The Docket: Local court roundup for 7.31.14

Richmond Circuit Court

Leona Jurewicz v. OrthoVirginia, Inc. f/k/a West End Orthopedic Clinic
Plaintiff says because of a breach of standard of care, she was forced to undergo a revision of her total right knee replacement and seeks judgment in principal sum of $2 million.
Law firm: Lewis T. Stoneburner and Bellamy Stoneburner of Cantor Stoneburner Ford Grana Buckner
Filed: 7/21/2014. CL14003181

LRG Construction LLC v. Chris A. Montgomery and Montgomery Consulting LLC
Plaintiff says Chris Montgomery had an ownership interest in LRG and was one of four members, and that sometime after the formation of LRG, formed Montgomery Consulting. According to Montgomery, plaintiff says, Montgomery Consulting served as “operations manager’ for LRG and was compensated as a 1099 contractor, although there was no written agreement establishing the relationship. In late 2012, plaintiff says, members realized that Montgomery was compensating the consulting firm at the rate of 25% of gross profits on all projects. This compensation was infeasible, plaintiff says, and members voted to compensate Montgomery as an employee but not a member. Following a series of events and meetings that ended with a vote to terminate Montgomery Consulting, Montgomery wired $103,888 from LRG’s operating account into his personal bank account, leaving a negative balance, plaintiff says. Montgomery also drew down $50,000 from LRG’s line of credit and transferred those sums to LRG’s operating accounts. Members removed Montgomery from financial controls, plaintiff says, and the bank froze the balance of the line of credit, thus making it necessary for two members to lend LRG $25,000 each for payroll and operating expenses. Plaintiff says Montgomery has misappropriated at least $200,000 from LRG, began bidding against LRG on projects and disparaged LRG’s reputation and financial stability and seeks damages of not less than $200,000 and punitive damages of $300,000.
Law firm: Stephen E. Baril and Paul D. Anders of Kaplan Voekler Cunningham & Frank
Filed: 7/24/2014. CL14003196

Bobby J. Rochester v. Richmond Gastroenterology Associates Inc.; Thomas J. Sobieski III M.D.; and Wal-Mart Stores Inc. (Store #4476)
Plaintiff says defendants were aware of his history of reaction to polyethylene glycol (PEG), a substance found in many bowel preparations, but that PEG was contained in medication prescribed as preparation for a colonoscopy. Plaintiff alleges malpractice, negligence and carelessness resulted in an anaphylaxis reaction that resulted in respiratory arrest and other severe injuries and seeks judgment in principal sum of $3.5 million.
Law firm: Stephen C. Swain of Shuttleworth, Ruloff, Swain, Haddad & Morecock
Filed: 7/25/2014. CL14003199 [private]

Gavin Jackson v. Michael Mitchell and UniFirst Corporation
Plaintiff says he was an employee of Peterbilt of Richmond and working at Deepwater Terminal, and Mitchell was employed by UniFirst to set up, place and clean mats. Plaintiff says he slipped and fell on a hot and wet mat, causing injuries including disfigurement, and seeks judgment in principal sum of $1 million.
Law firm: Brody H. Reid and Brooke T. Alexander of Reid Goodwin
Filed: 7/25/2014. CL14003242

Sunset Strip Associates L.C. v. Wolff-Fording & Co.
Plaintiff says it owns a building at 2220 E. Main St. that was leased to defendant, a manufacturer and retailer of ballet equipment and apparel, and that defendant has defaulted on the lease and failed to pay for insurance on the premises. All employees were terminated, plaintiff says, leaving the building vacant, and it has been forced to advance payments for the insurance and unpaid amount due from defendant, currently $34,578.58, and to advance $7,000 to pay unpaid utility bills. Plaintiff seeks to exercise its rights under the lease and says the total amount due is $1,251,578.58.
Law firm: William D. Bayliss and Joseph E. Blackburn III of Williams Mullen
Filed: 7/28/2014. CL14003275

Henrico Circuit Court

Northstar Excavating Inc. v. Evans Construction Inc.
Plaintiff says it supplied labor and materials to renovate Henrico County Fire Station #8 and is owed a principal balance of $40,429.43.
Law firm: John W. Montgomery
Filed: 7/11/2014. CL14001872

Richard L. Sluss v. The Kroger Co.
Plaintiff says while in the store at 4816 S. Laburnum Ave. he reached up to get a 2-liter bottle of soda and the metal shelving partition collapsed and approximately 20 bottles and the partition crashed down, causing injuries and aggravating a previously compressed disc in his back. Plaintiff seeks damages of $75,000.
Law firm: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 7/23/2014. CL14001938

Chesterfield Circuit Court

Tatiana E. Deligiannis v. Tracy I. Hicks, M.D.; Diane M. Mrava, M.D.; Bon Secours-St. Francis Medical Center, Inc. t/a Bon Secours Richmond Ob-Gyn; Susan M. Beardsley, RN; and Laura N. Nobles, RN
Plaintiff says she suffered a ruptured uterus and other injuries as a result of negligent medical care provided by defendants, and seeks judgment in principal sum of $2.5 million.
Law firm: N. Leslie Saunders and Paul R. Mack of Saunders, Patterson & Mack
Filed: 7/25/2014. CL14002364 [/private]

Richmond Circuit Court

Leona Jurewicz v. OrthoVirginia, Inc. f/k/a West End Orthopedic Clinic
Plaintiff says because of a breach of standard of care, she was forced to undergo a revision of her total right knee replacement and seeks judgment in principal sum of $2 million.
Law firm: Lewis T. Stoneburner and Bellamy Stoneburner of Cantor Stoneburner Ford Grana Buckner
Filed: 7/21/2014. CL14003181

LRG Construction LLC v. Chris A. Montgomery and Montgomery Consulting LLC
Plaintiff says Chris Montgomery had an ownership interest in LRG and was one of four members, and that sometime after the formation of LRG, formed Montgomery Consulting. According to Montgomery, plaintiff says, Montgomery Consulting served as “operations manager’ for LRG and was compensated as a 1099 contractor, although there was no written agreement establishing the relationship. In late 2012, plaintiff says, members realized that Montgomery was compensating the consulting firm at the rate of 25% of gross profits on all projects. This compensation was infeasible, plaintiff says, and members voted to compensate Montgomery as an employee but not a member. Following a series of events and meetings that ended with a vote to terminate Montgomery Consulting, Montgomery wired $103,888 from LRG’s operating account into his personal bank account, leaving a negative balance, plaintiff says. Montgomery also drew down $50,000 from LRG’s line of credit and transferred those sums to LRG’s operating accounts. Members removed Montgomery from financial controls, plaintiff says, and the bank froze the balance of the line of credit, thus making it necessary for two members to lend LRG $25,000 each for payroll and operating expenses. Plaintiff says Montgomery has misappropriated at least $200,000 from LRG, began bidding against LRG on projects and disparaged LRG’s reputation and financial stability and seeks damages of not less than $200,000 and punitive damages of $300,000.
Law firm: Stephen E. Baril and Paul D. Anders of Kaplan Voekler Cunningham & Frank
Filed: 7/24/2014. CL14003196

Bobby J. Rochester v. Richmond Gastroenterology Associates Inc.; Thomas J. Sobieski III M.D.; and Wal-Mart Stores Inc. (Store #4476)
Plaintiff says defendants were aware of his history of reaction to polyethylene glycol (PEG), a substance found in many bowel preparations, but that PEG was contained in medication prescribed as preparation for a colonoscopy. Plaintiff alleges malpractice, negligence and carelessness resulted in an anaphylaxis reaction that resulted in respiratory arrest and other severe injuries and seeks judgment in principal sum of $3.5 million.
Law firm: Stephen C. Swain of Shuttleworth, Ruloff, Swain, Haddad & Morecock
Filed: 7/25/2014. CL14003199 [private]

Gavin Jackson v. Michael Mitchell and UniFirst Corporation
Plaintiff says he was an employee of Peterbilt of Richmond and working at Deepwater Terminal, and Mitchell was employed by UniFirst to set up, place and clean mats. Plaintiff says he slipped and fell on a hot and wet mat, causing injuries including disfigurement, and seeks judgment in principal sum of $1 million.
Law firm: Brody H. Reid and Brooke T. Alexander of Reid Goodwin
Filed: 7/25/2014. CL14003242

Sunset Strip Associates L.C. v. Wolff-Fording & Co.
Plaintiff says it owns a building at 2220 E. Main St. that was leased to defendant, a manufacturer and retailer of ballet equipment and apparel, and that defendant has defaulted on the lease and failed to pay for insurance on the premises. All employees were terminated, plaintiff says, leaving the building vacant, and it has been forced to advance payments for the insurance and unpaid amount due from defendant, currently $34,578.58, and to advance $7,000 to pay unpaid utility bills. Plaintiff seeks to exercise its rights under the lease and says the total amount due is $1,251,578.58.
Law firm: William D. Bayliss and Joseph E. Blackburn III of Williams Mullen
Filed: 7/28/2014. CL14003275

Henrico Circuit Court

Northstar Excavating Inc. v. Evans Construction Inc.
Plaintiff says it supplied labor and materials to renovate Henrico County Fire Station #8 and is owed a principal balance of $40,429.43.
Law firm: John W. Montgomery
Filed: 7/11/2014. CL14001872

Richard L. Sluss v. The Kroger Co.
Plaintiff says while in the store at 4816 S. Laburnum Ave. he reached up to get a 2-liter bottle of soda and the metal shelving partition collapsed and approximately 20 bottles and the partition crashed down, causing injuries and aggravating a previously compressed disc in his back. Plaintiff seeks damages of $75,000.
Law firm: Bryan K. Streeter of The Law Office of Bryan K. Streeter
Filed: 7/23/2014. CL14001938

Chesterfield Circuit Court

Tatiana E. Deligiannis v. Tracy I. Hicks, M.D.; Diane M. Mrava, M.D.; Bon Secours-St. Francis Medical Center, Inc. t/a Bon Secours Richmond Ob-Gyn; Susan M. Beardsley, RN; and Laura N. Nobles, RN
Plaintiff says she suffered a ruptured uterus and other injuries as a result of negligent medical care provided by defendants, and seeks judgment in principal sum of $2.5 million.
Law firm: N. Leslie Saunders and Paul R. Mack of Saunders, Patterson & Mack
Filed: 7/25/2014. CL14002364 [/private]

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