The Docket: Local Court Roundup for 7.11.13

Henrico County Circuit Court

Affinity Group Underwriters, Inc. v. Century Healthcare, LLC
Plaintiff says it provided services to ACE American Insurance in exchange for commissions collected and defendant performed a sales and administrative function for group accounts insured by ACE. Plaintiff alleges that defendant proposed to ACE that if ACE would break the agreement with plaintiff by withholding earned commissions and instead pay those commissions to defendant, then defendant would steer additional business to ACE. Plaintiff further alleges that defendant told ACE that unless ACE breached the agreement that defendant would boycott ACE. Plaintiff alleges tortious interference with contract and business conspiracy and seeks $400,000 in compensatory damages and $1.2 million in punitive damages.
Law firm: David D. Hopper of Cook, Heyward, Lee, Hopper & Feehan
Filed: 6/24/2013. CL13001679

Stanley M. Vickhouse v. Dominion Residential Mortgage, Inc.
Plaintiff says he served as president of Dominion Sept. 1, 2012, until April 22, 2013, and that defendant has failed to pay him all compensation to which he is entitled. Plaintiff seeks judgment in principal sum of at least $50,000.
Law firm: David D. Hopper of Cook, Heyward, Lee, Hopper & Feehan
Filed: 6/24/2013. CL13001683[private]

Wells Fargo Bank, N.A. f/k/a Wachovia Bank, N.A. v. BTB Investments, LLC; Charles B. Blankenship Jr.; and Betty T. Blankenship
Plaintiff says defendant has defaulted on a note and seeks judgment in principal sum of $114,684.35.
Law firm: Rachelle E. Hill of Bean, Kinney & Korman
Filed: 6/28/2013. CL13001731

Michelle DePew v. G-Force Events, Inc. t/a G-Force Karts, LLC
Plaintiff alleges defendant operated an indoor sports facility at 4245 Carolina Ave. in a negligent manner. She says her harness was not properly secured before she entered the track and due to a design flaw, she entered in the wrong direction. Plaintiff says she was struck by a driver whose cart landed on top of her, severing the tip of her left-hand small finger. Plaintiff seeks judgment of $100,000.
Law firm: Erin Purdy of Whiteford, Taylor & Preston
Filed: 6/28/2013. CL13001735

M.E. Keeton Electrical Contractor, Inc. v. Henning Construction Company, LLC and Hermitage Manor, LLC
Plaintiff says it was a subcontractor for defendant in the renovation of Hermitage Manor Apartments and has not been paid the balance due of $38,127.72.
Law firm: Derrick E. Rosser
Filed: 6/28/2013. CL13001739

R.A. Siewers, Inc. v. Henning Construction Company, LLC; G. Thomas Henning; Hermitage Manor, LLC; and Automated Air Systems, Inc.
Plaintiff says it furnished materials for use on the Hermitage Manor Apartments project in fall 2012, and recorded a mechanic’s lien in March 2013. Plaintiff alleges breach of contract and seeks judgment in principal sum of $23,533.45.
Law firm: Derrick E. Rosser
Filed: 7/1/2013. CL13001755

Patrick Dorgan and Meghan Dorgan v. Jumpology of Virginia LLC
Plaintiffs say a boxlike structure located next to a trampoline caused injuries including loss of teeth and permanent scarring to their 10-year-old daughter and seek judgment in principal sum of $45,000.
Law firm: W. Brian McCann of The McCann Law Firm
Filed: 7/2/2013. CL13001756

Chesterfield County Circuit Court

Kevin T. Corby and Carol A. Corby v. Bel Arbor Builders, Inc.
Plaintiffs allege numerous major defects in a home constructed by defendant and seek judgment in principal sum of $124,264.89.
Law firm: Ryan T. Spetz of Gordon, Dodson, Gordon & Rowlett
Filed: 6/26/2013. CL13001768

Old Dominion Insulation, Inc. v. American Veteran Construction Co.
Plaintiff says it performed work for defendant at the Veterans Administration Hospital in Hampton for which it has not been paid and seeks judgment in principal amount of $226,433.58.
Law firm: Teddy J. Midkiff of Dillon and Midkiff
Filed: 6/28/2013. CL13001806

CMA CGM (America) LLC v. Milestone Metals, Inc.
Plaintiff says it provided shipping and transportation services to defendant and is owed a principal balance of $44,003.87.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 7/1/2013. CL13001824

State Farm Fire and Casualty Co. a/s/o Brandon Stites and Jennifer Stites v. Centex Homes
Plaintiff says defendant negligently installed crown molding, driving a nail through a cold water supply line, which caused water damage to the residence and to personal property. Plaintiff seeks judgment in principal sum of $31,936.87.
Law firm: Joel W. Morgan of Brenner, Evans & Millman
Filed: 7/2/2013. CL13001837

Richmond Circuit Court

Debbie Bowman v. Branscome Inc.
Plaintiff says she tripped and fell because of a dangerous condition on defendant’s premises and seeks judgment in principal sum of $580,000.
Law firm: M. Scott Bucci of Bucci & Dix
Filed: 6/21/2013. CL13002841

Cora Belle Davis v. Emporia Manor, LLC
Plaintiff says defendant, a nursing/rehab facility, permitted her to fall while being put to bed by a CNA and she suffered a femur fracture. Plaintiff alleges negligence and seeks judgment in principal sum of $2 million.
Law firm: Robert W. Carter Jr. and Ellen C. Bognar of the Law Offices of Robert W. Carter Jr.
Filed: 6/24/2013. CL13002849

Jack Eugene Guentz v. Derek R. Brinster, M.D.
Plaintiff says defendant failed to obtain his informed consent prior to surgery for an aortic dissection at Virginia Commonwealth University Medical Center or his consent to participate in a research study, and alleges he suffered acute and chronic complications. Plaintiff seeks compensatory damages of $2,050,000.
Law firm: Matthew W. Smith and W. McClain Napier of Otey Smith & Quarles
Filed: 6/24/2013. CL13002858

Richard Farrell v. CSX Transportation, Inc.
Plaintiff says defendant maintained a railroad crossing on Cofer Road in a dangerous and hazardous condition, and while he was operating a Harley Davidson motorcycle, the front wheel struck a rubber structure protruding upward and the back wheel caught in a depression, causing him to be thrown into the windshield and causing the cycle to fall. Plaintiff seeks judgment in principal sum of $5 million.
Law firm: Walter Emroch of Emroch & Kilduff
Filed: 6/26/2013. CL13002872

Barbara A. Havens v. Verisk Health, Inc. and Jamie Wells
Plaintiff alleges willful misconduct by defendant that led to her forced resignation, failure to properly compensate her, retaliation for legitimate good-faith complaints plaintiff made regarding improper corporate conduct, and defamatory statements made by Wells, president of the revenue integrity division. Plaintiff seeks damages of not less than $625,000.
Law firm: Andrew P. Sherrod and Jaime B. Wisegarver of Hirschler Fleischer
Filed: 6/26/2013. CL13002874

Dina Albert v. Alexandra J. Tate, M.D. and Summit Health Care, Inc. t/a Virginia Women’s Center
Plaintiff says defendant inserted an intrauterine device Dec. 27, 2001, and she immediately began experiencing problems and asked defendant to remove it but defendant reported she was unable to locate the device, which must have “passed.” Plaintiff says she suffered maladies, for which she sought medical treatment, through July 26, 2012. A CT scan revealed the presence of the IUD outside her uterus. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Mark J. Favaloro of Shapiro, Lewis, Appleton & Favaloro
Filed: 6/27/2013. CL13002880

Preston Bass v. Dennis S. Cohen, M.D. and Jed S. Vanichkachorn
Plaintiff says that during spinal fusion surgery defendants negligently cut into his small bowel, causing him to have to undergo a small bowel resection and enteroenterostomy to which he did not consent. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: J. Thompson Cravens and David P. Morgan of Cravens & Noll
Filed: 6/28/2013. CL13002893

Lawrence Warble v. Choate Construction Company and True Communications, Inc.
Plaintiff says Choate oversaw the construction and renovation of the John Marshall Hotel and that True left unbundled cables running along the floor, over which he tripped. Plaintiff seeks judgment in principal sum of $750,000.
Law firm: Seth B. Carroll of Geoffrey R. McDonald & Associates
Filed: 7/1/2013. CL13002905

Larkin Garbee and James River Tile & Stone Art, Inc. v. Max Walraven and Citystone, LLC d/b/a City Stone Group
Plaintiff says he has been harmed as a result of Walraven’s breach of contract between the two, Walraven’s repeated breaches of his fiduciary duty to James River Tile as a former officer and shareholder and defendants’ acts of unfair competition and tortious interference. Plaintiff seeks damages of $375,000.
Law firm: Abram J. Pafford and Andrew W. Childress of Pafford Lawrence & Childress
Filed: 7/1/2013. CL13002917

Stephen E. Aldo v. Medical College of Virginia Hospitals Auxiliary of Virginia Commonwealth University Health System t/a VCU Medical Center and MCV Hospitals; MCV Associated Physicians; Sara Monroe, M.D.; John V. Nixon, M.D.; Cassaundra A. Wright, N.P. a/k/a Cassaundra W. Minter, N.P.; Vicki Lewis, RPH; Critical Care Systems, Inc.; Capital Home Health Care, Inc.; Bull Run Family Practice, P.C.; and Michael D. Perez
Plaintiff says he was admitted to MCV suffering from ventricular tachycardia and received antibiotics for treatment of gram-positive cocci. Plaintiff alleges that through negligence he suffered acute gentamicin poisoning, leading to severe personal injuries. Plaintiff seeks judgment in principal sum of $8 million.
Law firm: Leonard C. Heath Jr. and Joseph F. Verser of Heath, Overbey and Verser
Filed: 7/3/2013. CL13002972

Tammie L. Gagliano v. Margaret Ann Egorova a/k/a Margeaux Egorova and Red Robin International, Inc.
Plaintiff says as she was exiting the restroom at the restaurant at 11784 W. Broad St. the door suddenly and without warning slammed shut on her hand, causing severe injury. Plaintiff seeks judgment in principal amount of $292,861.50.
Law firm: James Mick Kessel of Allen, Allen, Allen & Allen
Filed: 7/1/2013. CL13002987

Sandra L. Souders v. Medical Facilities of America LIV d/b/a Beaufont Health & Rehabilitation Center and David Shumpis
Plaintiff, an invitee on premises, says she was caused to fall because of a watery substance on the floor and seeks judgment of $5 million.
Law firm: Walter Emroch of Emroch & Kilduff
Filed: 7/5/2013. CL13002989

TBF Financial LLC v. Powerpact, LLC
Plaintiff says defendant entered into a lease for equipment with Konica Minolta and is in default. Plaintiff seeks judgment in principal sum of $59,010.15.
Law firm: Ronald William Stern
Filed: 7/8/2013. CL13002992[/private]

Henrico County Circuit Court

Affinity Group Underwriters, Inc. v. Century Healthcare, LLC
Plaintiff says it provided services to ACE American Insurance in exchange for commissions collected and defendant performed a sales and administrative function for group accounts insured by ACE. Plaintiff alleges that defendant proposed to ACE that if ACE would break the agreement with plaintiff by withholding earned commissions and instead pay those commissions to defendant, then defendant would steer additional business to ACE. Plaintiff further alleges that defendant told ACE that unless ACE breached the agreement that defendant would boycott ACE. Plaintiff alleges tortious interference with contract and business conspiracy and seeks $400,000 in compensatory damages and $1.2 million in punitive damages.
Law firm: David D. Hopper of Cook, Heyward, Lee, Hopper & Feehan
Filed: 6/24/2013. CL13001679

Stanley M. Vickhouse v. Dominion Residential Mortgage, Inc.
Plaintiff says he served as president of Dominion Sept. 1, 2012, until April 22, 2013, and that defendant has failed to pay him all compensation to which he is entitled. Plaintiff seeks judgment in principal sum of at least $50,000.
Law firm: David D. Hopper of Cook, Heyward, Lee, Hopper & Feehan
Filed: 6/24/2013. CL13001683[private]

Wells Fargo Bank, N.A. f/k/a Wachovia Bank, N.A. v. BTB Investments, LLC; Charles B. Blankenship Jr.; and Betty T. Blankenship
Plaintiff says defendant has defaulted on a note and seeks judgment in principal sum of $114,684.35.
Law firm: Rachelle E. Hill of Bean, Kinney & Korman
Filed: 6/28/2013. CL13001731

Michelle DePew v. G-Force Events, Inc. t/a G-Force Karts, LLC
Plaintiff alleges defendant operated an indoor sports facility at 4245 Carolina Ave. in a negligent manner. She says her harness was not properly secured before she entered the track and due to a design flaw, she entered in the wrong direction. Plaintiff says she was struck by a driver whose cart landed on top of her, severing the tip of her left-hand small finger. Plaintiff seeks judgment of $100,000.
Law firm: Erin Purdy of Whiteford, Taylor & Preston
Filed: 6/28/2013. CL13001735

M.E. Keeton Electrical Contractor, Inc. v. Henning Construction Company, LLC and Hermitage Manor, LLC
Plaintiff says it was a subcontractor for defendant in the renovation of Hermitage Manor Apartments and has not been paid the balance due of $38,127.72.
Law firm: Derrick E. Rosser
Filed: 6/28/2013. CL13001739

R.A. Siewers, Inc. v. Henning Construction Company, LLC; G. Thomas Henning; Hermitage Manor, LLC; and Automated Air Systems, Inc.
Plaintiff says it furnished materials for use on the Hermitage Manor Apartments project in fall 2012, and recorded a mechanic’s lien in March 2013. Plaintiff alleges breach of contract and seeks judgment in principal sum of $23,533.45.
Law firm: Derrick E. Rosser
Filed: 7/1/2013. CL13001755

Patrick Dorgan and Meghan Dorgan v. Jumpology of Virginia LLC
Plaintiffs say a boxlike structure located next to a trampoline caused injuries including loss of teeth and permanent scarring to their 10-year-old daughter and seek judgment in principal sum of $45,000.
Law firm: W. Brian McCann of The McCann Law Firm
Filed: 7/2/2013. CL13001756

Chesterfield County Circuit Court

Kevin T. Corby and Carol A. Corby v. Bel Arbor Builders, Inc.
Plaintiffs allege numerous major defects in a home constructed by defendant and seek judgment in principal sum of $124,264.89.
Law firm: Ryan T. Spetz of Gordon, Dodson, Gordon & Rowlett
Filed: 6/26/2013. CL13001768

Old Dominion Insulation, Inc. v. American Veteran Construction Co.
Plaintiff says it performed work for defendant at the Veterans Administration Hospital in Hampton for which it has not been paid and seeks judgment in principal amount of $226,433.58.
Law firm: Teddy J. Midkiff of Dillon and Midkiff
Filed: 6/28/2013. CL13001806

CMA CGM (America) LLC v. Milestone Metals, Inc.
Plaintiff says it provided shipping and transportation services to defendant and is owed a principal balance of $44,003.87.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 7/1/2013. CL13001824

State Farm Fire and Casualty Co. a/s/o Brandon Stites and Jennifer Stites v. Centex Homes
Plaintiff says defendant negligently installed crown molding, driving a nail through a cold water supply line, which caused water damage to the residence and to personal property. Plaintiff seeks judgment in principal sum of $31,936.87.
Law firm: Joel W. Morgan of Brenner, Evans & Millman
Filed: 7/2/2013. CL13001837

Richmond Circuit Court

Debbie Bowman v. Branscome Inc.
Plaintiff says she tripped and fell because of a dangerous condition on defendant’s premises and seeks judgment in principal sum of $580,000.
Law firm: M. Scott Bucci of Bucci & Dix
Filed: 6/21/2013. CL13002841

Cora Belle Davis v. Emporia Manor, LLC
Plaintiff says defendant, a nursing/rehab facility, permitted her to fall while being put to bed by a CNA and she suffered a femur fracture. Plaintiff alleges negligence and seeks judgment in principal sum of $2 million.
Law firm: Robert W. Carter Jr. and Ellen C. Bognar of the Law Offices of Robert W. Carter Jr.
Filed: 6/24/2013. CL13002849

Jack Eugene Guentz v. Derek R. Brinster, M.D.
Plaintiff says defendant failed to obtain his informed consent prior to surgery for an aortic dissection at Virginia Commonwealth University Medical Center or his consent to participate in a research study, and alleges he suffered acute and chronic complications. Plaintiff seeks compensatory damages of $2,050,000.
Law firm: Matthew W. Smith and W. McClain Napier of Otey Smith & Quarles
Filed: 6/24/2013. CL13002858

Richard Farrell v. CSX Transportation, Inc.
Plaintiff says defendant maintained a railroad crossing on Cofer Road in a dangerous and hazardous condition, and while he was operating a Harley Davidson motorcycle, the front wheel struck a rubber structure protruding upward and the back wheel caught in a depression, causing him to be thrown into the windshield and causing the cycle to fall. Plaintiff seeks judgment in principal sum of $5 million.
Law firm: Walter Emroch of Emroch & Kilduff
Filed: 6/26/2013. CL13002872

Barbara A. Havens v. Verisk Health, Inc. and Jamie Wells
Plaintiff alleges willful misconduct by defendant that led to her forced resignation, failure to properly compensate her, retaliation for legitimate good-faith complaints plaintiff made regarding improper corporate conduct, and defamatory statements made by Wells, president of the revenue integrity division. Plaintiff seeks damages of not less than $625,000.
Law firm: Andrew P. Sherrod and Jaime B. Wisegarver of Hirschler Fleischer
Filed: 6/26/2013. CL13002874

Dina Albert v. Alexandra J. Tate, M.D. and Summit Health Care, Inc. t/a Virginia Women’s Center
Plaintiff says defendant inserted an intrauterine device Dec. 27, 2001, and she immediately began experiencing problems and asked defendant to remove it but defendant reported she was unable to locate the device, which must have “passed.” Plaintiff says she suffered maladies, for which she sought medical treatment, through July 26, 2012. A CT scan revealed the presence of the IUD outside her uterus. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Mark J. Favaloro of Shapiro, Lewis, Appleton & Favaloro
Filed: 6/27/2013. CL13002880

Preston Bass v. Dennis S. Cohen, M.D. and Jed S. Vanichkachorn
Plaintiff says that during spinal fusion surgery defendants negligently cut into his small bowel, causing him to have to undergo a small bowel resection and enteroenterostomy to which he did not consent. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: J. Thompson Cravens and David P. Morgan of Cravens & Noll
Filed: 6/28/2013. CL13002893

Lawrence Warble v. Choate Construction Company and True Communications, Inc.
Plaintiff says Choate oversaw the construction and renovation of the John Marshall Hotel and that True left unbundled cables running along the floor, over which he tripped. Plaintiff seeks judgment in principal sum of $750,000.
Law firm: Seth B. Carroll of Geoffrey R. McDonald & Associates
Filed: 7/1/2013. CL13002905

Larkin Garbee and James River Tile & Stone Art, Inc. v. Max Walraven and Citystone, LLC d/b/a City Stone Group
Plaintiff says he has been harmed as a result of Walraven’s breach of contract between the two, Walraven’s repeated breaches of his fiduciary duty to James River Tile as a former officer and shareholder and defendants’ acts of unfair competition and tortious interference. Plaintiff seeks damages of $375,000.
Law firm: Abram J. Pafford and Andrew W. Childress of Pafford Lawrence & Childress
Filed: 7/1/2013. CL13002917

Stephen E. Aldo v. Medical College of Virginia Hospitals Auxiliary of Virginia Commonwealth University Health System t/a VCU Medical Center and MCV Hospitals; MCV Associated Physicians; Sara Monroe, M.D.; John V. Nixon, M.D.; Cassaundra A. Wright, N.P. a/k/a Cassaundra W. Minter, N.P.; Vicki Lewis, RPH; Critical Care Systems, Inc.; Capital Home Health Care, Inc.; Bull Run Family Practice, P.C.; and Michael D. Perez
Plaintiff says he was admitted to MCV suffering from ventricular tachycardia and received antibiotics for treatment of gram-positive cocci. Plaintiff alleges that through negligence he suffered acute gentamicin poisoning, leading to severe personal injuries. Plaintiff seeks judgment in principal sum of $8 million.
Law firm: Leonard C. Heath Jr. and Joseph F. Verser of Heath, Overbey and Verser
Filed: 7/3/2013. CL13002972

Tammie L. Gagliano v. Margaret Ann Egorova a/k/a Margeaux Egorova and Red Robin International, Inc.
Plaintiff says as she was exiting the restroom at the restaurant at 11784 W. Broad St. the door suddenly and without warning slammed shut on her hand, causing severe injury. Plaintiff seeks judgment in principal amount of $292,861.50.
Law firm: James Mick Kessel of Allen, Allen, Allen & Allen
Filed: 7/1/2013. CL13002987

Sandra L. Souders v. Medical Facilities of America LIV d/b/a Beaufont Health & Rehabilitation Center and David Shumpis
Plaintiff, an invitee on premises, says she was caused to fall because of a watery substance on the floor and seeks judgment of $5 million.
Law firm: Walter Emroch of Emroch & Kilduff
Filed: 7/5/2013. CL13002989

TBF Financial LLC v. Powerpact, LLC
Plaintiff says defendant entered into a lease for equipment with Konica Minolta and is in default. Plaintiff seeks judgment in principal sum of $59,010.15.
Law firm: Ronald William Stern
Filed: 7/8/2013. CL13002992[/private]

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