The Docket: Court Roundup for 11.29.12

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Dwight Snead Landscaping & Paving Co. d/b/a Dwight Snead Construction Company v. Nutri-Blend Inc.
Plaintiff says it entered into a teaming agreement with defendant on or about Jan. 18, 2012, and that defendant breached the contract by refusing to enter into a subcontract by DC WATER. Plaintiff seeks compensatory damages of not less than $1 million.
Law firm: Thomas M. Wolf and John “Jack” M. Robb III of LeClairRyan
Filed: 11/13/2012. CL12004900

Camryn Paige Miller, a minor, by her parents and next friends, Betsy Ralph Miller and Brian Gene Miller; and Betsy Ralph Miller and Brian Gene Miller, individually v. Chippenham & Johnston-Willis Hospitals Inc. d/b/a CJW Medical Center
On Oct. 31, 2008, Camryn, then age about 19 months, presented at CJW Medical Center and was admitted with a right perineal abscess. Plaintiffs say Camryn was administered an overdose of Vancomycin on Oct. 31-Nov. 1, 2008, and that as a result, she developed Vancomycin toxicity and sustained acute renal failure. Plaintiffs say she was transferred to VCU Health Systems, Medical College of Virginia Hospital on Nov. 2 to obtain dialysis to treat the toxicity and renal failure. During dialysis, plaintiffs say, Camryn experienced complications, which caused her to sustain an anoxic/hypoxic brain injury. Plaintiffs allege negligence and seek compensatory damages for Camryn in the principal amount of $10 million, and compensatory damages for her parents in the principal sum of $1 million.
Law firm: Thomas W. Williamson Jr. of Williamson Petty
Filed: 11/15/2012. CL12004933

RJ Smith Construction Inc. v. LR Countryside LLC; Lockridge Richmond LLC; Lockridge Inc.; Keystone Management Systems Inc.; and Lockridge Homes LLC
Plaintiff says the defendants are believed to be alternate egos for one another. Plaintiff says that on or about Jan. 26, 2006, it entered into a contract with LR Countryside under which plaintiff was to perform certain work on real property which is and was owned by Lockridge Inc. Plaintiff says it performed all services under the contract and completed the work on or about March 2008. Plaintiff alleges breach of contract and alleges LR Countryside LLC was a sham/alternate ego for defendant companies to enter into construction contracts in order to avoid liability from said contracts. Plaintiff seeks judgment in principal sum of $156,480.75.
Law firm: Teddy J. Midkiff of Goff & Midkiff
Filed: 11/15/2012. CL12004934 [private]

Extreme Marketing Inc. v. Jamal Enterprises Inc. d/b/a 360 Convenience Store; and ATM World Inc.
Plaintiff says on or about July 21, 2009, it entered into an exclusive agreement with defendant Jamal for placement and operations of an ATM in the 360 Convenience Store at 1912 Mechanicsville Turnpike. On or about May 2012, plaintiff says Jamal entered into an agreement with defendant ATM World to place an ATM in the market. On or about September 2012, plaintiff says Jamal disconnected the ATM operated by plaintiff, but continued to permit ATM World to operate a machine. Plaintiff alleges breach of contract and seeks judgment in principal sum of $100,000 against each defendant, plus $250,000 in punitive damages.
Law firm: Reginald M. Barley
Filed: 11/15/2012. CL12004937

Brad Mabe, administrator of the estate of Bonnie Lee Hodge v. SP Grayson Inc.; Consulate Health Care LLC; Consulate Management Company LLC; and Ambassador Rehabilitation Services LLC
Plaintiff Hodge was placed at a nursing home facility prior to Dec. 17, 2011, with instructions to be limited to a soft food diet. On or about Dec. 26, 2011, she was given a cheese sandwich, plaintiff says, and as a result choked and became unresponsive and died later that day. Plaintiff alleges negligence and failure to implement appropriate measures, and seeks judgment in principal sum of $5 million.
Law firm: Russell W. Updike, Nolan R. Nicely Jr. and Jennifer K.M. Crawford of Wilson, Updike & Nicely
Filed: 11/16/2012. CL12004992

Richard A. Masters, member of B.D.C., L.C.; Richard A. Masters, individually; Travis M. Bacile, member of B.D.C., L.C.; and Travis M. Bacile, individually v. Antonio Hawkins, managing member of B.D.C., L.C.; and Antonio Hawkins, individually; in RE: B.D.C., L.C., a/k/a The Metro Grill, 301 N. Robinson St.
A restaurant-related dispute. Plaintiff claims the defendant used funds from Metro Grill to support another restaurant he operated. Plaintiffs seek to declare defendant as disassociated as a result of being a debtor in bankruptcy; disassociated as a result of wrongful conduct, ordering the sale of the company to plaintiffs, subordinating his interest in the company to non-defaulting members, fixing a value to his interest in the company and selling his interest or entering judgment for plaintiffs as individuals in the amount of $40,000 each plus proportionate share of profits from April 2012 through the date of judgment, among other relief.
Law firm: Keith A. Pagano, Seth J. Marks and Shameka L. Hall of Pagano & Marks
Filed: 11/16/2012. CL12005000

Ruffin & Payne Inc. v. James E. Bowles Builders Inc.; James E. Bowles, individually; and Ann B. Bowles
Plaintiff says defendant contracted to buy materials and that plaintiff is due money. Plaintiff seeks judgment in principal sum of $45,030.12.
Law firm: William D. Bayliss III of Williams, Mullen, Clark & Dobbins
Filed: 11/19/2012. CL12005014

Luis A. Santiago v. Lamken Enterprises Inc. d/b/a System4; Lamken Enterprises Inc. d/b/a System4 of Washington, D.C.; System4 Commercial Cleaning of Richmond; System4 of Virginia; System4-RCH; Lamken Enterprises Inc.; and 8 other defendants
Plaintiff says that on or about Nov. 20, 2010, he walked into a room of a facility owned by Comcast that had recently been waxed unaware of the slippery floor, fell and was seriously injured. Plaintiff seeks judgment in principal sum of $1 million.
Law firm: C. James Williams III of Burnett & Williams
Filed: 11/19/2012. CL12005019

Mary Bitner v. Walmart Stores Inc.; Walmart Stores East LP; Walmart; Kimberly Crawford; Cheryl Evans; and John Doe
Plaintiff says on Dec. 1, 2010, she was in the store at 12000 Iron Bridge Road, Chester, and was struck by a cart being operated by employees Crawford and Evans and/or John Doe, and that she sustained serious injuries. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Emmet D. Alexander, Michael R. Krol and Amanda E. DeBerry of Alexander Law Group
Filed: 11/20/2012. CL12005039

James Michael Jordan v. Tobacco Co. Associates LLC t/a The Tobacco Company
On or about March 6, 2009, plaintiff says he was in the restaurant at 1201 E. Cary St. Plaintiff alleges defendant allowed certain hazardous conditions in the restaurant, including but not limited to unsafe lighting conditions on the third floor dining area stairway and/or hallways, unsafe designs and construction of the staircase on the third floor by the back bar, and that because of the conditions, he sustained injuries. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: Brody H. Reid of Reid Goodwin
Filed: 11/21/2012. CL12005048

Timothy Spivey v. 2001 East Broad Street LP
Plaintiff says he was delivering construction materials to defendant on or about Jan. 12, 2011, when he slipped and fell on a sheet of ice. Plaintiff seeks judgment in principal sum of $1 million.
Law firm: Seth Carroll of Geoffrey R. McDonald & Associates
Filed: 11/21/2012. CL12005049


BVT Games Fund IV Dynamic GmbH & Co. KG v. USA Southpeak Interactive Corp.
This is a garnishment of $4,775,151.97.
Jennifer A. Brust of Bean, Kinney and Korman
Filed: 11/6/2012. CL12003335

Darryl Titus v. Penske Truck Leasing Company, L.P.; and Penske Truck Leasing Corporation
Plaintiff says that on or about Aug. 8, 2011, he was operating a truck owned by defendants. He alleges that the truck’s step was defective, so while entering the vehicle he fell and sustained serious injuries. Plaintiff seeks judgment in principal sum of $1 million.
Law firm: Seth Carroll of Geoffrey R. McDonald & Associates
Filed: 11/15/2012. CL12003401

Doug Fearrington and Stefanie Fearrington v. Henning Construction Company LLC
Plaintiffs say defendant failed to perform certain work in their home under a construction agreement dated June 15, 2011, and seek judgment in principal sum of $500,000.
Law firm: Douglas M. Palais and David J. Sensenig of Park Palais
Filed: 11/15/2012. CL12003404

Jennifer M. Prevette v. Guru Dave, Inc.
Plaintiff says she was a guest in a hotel owned by defendant, the Executive Inn and Suites Hotel on Jefferson Davis Highway, when she was caused to be injured. Plaintiff seeks judgment in principal sum of $450,000.
Law firm: D. Brooks Hundley of Hundley & Johnson
Filed: 11/16/2012. CL12003408

Highlands West, L.L.C. v. Fairweather Investments, LLC
Defendant acquired approximately 1,435 acres of land known as the Burruss Land Tract in Matoaca District, and entered into a contract with plaintiff dated Jan. 16, 2004, wherein plaintiff was to acquire a 30 percent interest as a tenant in common with defendant, which would then own a 70 percent share. The purchase price to be paid by plaintiff was $1,275,000. Plaintiff says defendant failed to fulfill its financial obligations, which resulted in the prospect of plaintiff losing its 30 percent interest as a tenant in common. Due to personal financial problems of Fairweather, the limited liability company and its principal member, David Fairweather, have had to borrow approximately $6 million to carry the obligations of defendant, plaintiff says, and in doing so pledged all the land in the Burruss Land Tract to several lenders to secure loans made to defendant, with the exception of 435 acres. Plaintiff says defendant could pledge only its 70 percent interest in the real estate used as collateral to secure the loans, and says that defendant pledged that if plaintiff would subordinate its 30 percent interest, it would keep the loans current. Defendant has failed to do so and the loans have been defaulted, which places the entire project in jeopardy of foreclosure. Plaintiff seeks order declaring that the subordination of the 30 percent interest to defendant’s lenders shall be deemed null and void so that plaintiff owns its 30 percent interest free and clear of any liens and encumbrances. Plaintiff also seeks judgment of $4 million.
Law firm: William D. Bayliss and Joseph E. Blackburn III of Williams, Mullen, Clark & Dobbins
Filed: 11/20/2012. CL12003444

VSC Fire & Security Inc. v. Prestige Construction Group Inc.
Plaintiff says defendant is indebted to it for work performed and materials supplied, and seeks judgment of not less than $36,586.27.
Law firm: Courtney Moates Paulk and Nathaniel L. Story of Hirschler Fleischer
Filed: 11/21/2012. CL12003447


SunTrust Mortgage Inc. v. W.R. Starkey Mortgage LLP
Plaintiff alleges breach of contract and indemnification, and seeks judgment of an amount not less than $295,383.09 and other relief.
Law firm: Brian R.M. Adams and Matthew Yanovitch of Spotts Fain
Filed: 11/13/2012. CL12003147


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