The Docket: Court roundup for 10.3.13

Richmond Circuit Court

Orbital Sciences Corporation v. The Virginia Commercial Space Flight Authority; Commonwealth of Virginia; and David A. Von Moll, in his capacity as Comptroller of the Commonwealth
Plaintiff, a commercial space flight company, alleges defendant failed to obtain sufficient funding to complete construction at the Mid-Atlantic Regional Spaceport (MARS) on Wallops Island, and that it reluctantly began advancing sums to defendant to enable the construction to continue, made in the form of plaintiff purchasing equipment and other assets from defendant, which defendant would repurchase when funding was available from the Commonwealth, expected in 2012. Plaintiff alleges breach of contract and seeks judgment in principal sum of $16.5 million.
Law firm: Hugh M. Fain III, M.F. Connell Mullins Jr. and Edward Everett Bagnell Jr. of Spotts Fain
Filed: 9/24/2013. CL13004379

Canal Walk Builders, LLC v. Southern Comfort Heating and Cooling, Inc.; Skip and Ray Services, Inc. f/k/a Southern Comfort Heating and Cooling, Inc.; and Three Bridges Mechanical, Inc. f/k/a Southern Comfort Heating and Cooling, Inc.
Plaintiff says defendant agreed to furnish labor, materials and equipment to complete mechanical systems at North Falls Apartments but failed to properly staff the job, failed to meet deadlines and was several months behind when plaintiff sent notice of default. Plaintiff says defendant failed to bring the job current, the owner hired another subcontractor to supplement the work, and then defendant walked off the job. Plaintiff seeks judgment in principal sum of $250,000.
Law firm: William D. Bayliss and Joseph E. Blackburn III of Williams, Mullen, Clark & Dobbins
Filed: 9/25/2013. CL13004390[private]

Francis Kinnier Jr. v. Amazon Corporate, LLC; Shambaugh & Son, LP; and Colon Construction Company
Plaintiff, as an employee of the Chesterfield County Fire Department, says he was performing inspections of a sprinkler system at 1901 Meadowville Technology Parkway when a Shambaugh employee negligently operated the water on/off access to a hose, causing the hose to move violently and suddenly, striking him and causing him to fall and be injured. Plaintiff seeks judgment in principal sum of $72,500.
Law firm: Brody H. Reid and Brooke T. Alexander of Reid Goodwin
Filed: 9/26/2013. CL13004396

Essex Insurance Company and Evanston Insurance Company v. Venture Richmond, Inc.
Plaintiffs seek a declaration that they are not obligated to provide a defense nor pay indemnity under two insurance policies issued to defendant as it relates to the matter styled as Frederick “Toots” Hibbert v. Metropolitan Sports Backers, et. al., in the Circuit Court for the City of Richmond, Case No. CL13003763.
Law firm: Robert E. Rider Jr. and Kathryn Grace of Wilson Elser Moskowitz Edelman & Dicker
Filed: 9/26/2013. CL13004398

Colortree Group, Inc., successor by merger to Direct Impressions, Inc. v. Digital Ink, Inc. d/b/a Think Printing and Mailing, a/k/a Think Printing
Plaintiff says defendant contracted it to print 16 jobs consisting of direct mail advertising related to the federal election on Nov. 6, 2012. Separately, Harte-Hanks Direct Marketing/Baltimore, Inc. agreed to handle all finishing and mailing services. A dispute subsequently arose among the three parties. A settlement agreement was reached between defendant and plaintiff, but plaintiff says defendant has failed to compensate it per the settlement and seeks judgment in principal sum of $27,000.
Law firm: Calvin W. Fowler Jr. and Brendan D. O’Toole of Williams, Mullen, Clark & Dobbins
Filed: 9/27/2013. CL13004409

Shelly L. Harris v. Richmond Redevelopment and Housing Authority and Friends Association for Children
Plaintiff says she was dropping off her granddaughter at childcare when she was caused to slip and fall due to water leaking from the ceiling. Plaintiff says she suffered permanent injuries and seeks judgment in principal sum of $956,560.
Law firm: Richard W. Zahn Jr., The Joel Bieber Firm
Filed: 9/30/2013. CL13004420

Valerie M. Bester v. Applebee’s of Virginia, Inc.
Plaintiff says she was entering the building at 10823 Hull Street Road when she was caused to slip and fall because of a negligently maintained passageway, and seeks judgment in principal sum of $60,000.
Law firm: Joel G. Clarke and Malcolm Parks of Maloney, Parks & Clarke
Filed: 9/30/2013. CL13004421

Medimpact Healthcare Systems, Inc. v. Leonard L. Edloe Corporation
Plaintiff says it provided Edloe’s Pharmacy, formerly at 1124 North 25th St., with prescription drugs under terms of a MedCare Pharmacy Network agreement, and defendant has a balance due of $157,766.95.
Law firm: David H. Gouger
Filed: 9/30/2013. CL13004422

Jeremy Everett v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $50 million.
Law firm: P. Christopher Guedri, Jason W. Konvicka and Christopher Toepp of Allen, Allen, Allen & Allen
Filed: 9/30/2013. CL13004424

Lon Bickham v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $250 million.
Law firm: P. Christopher Guedri, Jason W. Konvicka and Christopher Toepp of Allen, Allen, Allen & Allen
Filed: 9/30/2013. CL13004425

Annjon Company v. MacLaren Jewelers, LLC; G. MacLaren Brydon III; and Katherine A. Brydon
This is a confessed judgment of $1,767,331.62.
Law firm: Ayers & Stolte
Filed: 9/30/2013. CL13004426

Trent Kimbrell v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $20 million.
Law firm: Charles H. Cuthbert Jr. and Richard M. Cuthbert of Cuthbert Law Offices
Filed: 9/30/2013. CL13004427

Chesterfield County Circuit Court

Mediterranean Shipping Co., Inc. v. JOMI, LLC
Plaintiff says defendant is indebted to it for $31,800.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 9/23/2013. CL13002682

Scottsdale Insurance Co. v. Garcia Roofing and Construction Company
Plaintiff says it provided a Workers’ Compensation Policy based upon estimated payroll, then performed a year-end audit to determine the correct premium. Plaintiff says defendant has failed to pay amount due and seeks judgment in principal sum of $38,378.35.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 9/23/2013. CL13002683

David Dise v. PC Industries, Inc. and Kaye O. Crenshaw
Plaintiff says in December 2012 he became director of operations for defendant’s Mobility Supercenter retail store. Plaintiff says he was promised an annual salary as well as 10 percent of the difference between gross monthly revenue and monthly operating expenses, and was terminated on Aug. 9, 2013, after requesting payment of unpaid and overdue salary as a result of the net revenue. Plaintiff alleges breach of contract and fraud and seeks damages of $192,000.
Law firm: W. Barry Montgomery of Kalbaugh, Pfund & Messersmith
Filed: 9/23/2013. CL13002691

Shannon Rice v. Virginia CVS Pharmacy, L.L.C. d/b/a CVS Pharmacy No. 1836
Plaintiff says she was dispensed an antipsychotic medication used primarily for the treatment of schizophrenia and/or bi-polar disorder with mania instead of medication to treat her newly diagnosed high blood pressure at the pharmacy at 13620 Genito Road. Plaintiff says she consumed all the medication, and that during that time and for months afterward, suffered significant physical, emotional and psychiatric problems. Plaintiff seeks judgment in principal sum of $350,000.
Law firm: F. Neil Cowan Jr. of CowanGates
Filed: 9/25/2013. CL13002720

Henrico County Circuit Court

GMAC n/k/a Ally Financial Inc. v. Kaufman Medical Enterprises, Inc. and Mark D. Kaufman
Plaintiff says defendant has failed to make monthly payments on a 2010 Buick Enclave and seeks judgment in principal sum of $27,805.09 plus recovery of the vehicle.
Law firm: Carl A. Eason of Wolcott Rivers Gates
Filed: 9/24/2013. CL13002548

State Farm Fire and Casualty Company a/s/o Erica Matthews v. General Electric Company
Plaintiff says a solenoid valve in a washing machine manufactured by defendant failed, causing water damage to the residence and personal property, and seeks damages of $123,574.23.
Law firm: Joel W. Morgan and Suzanne M. Lim of Brenner, Evans & Millman
Filed: 9/27/2013. CL13002566

Adele Crawford, by her daughter and attorney in fact, Hilda Morris and Hilda Morris v. Westport Operations, LLC d/b/a Westport Rehabilitation and Nursing Center
Plaintiff says her mother was a resident at Westport from February 2007 until Sept 30, 2011, with a diagnosis that included Alzheimer’s and diabetes. Plaintiff says when she complained that her mother was being neglected, she was ignored and that efforts were made to intimidate her to prevent her from discovering shortcomings and failure in care, such as an untreated broken leg. Plaintiff says she decided to remove Mrs. Crawford, and when she went to pick her up, discovered Mrs. Crawford has been transported to her home and left on the back porch soaked in urine without her medications. Plaintiff alleges negligent and cruel treatment and seeks damages of $300,000.
Law firm: Gerald G. Poindexter of Poindexter & Associates
Filed: 9/27/2013. CL13002570[/private]

Richmond Circuit Court

Orbital Sciences Corporation v. The Virginia Commercial Space Flight Authority; Commonwealth of Virginia; and David A. Von Moll, in his capacity as Comptroller of the Commonwealth
Plaintiff, a commercial space flight company, alleges defendant failed to obtain sufficient funding to complete construction at the Mid-Atlantic Regional Spaceport (MARS) on Wallops Island, and that it reluctantly began advancing sums to defendant to enable the construction to continue, made in the form of plaintiff purchasing equipment and other assets from defendant, which defendant would repurchase when funding was available from the Commonwealth, expected in 2012. Plaintiff alleges breach of contract and seeks judgment in principal sum of $16.5 million.
Law firm: Hugh M. Fain III, M.F. Connell Mullins Jr. and Edward Everett Bagnell Jr. of Spotts Fain
Filed: 9/24/2013. CL13004379

Canal Walk Builders, LLC v. Southern Comfort Heating and Cooling, Inc.; Skip and Ray Services, Inc. f/k/a Southern Comfort Heating and Cooling, Inc.; and Three Bridges Mechanical, Inc. f/k/a Southern Comfort Heating and Cooling, Inc.
Plaintiff says defendant agreed to furnish labor, materials and equipment to complete mechanical systems at North Falls Apartments but failed to properly staff the job, failed to meet deadlines and was several months behind when plaintiff sent notice of default. Plaintiff says defendant failed to bring the job current, the owner hired another subcontractor to supplement the work, and then defendant walked off the job. Plaintiff seeks judgment in principal sum of $250,000.
Law firm: William D. Bayliss and Joseph E. Blackburn III of Williams, Mullen, Clark & Dobbins
Filed: 9/25/2013. CL13004390[private]

Francis Kinnier Jr. v. Amazon Corporate, LLC; Shambaugh & Son, LP; and Colon Construction Company
Plaintiff, as an employee of the Chesterfield County Fire Department, says he was performing inspections of a sprinkler system at 1901 Meadowville Technology Parkway when a Shambaugh employee negligently operated the water on/off access to a hose, causing the hose to move violently and suddenly, striking him and causing him to fall and be injured. Plaintiff seeks judgment in principal sum of $72,500.
Law firm: Brody H. Reid and Brooke T. Alexander of Reid Goodwin
Filed: 9/26/2013. CL13004396

Essex Insurance Company and Evanston Insurance Company v. Venture Richmond, Inc.
Plaintiffs seek a declaration that they are not obligated to provide a defense nor pay indemnity under two insurance policies issued to defendant as it relates to the matter styled as Frederick “Toots” Hibbert v. Metropolitan Sports Backers, et. al., in the Circuit Court for the City of Richmond, Case No. CL13003763.
Law firm: Robert E. Rider Jr. and Kathryn Grace of Wilson Elser Moskowitz Edelman & Dicker
Filed: 9/26/2013. CL13004398

Colortree Group, Inc., successor by merger to Direct Impressions, Inc. v. Digital Ink, Inc. d/b/a Think Printing and Mailing, a/k/a Think Printing
Plaintiff says defendant contracted it to print 16 jobs consisting of direct mail advertising related to the federal election on Nov. 6, 2012. Separately, Harte-Hanks Direct Marketing/Baltimore, Inc. agreed to handle all finishing and mailing services. A dispute subsequently arose among the three parties. A settlement agreement was reached between defendant and plaintiff, but plaintiff says defendant has failed to compensate it per the settlement and seeks judgment in principal sum of $27,000.
Law firm: Calvin W. Fowler Jr. and Brendan D. O’Toole of Williams, Mullen, Clark & Dobbins
Filed: 9/27/2013. CL13004409

Shelly L. Harris v. Richmond Redevelopment and Housing Authority and Friends Association for Children
Plaintiff says she was dropping off her granddaughter at childcare when she was caused to slip and fall due to water leaking from the ceiling. Plaintiff says she suffered permanent injuries and seeks judgment in principal sum of $956,560.
Law firm: Richard W. Zahn Jr., The Joel Bieber Firm
Filed: 9/30/2013. CL13004420

Valerie M. Bester v. Applebee’s of Virginia, Inc.
Plaintiff says she was entering the building at 10823 Hull Street Road when she was caused to slip and fall because of a negligently maintained passageway, and seeks judgment in principal sum of $60,000.
Law firm: Joel G. Clarke and Malcolm Parks of Maloney, Parks & Clarke
Filed: 9/30/2013. CL13004421

Medimpact Healthcare Systems, Inc. v. Leonard L. Edloe Corporation
Plaintiff says it provided Edloe’s Pharmacy, formerly at 1124 North 25th St., with prescription drugs under terms of a MedCare Pharmacy Network agreement, and defendant has a balance due of $157,766.95.
Law firm: David H. Gouger
Filed: 9/30/2013. CL13004422

Jeremy Everett v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $50 million.
Law firm: P. Christopher Guedri, Jason W. Konvicka and Christopher Toepp of Allen, Allen, Allen & Allen
Filed: 9/30/2013. CL13004424

Lon Bickham v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $250 million.
Law firm: P. Christopher Guedri, Jason W. Konvicka and Christopher Toepp of Allen, Allen, Allen & Allen
Filed: 9/30/2013. CL13004425

Annjon Company v. MacLaren Jewelers, LLC; G. MacLaren Brydon III; and Katherine A. Brydon
This is a confessed judgment of $1,767,331.62.
Law firm: Ayers & Stolte
Filed: 9/30/2013. CL13004426

Trent Kimbrell v. Illinois Tool Works, Inc.; The Miller Group, LTD; Miller Electric Mfg. Co.; Onan Corporation; Cummins Power Generation Inc.; Cummins Inc.; Arcent Equipment Company
Because of negligence and flaws in a welder/welder-generator product, plaintiff says a fireball-creating explosion occurred on or about April 7, 2011, while he was in its vicinity in Greensville County, Va. Plaintiff says he suffered serious, permanent and disfiguring injuries and seeks judgment in principal sum of $20 million.
Law firm: Charles H. Cuthbert Jr. and Richard M. Cuthbert of Cuthbert Law Offices
Filed: 9/30/2013. CL13004427

Chesterfield County Circuit Court

Mediterranean Shipping Co., Inc. v. JOMI, LLC
Plaintiff says defendant is indebted to it for $31,800.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 9/23/2013. CL13002682

Scottsdale Insurance Co. v. Garcia Roofing and Construction Company
Plaintiff says it provided a Workers’ Compensation Policy based upon estimated payroll, then performed a year-end audit to determine the correct premium. Plaintiff says defendant has failed to pay amount due and seeks judgment in principal sum of $38,378.35.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 9/23/2013. CL13002683

David Dise v. PC Industries, Inc. and Kaye O. Crenshaw
Plaintiff says in December 2012 he became director of operations for defendant’s Mobility Supercenter retail store. Plaintiff says he was promised an annual salary as well as 10 percent of the difference between gross monthly revenue and monthly operating expenses, and was terminated on Aug. 9, 2013, after requesting payment of unpaid and overdue salary as a result of the net revenue. Plaintiff alleges breach of contract and fraud and seeks damages of $192,000.
Law firm: W. Barry Montgomery of Kalbaugh, Pfund & Messersmith
Filed: 9/23/2013. CL13002691

Shannon Rice v. Virginia CVS Pharmacy, L.L.C. d/b/a CVS Pharmacy No. 1836
Plaintiff says she was dispensed an antipsychotic medication used primarily for the treatment of schizophrenia and/or bi-polar disorder with mania instead of medication to treat her newly diagnosed high blood pressure at the pharmacy at 13620 Genito Road. Plaintiff says she consumed all the medication, and that during that time and for months afterward, suffered significant physical, emotional and psychiatric problems. Plaintiff seeks judgment in principal sum of $350,000.
Law firm: F. Neil Cowan Jr. of CowanGates
Filed: 9/25/2013. CL13002720

Henrico County Circuit Court

GMAC n/k/a Ally Financial Inc. v. Kaufman Medical Enterprises, Inc. and Mark D. Kaufman
Plaintiff says defendant has failed to make monthly payments on a 2010 Buick Enclave and seeks judgment in principal sum of $27,805.09 plus recovery of the vehicle.
Law firm: Carl A. Eason of Wolcott Rivers Gates
Filed: 9/24/2013. CL13002548

State Farm Fire and Casualty Company a/s/o Erica Matthews v. General Electric Company
Plaintiff says a solenoid valve in a washing machine manufactured by defendant failed, causing water damage to the residence and personal property, and seeks damages of $123,574.23.
Law firm: Joel W. Morgan and Suzanne M. Lim of Brenner, Evans & Millman
Filed: 9/27/2013. CL13002566

Adele Crawford, by her daughter and attorney in fact, Hilda Morris and Hilda Morris v. Westport Operations, LLC d/b/a Westport Rehabilitation and Nursing Center
Plaintiff says her mother was a resident at Westport from February 2007 until Sept 30, 2011, with a diagnosis that included Alzheimer’s and diabetes. Plaintiff says when she complained that her mother was being neglected, she was ignored and that efforts were made to intimidate her to prevent her from discovering shortcomings and failure in care, such as an untreated broken leg. Plaintiff says she decided to remove Mrs. Crawford, and when she went to pick her up, discovered Mrs. Crawford has been transported to her home and left on the back porch soaked in urine without her medications. Plaintiff alleges negligent and cruel treatment and seeks damages of $300,000.
Law firm: Gerald G. Poindexter of Poindexter & Associates
Filed: 9/27/2013. CL13002570[/private]

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