inc.
Plaintiff says defendant did not exercise proper care in the handling, storage, processing, preparation, distribution, inspection, cooking, offering for sale, serving and sale of food offered to the public and sold to plaintiff. Plaintiff says she ate food contaminated with bacteria in December 2008 and became seriously ill, and seeks judgment in principal sum of $75,000.
Law firm: R. Clayton Allen of Allen, Allen, Allen & Allen
Filed: 10/31/2012. CL12004723

Rhonda L. Promer, as guardian and conservator for Mark R. Promer v. Geoffrey S. Murphy, M.D.; MCV Associated Physicians; and MCV Physicians
Plaintiff says Mark Promer was being treated in Charlottesville in fall 2010 for injuries suffered as a result of a motorcycle accident. While there, he also was diagnosed with and treated for diabetes mellitus. He was transferred on Nov. 6, 2010, plaintiff says, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Upon his admission, plaintiff says a blood sample showed a critically low glucose reading, but no corrective action was taken. As a result, plaintiff contends, Mark Promer suffered seizure-like activity that resulted in hypoglycemic apoxic brain injury. Because of the deviation of the standard of care, plaintiff alleges, Mark Promer sustained catastrophic and permanent injury, lost the ability to communicate and lost the ability to perform routine activities of daily living. Plaintiff seeks judgment of $7,575,000, plus costs from the date he was transferred to his current location at Louisa Health & Rehab.
Law firm: J. Thomas McGrath, Matt Danielson and Elizabeth D. Sorrell of the Law Offices of Tom McGrath
Filed: 11/2/2012. CL12004741

Amanda Holloway, administrator of the estate of Bonnie Holloway, deceased v. Colonial Heights Operations LLC t/a Colonial Heights Healthcare & Rehabilitation Center; Care Management LLC; and Petersburg Hospital Company Inc. t/a Southside Regional Medical Center
Plaintiff says decedent developed a pressure sore after being admitted to Southside Regional on or about Nov. 29, 2010, and that the sore reappeared and/or deteriorated when she was admitted to the nursing home on Dec. 3, 2010. Decedent went back and forth between the hospital and nursing home; plaintiff says decedent’s medical condition deteriorated as a direct result of her ulcers, and that she died April 28, 2011. Plaintiff seeks judgment in principal sum of $3.5 million.
Law firm: Robert W. Carter Jr.
Filed: 11/2/2012. CL12004750

PFG/INC. d/b/a PFG/Carroll County Foods v. Anthonys Restaurant and Pizzeria Inc. d/b/a and t/a Anthony’s Pizza XII; Joseph Amari; Antonia Amari Casteriana; and Claudio Buono
Plaintiff says defendant, located in Luray, ordered and received various goods from plaintiff between May 27, 2011, and July 29, 2011, resulting in indebtedness of $33,636.16. Plaintiff seeks judgment in principal sum of that amount.
Law firm: Robert D. Shrader Jr. of Steingold and Shrader
Filed: 11/2/2012. CL12004753

Rhonda L. Promer, as guardian and conservator for Mark R. Promer v. Commonwealth of Virginia d/b/a Virginia Commonwealth University Health System-MCV Hospital
Plaintiff says Mark Promer was being treated in Charlottesville in fall 2010 for injuries suffered as a result of a motorcycle accident. While there, he also was diagnosed with and treated for diabetes mellitus. He was transferred on Nov. 6, 2010, plaintiff says, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Upon his admission, plaintiff says a blood sample showed a critically low glucose reading, but no corrective action was taken. As a result, plaintiff contends, Mark Promer suffered seizure-like activity that resulted in hypoglycemic apoxic brain injury. Because of the deviation of the standard of care, plaintiff alleges, Mark Promer sustained catastrophic and permanent injury, lost the ability to communicate, and lost the ability to perform routine activities of daily living. Plaintiff seeks judgment of $7,575,000, plus costs from the date he was transferred to his current location at Louisa Health & Rehab.
Law firm: J. Thomas McGrath, Matt Danielson and Elizabeth D. Sorrell of the Law Offices of Tom McGrath
Filed: 11/2/2012. CL12004755

Chesterfield

Merek Geiger v. Shamin Hotels Inc. d/b/a Hampton Inn Hull
Plaintiff says that on or about Nov. 23, 2010, he walked down a carpeted set of stairs from the second floor of the hotel on Price Club Boulevard to the first floor hallway. Plaintiff says unbeknownst to him, the carpeting on the stairs had been cleaned and was still wet, and he slipped on the bare surface of the first floor. Plaintiff says he sustained permanent injuries in a fall, and seeks judgment in principal sum of $250,000.
Law firm: Paul D. Hux of Allen, Allen, Allen & Allen
Filed: 10/24/2012. CL12003180

Branch Banking and Trust Company v. Hess-Trigard Inc.; Ronald D. Hess; and Beverly S. Hess
Plaintiff says defendant is in default and seeks judgment in principal sum of $169,833.17.
Law firm: Stephen E. Scarce, Meredith L. Yoder, Trevor B. Reid and Aubrey H. Brown III of Parker, Pollard, Wilton & Peaden
Filed: 11/2/2012. CL12003254

Lora B. Anderson, trustee of the Lora B. Anderson Revocable Trust under an agreement dated Oct. 27, 1997 v. BRL LLC
The plaintiff and Leroy L. Anderson Jr. are trustees of the trust, and either is permitted to act independently. The managers of defendant BRL are the trustee’s son and daughter-in-law, Leroy L. Anderson III and Jean B. Anderson. On March 24, 2008, plaintiff says she executed a pledgor agreement by which the trust’s investment account with Merrill Lynch would be used as collateral for a BRL loan management account signed on behalf of BRL’s managers. Also on March 24, 2008, plaintiff says, she and Anderson Jr. executed a “trustee certification/affidavit” required by Merrill Lynch in connection with the loan application. On or about Nov. 4, 2011, defendant defaulted on the loan, plaintiff says, and since BRL lacked resources to repay the balance of $1,865,130.52, Merrill Lynch invoked its rights under the pledgor agreement and liquidated assets of the trust’s investment account to satisfy defendant’s indebtedness. Plaintiff says the trust is entitled to indemnification from defendant in the full amount of the indebtedness to Merrill Lynch that was paid by liquidation of the trust assets. Plaintiff seeks judgment in principal sum of $1,865,130.52.
Law firm: Glen M. Robertson of Wolcott Rivers Gates
Filed: 11/5/2012. CL12003271

Henrico

LeClairRyan P.C. v. Commonwealth Group-Winchester Partners L.P. a/k/a Commonwealth Winchester Partners
This is a garnishment of $39,237.30.
Law firm: C. Carter Wailes of Chaplin & Gonet
Filed: 10/11/2012. CL12002875

Suzanne P. Fodill v. Short Pump Town Center Inc.; F.C. Short Pump Land Investment Inc.; Forest City Commercial Management Inc.; Forest City Commercial Group Inc.; and MJGT Associates LLC
On or about Dec. 17, 2010, plaintiff says she slipped and fell on ice that had accumulated in the common areas between the Copper Grill restaurant and the Funny Bone comedy club and suffered permanent injuries. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: Robert J. Kloeti and John Hubbard Taylor of FloranceGordonBrown
Filed: 10/19/2012. CL12002967

William D. Prillaman v. Engineering Design Associates Inc.; Wade C. Zimbro; Susan K. Zimbro; and Lenod Charter Services Inc. d/b/a Middle Bay Realty
Plaintiff is an architect in Irvington. Defendants Wade and Susan Zimbro are owners and landlords of premises at 5273 Jesse Dupont Memorial Highway in Wicomico Church. Engineering Design Associates (EDA) leased the premises through Middle Bay Realty. Plaintiff says he was on the premises on Nov. 2, 2010, to attend a meeting called by EDA. Upon arrival, plaintiff says he was instructed by the EDA receptionist to proceed toward the rear into a sunken conference room. As plaintiff was proceeding down the stairs, he says he tripped and fell due to defects in the premises, throwing him forward and causing his face to violently strike the conference room table. The impact, plaintiff says, caused his eye and cheekbone to strike the corner of the table, resulting in a partial loss of consciousness and a traumatic fracture of the orbital floor, as well as slicing his face open. Plaintiff says it was known to defendants that the area of the steps leading into the sunken conference room was dangerous and violated safe building standards and codes. Plaintiff alleges negligence and seeks judgment in principal sum of $750,000.
Law firm: H. Aubrey Ford III of Cantor Stoneburner Ford Grana & Buckner
Filed: 10/31/2012. CL2003032

SunTrust Mortgage Inc. v. All Pro Mortgage Inc.
Plaintiff alleges breach of contract and indemnification and seeks judgment of not less than $376,148.22 and other relief.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 11/2/2012. CL12003058[/private]

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