Richmond
Scott R. Nichols v. Brighton Condominium Association Inc.
Plaintiff says he sent a letter on July 20, 2012, to the condo association for the building at 2923 Floyd Ave. and to its president, Cynthia Farmer, demanding an accounting of all income and expenditures of the association from Jan. 1, 2007, to the present, including assessments due and collected, including any late fees or fines for all units rented since July 21, 2005, and demanding a list of the officers and board of directors of the association for each year between 2005 and the present. Defendant made some records available, plaintiff says, but the records do not constitute all of the books and records. Plaintiff seeks an order compelling defendant to produce all records, among other relief.
Law firm: Hayward F. Taylor IV and Lindsay G. Dugan of Taylor Taylor & Taylor Inc.
Filed: 11/5/2012. CL12004800[private]
MSC Equipment Inc. v. Universal Technology and Machine Co. Inc.
Plaintiff is a supplier and servicer of road and/or property/landscape maintenance equipment, and defendant sells, repairs and rebuilds industrial equipment. Plaintiff says it filled an order for a submersible electric pump and delivered it to defendant, that defendant resold the pump to one of its customers at a profit, and that defendant has not paid a large portion of plaintiff’s invoice. Plaintiff seeks judgment in principal sum of $33,291.70.
Law firm: Andrew Biondi of Sands Anderson
Filed: 11/5/2012. CL12004801
Waco Inc. v. City of Richmond
Plaintiff says on or about March 18, 2009, defendant entered into a contract for the installation by Waco of pre-purchased HVAC equipment and additional associated items for $1,063,000. On or about Aug. 19, 2010, plaintiff and defendant agreed to increase the contract price in exchange for additional services, plaintiff says. During performance of the contract, plaintiff says it encountered site conditions that necessitated additional work, and appropriate compensation for this work was discussed. The modification increased the total contract price to $1,249,130.14, and extended the time to perform to June 15, 2012, plaintiff says. Plaintiff says it has performed its obligations, and that defendant has paid $1,016,991.85 toward its obligation. Plaintiff seeks judgment in principal amount of $232,138.29.
Law firm: Christopher M. Malone and Michael G. Matheson of ThompsonMcMullan
Filed: 11/5/2012. CL12004802
Rhonda L. Promer, in her capacity as guardian and conservator for Mark R. Promer v. Eric K. Stanley, D.O.; MCV Associated Physicians; and MCV Physicians
Plaintiff says Mark Promer was injured in a motorcycle collision on Oct. 9, 2010, and was admitted for inpatient care at the University of Virginia Medical Center from Oct. 9 until Nov. 1, 2010. During this time, plaintiff says, Promer was diagnosed with and treated for diabetes mellitus. He was transferred to Kindred Hospital where he stayed until his transfer on Nov. 6, 2010, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Plaintiff says defendant Stanley was contacted prior to the transfer and agreed to accept responsibility for the care and treatment of Promer at MCV Hospital. Plaintiff says defendant failed to obtain and communicate to emergency department personnel critical information regarding the administration of tube feedings and the administration of insulin to Promer, and failed to ascertain that Promer had a critically low glucose level. Plaintiff says that despite a blood sample test that showed the low glucose level, defendant failed to take corrective action. Plaintiff says Promer had seizure-like activity in the emergency room as a result of the low glucose reading, and sustained “hypoglycemic apoxic brain injury.” Plaintiff seeks judgment of $7,575,000 plus costs from May 26, 2011, when Promer 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: 11/5/2012. CL12004815
REDC Community Capital Group Inc. v. Mallard Inc.; and James H. Griffin a/k/a James Howard Griffin III
Plaintiff says it is owed on a note, and seeks judgment in principal amount of $73,641.76.
Law firm: Frank J. DeGaetani Jr. of Ballato Law Firm
Filed: 11/5/2012. CL12004816
Jameka Randolph v. Dance Family Restaurants Inc. d/b/a Paradise Lounge
On or about March 12, 2012, on the premises of the lounge at 112 N. Fifth St., plaintiff says security guards trying to maintain control over patrons shattered a glass pane at the entrance which then fell on plaintiff’s foot. Plaintiff seeks judgment in principal sum of $150,000.
Law firm: Damon Pendleton of Christina Pendleton & Associates
Filed: 11/6/2012. CL12004820
PEAC Consulting LLC v. The Ridley Group & Associates; and the City of Richmond, Virginia
Plaintiff says it was recruited by defendant Ridley, a Maryland-based management and consultant company that specializes in corrections, to join a team of firms that pitched their services to the city in November 2011 in response to a request for proposals seeking construction management services related to the new city jail. The contract was awarded to TRG/CGL/PEAC, due in large part to the participation of plaintiff, plaintiff says, and was worth about $3.5 million, of which plaintiff’s portion was estimated to be at 35 percent. Plaintiff alleges that city officials and Ridley conspired to have plaintiff removed from the project in favor of the “unqualified” BFE Strategies. Plaintiff further alleges that Ridley told plaintiff the city “strong-armed” Ridley to give plaintiff’s contract work to BFE. Plaintiff says it submitted a formal complaint to which it has not received a written response, but that it has been advised that if it withdraws its complaint, the city would see that plaintiff is awarded a future contract on the jail project with a value of $700,000. Plaintiff alleges breach of contract, conspiracy and violation of the city’s public bidding procedures, and seeks judgment of at least $494,920 in actual damages, punitive damages not to exceed $350,000, and other relief.
Law firm: Sally Ann Hostetler and Stephen A. Cobb of Odin Feldman & Pittleman
Filed: 11/6/2012. CL12004821
Richard Day v. Wells Fargo Home Mortgage Inc., a division of Wells Fargo, N.A.
Plaintiff says he worked with defendant as a home mortgage consultant from about November 1997 until about February 2010, and that beginning in approximately April 2006, became aware that defendant, on a regular basis, was not paying him the full commission he was due on loans he secured. Plaintiff says he notified defendant of this. Plaintiff says that despite numerous requests by plaintiff and his counsel, defendant has refused to provide records identifying payments related to the unpaid commissions claimed. Plaintiff alleges breach of contract and seeks judgment in principal sum of $73,620.21.
Law firm: Harris D. Butler III and Paul M. Falabella of Butler Royals
Filed: 11/6/2012. CL12004822
Southern Brick Contractors Inc. v. Haley Builders Inc.; and Fidelity and Deposit Company of Maryland
Plaintiff says it entered into a contract with defendant on Aug. 30, 2011, to complete all on-site masonry work for the Richmond Fire Station No. 17. Plaintiff says it has not been paid in full, and seeks judgment in principal amount of $23,953.34.
Law firm: William D. Bayliss of Williams, Mullen, Clark & Dobbins
Filed: 11/8/2012. CL12004848
Melvin T. Morgan Roofing & Sheet Metal Co. Inc. v. River City Real Estate Inc.; Historic Property Management Inc.; River City Renaissance LC; River City Renaissance III LC; and Bill G. Jefferson Jr.
Plaintiff states that upon information and belief, defendant Bill Jefferson has complete control over all the corporate defendants. Plaintiff says on Dec. 6, 2010, plaintiff entered into a contract for replacement of a slate and metal roof on a building at 808 N. Boulevard. Plaintiff says work was completed by March 2011, and that defendant refuses demands for payment. Plaintiff says defendant’s primary objection for failure to pay appears to be dissatisfaction with work performed on other properties on unrelated contracts. Plaintiff seeks judgment in principal sum of $107,568.
Law firm: Guy C. Crowgey and Gregory L. Cassis of Crowgey, Grossman & Cassis
Filed: 11/8/2012. CL12004850
Heritage Printing Service Inc. v. Digital Ink Inc.
Defendant contracted with plaintiff to perform printing services for it on behalf of numerous candidates and causes prior to the Nov. 6 elections, as it has for approximately seven years, plaintiff says. Defendant has not paid some invoices, plaintiff says. Plaintiff seeks judgment in principal sum of $33,691.
Law firm: N. Leslie Saunders Jr. of Saunders, Patterson & Mack
Filed: 11/9/2012. CL12004857
Chesterfield
Bantam Plumbing Company Inc. v. Rastek Construction and Development Corp.
This is a garnishment of $31,149.76.
Law firm: Teddy Midkiff of Goff & Midkiff
Filed: 10/31/2012. CL12003241
Alan Clark v. BayDocs Inc.
Plaintiff says his employment with defendant, a California-based company that is and/or was in the business of document preparation for the reverse mortgage industry, began in 2008. Plaintiff was an executive and general counsel for defendant. Plaintiff says he moved to Virginia in 2010, and worked out of his home. Plaintiff says that in early 2010, defendant began to suffer from an industry-wide slowdown and began to experience cash-flow problems, which continued until plaintiff’s termination on or before June 7, 2012. Plaintiff seeks judgment for contractual damages in the amount of six months’ severance, $112,500; contractual damages of $10,000 as payment for a promised but unpaid bonus in 2009; and other damages.
Law firm: Harris D. Butler III and Zev H. Antell of Butler Royals
Filed: 11/7/2012. CL12003300
La Bella Dona Skin Care Inc. v. Bon Air Med Spa LLC
This is a garnishment of $144,856.76.
Law firm: Michael Ballato of Ballato Law Firm
Filed: 11/7/2012. CL12003307
Henrico
George Kenneth Miller Jr., executor of the estate of George Kenneth Miller Sr. v. Brookdale Senior Living Inc.; and Gayton Terrace
Miller Sr. was a resident of Gayton Terrace in the memory loss section. Miller Jr. says he was called frequently by facility staff to help with his father’s care. On the night of Nov. 10, 2010, Miller Sr. suffered a fall and was transported to St. Mary’s Hospital. He was diagnosed with a broken neck and broken hip, plaintiff says, and was fitted with a neck brace at that time. Decedent underwent hip replacement surgery on Nov. 11, 2010, plaintiff says, and died Nov. 12. Plaintiff says investigation revealed that decedent had difficulty sleeping the night of Nov. 10, and got out of bed five times. The motion sensors in his apartment alerted the staff, who put him back to bed approximately four times. On the fifth alert, they found decedent on the floor, plaintiff says, having fallen over his walker. Plaintiff says the lights had previously been turned off, and that he was not called until decedent was to be transported to the hospital. Plaintiff says actions and inactions by defendant—putting decedent back to bed without calling plaintiff to help, combined with the lights being off and a walker stored incorrectly that caused decedent to trip and fall—directly and proximately caused decedent’s injuries and subsequent death. Plaintiff seeks judgment in principal amount of $600,000.
Pro se
Filed: 11/9/2012. CL12003131[/private]
Richmond
Scott R. Nichols v. Brighton Condominium Association Inc.
Plaintiff says he sent a letter on July 20, 2012, to the condo association for the building at 2923 Floyd Ave. and to its president, Cynthia Farmer, demanding an accounting of all income and expenditures of the association from Jan. 1, 2007, to the present, including assessments due and collected, including any late fees or fines for all units rented since July 21, 2005, and demanding a list of the officers and board of directors of the association for each year between 2005 and the present. Defendant made some records available, plaintiff says, but the records do not constitute all of the books and records. Plaintiff seeks an order compelling defendant to produce all records, among other relief.
Law firm: Hayward F. Taylor IV and Lindsay G. Dugan of Taylor Taylor & Taylor Inc.
Filed: 11/5/2012. CL12004800[private]
MSC Equipment Inc. v. Universal Technology and Machine Co. Inc.
Plaintiff is a supplier and servicer of road and/or property/landscape maintenance equipment, and defendant sells, repairs and rebuilds industrial equipment. Plaintiff says it filled an order for a submersible electric pump and delivered it to defendant, that defendant resold the pump to one of its customers at a profit, and that defendant has not paid a large portion of plaintiff’s invoice. Plaintiff seeks judgment in principal sum of $33,291.70.
Law firm: Andrew Biondi of Sands Anderson
Filed: 11/5/2012. CL12004801
Waco Inc. v. City of Richmond
Plaintiff says on or about March 18, 2009, defendant entered into a contract for the installation by Waco of pre-purchased HVAC equipment and additional associated items for $1,063,000. On or about Aug. 19, 2010, plaintiff and defendant agreed to increase the contract price in exchange for additional services, plaintiff says. During performance of the contract, plaintiff says it encountered site conditions that necessitated additional work, and appropriate compensation for this work was discussed. The modification increased the total contract price to $1,249,130.14, and extended the time to perform to June 15, 2012, plaintiff says. Plaintiff says it has performed its obligations, and that defendant has paid $1,016,991.85 toward its obligation. Plaintiff seeks judgment in principal amount of $232,138.29.
Law firm: Christopher M. Malone and Michael G. Matheson of ThompsonMcMullan
Filed: 11/5/2012. CL12004802
Rhonda L. Promer, in her capacity as guardian and conservator for Mark R. Promer v. Eric K. Stanley, D.O.; MCV Associated Physicians; and MCV Physicians
Plaintiff says Mark Promer was injured in a motorcycle collision on Oct. 9, 2010, and was admitted for inpatient care at the University of Virginia Medical Center from Oct. 9 until Nov. 1, 2010. During this time, plaintiff says, Promer was diagnosed with and treated for diabetes mellitus. He was transferred to Kindred Hospital where he stayed until his transfer on Nov. 6, 2010, to Virginia Commonwealth University Health System-MCV Hospital in order to undergo a CT scan of his head and neurological evaluation. Plaintiff says defendant Stanley was contacted prior to the transfer and agreed to accept responsibility for the care and treatment of Promer at MCV Hospital. Plaintiff says defendant failed to obtain and communicate to emergency department personnel critical information regarding the administration of tube feedings and the administration of insulin to Promer, and failed to ascertain that Promer had a critically low glucose level. Plaintiff says that despite a blood sample test that showed the low glucose level, defendant failed to take corrective action. Plaintiff says Promer had seizure-like activity in the emergency room as a result of the low glucose reading, and sustained “hypoglycemic apoxic brain injury.” Plaintiff seeks judgment of $7,575,000 plus costs from May 26, 2011, when Promer 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: 11/5/2012. CL12004815
REDC Community Capital Group Inc. v. Mallard Inc.; and James H. Griffin a/k/a James Howard Griffin III
Plaintiff says it is owed on a note, and seeks judgment in principal amount of $73,641.76.
Law firm: Frank J. DeGaetani Jr. of Ballato Law Firm
Filed: 11/5/2012. CL12004816
Jameka Randolph v. Dance Family Restaurants Inc. d/b/a Paradise Lounge
On or about March 12, 2012, on the premises of the lounge at 112 N. Fifth St., plaintiff says security guards trying to maintain control over patrons shattered a glass pane at the entrance which then fell on plaintiff’s foot. Plaintiff seeks judgment in principal sum of $150,000.
Law firm: Damon Pendleton of Christina Pendleton & Associates
Filed: 11/6/2012. CL12004820
PEAC Consulting LLC v. The Ridley Group & Associates; and the City of Richmond, Virginia
Plaintiff says it was recruited by defendant Ridley, a Maryland-based management and consultant company that specializes in corrections, to join a team of firms that pitched their services to the city in November 2011 in response to a request for proposals seeking construction management services related to the new city jail. The contract was awarded to TRG/CGL/PEAC, due in large part to the participation of plaintiff, plaintiff says, and was worth about $3.5 million, of which plaintiff’s portion was estimated to be at 35 percent. Plaintiff alleges that city officials and Ridley conspired to have plaintiff removed from the project in favor of the “unqualified” BFE Strategies. Plaintiff further alleges that Ridley told plaintiff the city “strong-armed” Ridley to give plaintiff’s contract work to BFE. Plaintiff says it submitted a formal complaint to which it has not received a written response, but that it has been advised that if it withdraws its complaint, the city would see that plaintiff is awarded a future contract on the jail project with a value of $700,000. Plaintiff alleges breach of contract, conspiracy and violation of the city’s public bidding procedures, and seeks judgment of at least $494,920 in actual damages, punitive damages not to exceed $350,000, and other relief.
Law firm: Sally Ann Hostetler and Stephen A. Cobb of Odin Feldman & Pittleman
Filed: 11/6/2012. CL12004821
Richard Day v. Wells Fargo Home Mortgage Inc., a division of Wells Fargo, N.A.
Plaintiff says he worked with defendant as a home mortgage consultant from about November 1997 until about February 2010, and that beginning in approximately April 2006, became aware that defendant, on a regular basis, was not paying him the full commission he was due on loans he secured. Plaintiff says he notified defendant of this. Plaintiff says that despite numerous requests by plaintiff and his counsel, defendant has refused to provide records identifying payments related to the unpaid commissions claimed. Plaintiff alleges breach of contract and seeks judgment in principal sum of $73,620.21.
Law firm: Harris D. Butler III and Paul M. Falabella of Butler Royals
Filed: 11/6/2012. CL12004822
Southern Brick Contractors Inc. v. Haley Builders Inc.; and Fidelity and Deposit Company of Maryland
Plaintiff says it entered into a contract with defendant on Aug. 30, 2011, to complete all on-site masonry work for the Richmond Fire Station No. 17. Plaintiff says it has not been paid in full, and seeks judgment in principal amount of $23,953.34.
Law firm: William D. Bayliss of Williams, Mullen, Clark & Dobbins
Filed: 11/8/2012. CL12004848
Melvin T. Morgan Roofing & Sheet Metal Co. Inc. v. River City Real Estate Inc.; Historic Property Management Inc.; River City Renaissance LC; River City Renaissance III LC; and Bill G. Jefferson Jr.
Plaintiff states that upon information and belief, defendant Bill Jefferson has complete control over all the corporate defendants. Plaintiff says on Dec. 6, 2010, plaintiff entered into a contract for replacement of a slate and metal roof on a building at 808 N. Boulevard. Plaintiff says work was completed by March 2011, and that defendant refuses demands for payment. Plaintiff says defendant’s primary objection for failure to pay appears to be dissatisfaction with work performed on other properties on unrelated contracts. Plaintiff seeks judgment in principal sum of $107,568.
Law firm: Guy C. Crowgey and Gregory L. Cassis of Crowgey, Grossman & Cassis
Filed: 11/8/2012. CL12004850
Heritage Printing Service Inc. v. Digital Ink Inc.
Defendant contracted with plaintiff to perform printing services for it on behalf of numerous candidates and causes prior to the Nov. 6 elections, as it has for approximately seven years, plaintiff says. Defendant has not paid some invoices, plaintiff says. Plaintiff seeks judgment in principal sum of $33,691.
Law firm: N. Leslie Saunders Jr. of Saunders, Patterson & Mack
Filed: 11/9/2012. CL12004857
Chesterfield
Bantam Plumbing Company Inc. v. Rastek Construction and Development Corp.
This is a garnishment of $31,149.76.
Law firm: Teddy Midkiff of Goff & Midkiff
Filed: 10/31/2012. CL12003241
Alan Clark v. BayDocs Inc.
Plaintiff says his employment with defendant, a California-based company that is and/or was in the business of document preparation for the reverse mortgage industry, began in 2008. Plaintiff was an executive and general counsel for defendant. Plaintiff says he moved to Virginia in 2010, and worked out of his home. Plaintiff says that in early 2010, defendant began to suffer from an industry-wide slowdown and began to experience cash-flow problems, which continued until plaintiff’s termination on or before June 7, 2012. Plaintiff seeks judgment for contractual damages in the amount of six months’ severance, $112,500; contractual damages of $10,000 as payment for a promised but unpaid bonus in 2009; and other damages.
Law firm: Harris D. Butler III and Zev H. Antell of Butler Royals
Filed: 11/7/2012. CL12003300
La Bella Dona Skin Care Inc. v. Bon Air Med Spa LLC
This is a garnishment of $144,856.76.
Law firm: Michael Ballato of Ballato Law Firm
Filed: 11/7/2012. CL12003307
Henrico
George Kenneth Miller Jr., executor of the estate of George Kenneth Miller Sr. v. Brookdale Senior Living Inc.; and Gayton Terrace
Miller Sr. was a resident of Gayton Terrace in the memory loss section. Miller Jr. says he was called frequently by facility staff to help with his father’s care. On the night of Nov. 10, 2010, Miller Sr. suffered a fall and was transported to St. Mary’s Hospital. He was diagnosed with a broken neck and broken hip, plaintiff says, and was fitted with a neck brace at that time. Decedent underwent hip replacement surgery on Nov. 11, 2010, plaintiff says, and died Nov. 12. Plaintiff says investigation revealed that decedent had difficulty sleeping the night of Nov. 10, and got out of bed five times. The motion sensors in his apartment alerted the staff, who put him back to bed approximately four times. On the fifth alert, they found decedent on the floor, plaintiff says, having fallen over his walker. Plaintiff says the lights had previously been turned off, and that he was not called until decedent was to be transported to the hospital. Plaintiff says actions and inactions by defendant—putting decedent back to bed without calling plaintiff to help, combined with the lights being off and a walker stored incorrectly that caused decedent to trip and fall—directly and proximately caused decedent’s injuries and subsequent death. Plaintiff seeks judgment in principal amount of $600,000.
Pro se
Filed: 11/9/2012. CL12003131[/private]