The Docket: Local court roundup for 3.28.24

Chesterfield Circuit Court

Richard Emge v. Diesel Worx, LLC; Monaca Vanderpool; and Sarah Hay
Plaintiff says he contributed $70,000 for the company formation in April 2023, owning a 40% share, with Vanderpool having 50% and Hay a minority share, provided a credit card to pay for initial work on a website design, and Vanderpool agreed that no salary or dividends would be paid because it was a new company. On the day of a company meeting in the fall, plaintiff says, he discovered that Vanderpool was paying herself a salary of $125,000, paying personal expenses and her husband’s truck payments from company income, and had continued to use his credit card for unauthorized payments to the website designer. Plaintiff says decided to withdraw from the company, with Vanderpool paying him back, but he is owed the balance of $77,469.84.
Attorneys: Thomas L. Gordon of Gordon, Dobson, Gordon & Rowlett
Filed: 3/19/2024
CL24001133

Hip Lik Packaging Products FTY, LTD v. Game on Foods, Inc.
Plaintiff says defendant purchased goods and merchandise and owes $42,450.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/21/2024
CL24001177

Westrock-Southern Container, LLC v. Polycap, LLC
Plaintiff says defendant owes $30,408.04 for services provided.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/21/2024
CL24001178

Donna L. Virostek v. Atlantic Coast Settlement Services, Inc. and Hairfield Morton, PLC
Plaintiff says defendants were engaged to serve as settlement agents to close the sale of her home in Prince George County, and because of their negligence, failure to check suspicious wiring instructions and failure to verbally confirm, a wire transfer was sent to a fraudulent account and only $31,500.09 was recovered. Plaintiff seeks judgment of $120,993.70, and punitive, $120,000.
Attorneys: Robert E. Hawthorne and Bradley D. Foster of Hawthorne & Hawthorne
Filed: 3/22/2024
CL24001205

Henrico Circuit Court

Anthony James Partners, LLC v. Kevin Patey and RedStudio, BC
Plaintiff says Patey is a former employee, who since ceasing employment, has improperly accessed and altered plaintiff’s systems and proprietary information without authorization, causing loss of goodwill and business reputation and disruption of business. Plaintiff alleges breach of contract and seeks judgment of not less than $500,000, and punitive, $350,000.
Attorneys: Henry I. Willett III and Belinda D. Jones of Christian & Barton
Filed: 3/18/2024
CL24001835

Berkeley A. Alexander v. Wilton Properties, Inc.
Plaintiff says on/about April 18, 2022, he was at 8545 Patterson Ave. to repair an
HVAC unit on the roof, and when climbing a fixed wooden ladder to reach the roof, a rung snapped in half, causing him to fall 9 feet to a concrete floor and sustain permanent injuries. Plaintiff alleges negligence and seeks judgment of $1.6 million.
Attorneys: Horace F. Hunter of Hunter & Everage
Filed: 3/18/2024
CL24001838

Madison D. Beasley v. Keith P. Berkle and Virginia Women’s Center, Inc.
Plaintiff, 21 at the time, says because Berkle, during a “simple” surgery to remove a dermoid tumor on her ovary, cut into and/or perforated her bowel and intestines, and dismissed and failed to address her post-surgery symptoms and worsening condition, it led to sepsis and the necessity for extensive follow-up surgery, severe injuries and permanent scarring. Plaintiff seeks judgment of $2.35 million.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 3/20/2024
CL24001886

Alice Anderson v. Karen Milstead, N.P. a/k/a Karen K. Frye, N.P.; and Kare More Medical, LLC
Plaintiff says while a resident at Morningside in the West End Aug. 12-Nov. 1, 2021, inadequate wound care and inadequate assessment of ongoing skin issues led to a severe infection and deformities. Plaintiff asks judgment of $2 million.
Attorneys: Seth R. Carroll of Commonwealth Law Group; and Brewster S. Rawls of Rawls Law Firm
Filed: 3/21/2024
CL24001912

Richmond Circuit Court

Mary Ellen Boyd v. Chippenham & Johnston-Willis Hospitals, Inc.
Plaintiff says when, on May 11, 2022, she was admitted to the emergency department for a behavioral evaluation, and although defendant knew or should have known that she had dementia and was a high fall risk, failed to provide her with a walker or physical assistance, and as a result, she fell, sustaining a hip fracture. Plaintiff seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 3/13/2024
CL24001206

Open Plan Systems, LLC v. Virtus Equipment, LLC
Plaintiff says defendant was to produce, deliver and install equipment for the production of office furniture, but the equipment is inoperable. Plaintiff asks judgment of $145,305.
Attorneys: Roderick W. Simmons and Anastasia Uzilevskaya of Hirschler Fleischer
Filed: 3/15/2024
CL24001211

Joe Alexander v. The Martin Agency; The Interpublic Group of Companies, Inc.; and Elizabeth Paul
Plaintiff, for years the Chief Creative Officer at Martin, says defendants took intentional, strategic, and unlawful efforts to end his career, continue to defame him and permanently impaired his ability to find employment in the advertising industry. In January 2019, plaintiff says defendants breached a 2013 confidential settlement agreement with him by publishing the terms of the agreement on Martin’s website, and in the December 2023 issue of Virginia Business magazine, Paul, the agency’s Chief Strategic Officer, publicly defamed him as part of a lengthy article profiling Kristen Cavallo, the Chief Operating Officer. Plaintiff asks compensatory damages of $50 million, and punitive, $350,000.
Attorneys: Richard F. Hawkins III of The Hawkins Law Firm
Filed: 3/21/2024
CL24001234

Dominion General Counsel, P.C. v. Branch House Associates, LLC and The Virginia Foundation for Architecture, Inc.
Plaintiff says effective September 2011, it leased office space in the for-profit limited liability company at 2501 Monument Ave., and sometimes provided general business consulting, but beginning in 2015, Office 307 and the Branch House space subject to the lease were in a constant state of disrepair and damage and were often unusable, and when Branch House closed to tenants during the COVID pandemic and plaintiff could not access the space, it continued to provide consulting services. Plaintiff says on/about March 24, 2022, personnel entered plaintiff’s space by trespassing, and took possession of plaintiff’s equipment, confidential client files and other assets, and had failed to take the internal administrative actions necessary to authorize Branch House to terminate or alter in any way the rights and benefits owed to plaintiff under the lease. Plaintiff alleges breach of contract and seeks judgment of $405,000, and punitive, $300,000.
Attorneys: William L. Kirby of Daniel, Medley & Kirby
Filed: 3/21/2024
CL24001235

Thomas Ryan Leggett and Anchor Financial Group, LLC v. American United Life Insurance Company
Plaintiffs say defendant’s repeated servicing errors, delays and mismanagement of customer data injured plaintiffs’ reputation and earnings, and it escalated when defendant initiated an ongoing campaign to willfully injure plaintiffs’ business, as revenge for Leggett raising internal objections and terminating his general agent’s contract. Plaintiffs allege breach of contract and tortious interference and seek judgment of $2.9 million, and punitive, $350,000.
Attorneys: W. Alexander Burnett, Justin S. Feinman and Hannah R. Gourdie of Williams Mullen
Filed: 3/20/2024
CL24001265

Chesterfield Circuit Court

Richard Emge v. Diesel Worx, LLC; Monaca Vanderpool; and Sarah Hay
Plaintiff says he contributed $70,000 for the company formation in April 2023, owning a 40% share, with Vanderpool having 50% and Hay a minority share, provided a credit card to pay for initial work on a website design, and Vanderpool agreed that no salary or dividends would be paid because it was a new company. On the day of a company meeting in the fall, plaintiff says, he discovered that Vanderpool was paying herself a salary of $125,000, paying personal expenses and her husband’s truck payments from company income, and had continued to use his credit card for unauthorized payments to the website designer. Plaintiff says decided to withdraw from the company, with Vanderpool paying him back, but he is owed the balance of $77,469.84.
Attorneys: Thomas L. Gordon of Gordon, Dobson, Gordon & Rowlett
Filed: 3/19/2024
CL24001133

Hip Lik Packaging Products FTY, LTD v. Game on Foods, Inc.
Plaintiff says defendant purchased goods and merchandise and owes $42,450.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/21/2024
CL24001177

Westrock-Southern Container, LLC v. Polycap, LLC
Plaintiff says defendant owes $30,408.04 for services provided.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 3/21/2024
CL24001178

Donna L. Virostek v. Atlantic Coast Settlement Services, Inc. and Hairfield Morton, PLC
Plaintiff says defendants were engaged to serve as settlement agents to close the sale of her home in Prince George County, and because of their negligence, failure to check suspicious wiring instructions and failure to verbally confirm, a wire transfer was sent to a fraudulent account and only $31,500.09 was recovered. Plaintiff seeks judgment of $120,993.70, and punitive, $120,000.
Attorneys: Robert E. Hawthorne and Bradley D. Foster of Hawthorne & Hawthorne
Filed: 3/22/2024
CL24001205

Henrico Circuit Court

Anthony James Partners, LLC v. Kevin Patey and RedStudio, BC
Plaintiff says Patey is a former employee, who since ceasing employment, has improperly accessed and altered plaintiff’s systems and proprietary information without authorization, causing loss of goodwill and business reputation and disruption of business. Plaintiff alleges breach of contract and seeks judgment of not less than $500,000, and punitive, $350,000.
Attorneys: Henry I. Willett III and Belinda D. Jones of Christian & Barton
Filed: 3/18/2024
CL24001835

Berkeley A. Alexander v. Wilton Properties, Inc.
Plaintiff says on/about April 18, 2022, he was at 8545 Patterson Ave. to repair an
HVAC unit on the roof, and when climbing a fixed wooden ladder to reach the roof, a rung snapped in half, causing him to fall 9 feet to a concrete floor and sustain permanent injuries. Plaintiff alleges negligence and seeks judgment of $1.6 million.
Attorneys: Horace F. Hunter of Hunter & Everage
Filed: 3/18/2024
CL24001838

Madison D. Beasley v. Keith P. Berkle and Virginia Women’s Center, Inc.
Plaintiff, 21 at the time, says because Berkle, during a “simple” surgery to remove a dermoid tumor on her ovary, cut into and/or perforated her bowel and intestines, and dismissed and failed to address her post-surgery symptoms and worsening condition, it led to sepsis and the necessity for extensive follow-up surgery, severe injuries and permanent scarring. Plaintiff seeks judgment of $2.35 million.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 3/20/2024
CL24001886

Alice Anderson v. Karen Milstead, N.P. a/k/a Karen K. Frye, N.P.; and Kare More Medical, LLC
Plaintiff says while a resident at Morningside in the West End Aug. 12-Nov. 1, 2021, inadequate wound care and inadequate assessment of ongoing skin issues led to a severe infection and deformities. Plaintiff asks judgment of $2 million.
Attorneys: Seth R. Carroll of Commonwealth Law Group; and Brewster S. Rawls of Rawls Law Firm
Filed: 3/21/2024
CL24001912

Richmond Circuit Court

Mary Ellen Boyd v. Chippenham & Johnston-Willis Hospitals, Inc.
Plaintiff says when, on May 11, 2022, she was admitted to the emergency department for a behavioral evaluation, and although defendant knew or should have known that she had dementia and was a high fall risk, failed to provide her with a walker or physical assistance, and as a result, she fell, sustaining a hip fracture. Plaintiff seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 3/13/2024
CL24001206

Open Plan Systems, LLC v. Virtus Equipment, LLC
Plaintiff says defendant was to produce, deliver and install equipment for the production of office furniture, but the equipment is inoperable. Plaintiff asks judgment of $145,305.
Attorneys: Roderick W. Simmons and Anastasia Uzilevskaya of Hirschler Fleischer
Filed: 3/15/2024
CL24001211

Joe Alexander v. The Martin Agency; The Interpublic Group of Companies, Inc.; and Elizabeth Paul
Plaintiff, for years the Chief Creative Officer at Martin, says defendants took intentional, strategic, and unlawful efforts to end his career, continue to defame him and permanently impaired his ability to find employment in the advertising industry. In January 2019, plaintiff says defendants breached a 2013 confidential settlement agreement with him by publishing the terms of the agreement on Martin’s website, and in the December 2023 issue of Virginia Business magazine, Paul, the agency’s Chief Strategic Officer, publicly defamed him as part of a lengthy article profiling Kristen Cavallo, the Chief Operating Officer. Plaintiff asks compensatory damages of $50 million, and punitive, $350,000.
Attorneys: Richard F. Hawkins III of The Hawkins Law Firm
Filed: 3/21/2024
CL24001234

Dominion General Counsel, P.C. v. Branch House Associates, LLC and The Virginia Foundation for Architecture, Inc.
Plaintiff says effective September 2011, it leased office space in the for-profit limited liability company at 2501 Monument Ave., and sometimes provided general business consulting, but beginning in 2015, Office 307 and the Branch House space subject to the lease were in a constant state of disrepair and damage and were often unusable, and when Branch House closed to tenants during the COVID pandemic and plaintiff could not access the space, it continued to provide consulting services. Plaintiff says on/about March 24, 2022, personnel entered plaintiff’s space by trespassing, and took possession of plaintiff’s equipment, confidential client files and other assets, and had failed to take the internal administrative actions necessary to authorize Branch House to terminate or alter in any way the rights and benefits owed to plaintiff under the lease. Plaintiff alleges breach of contract and seeks judgment of $405,000, and punitive, $300,000.
Attorneys: William L. Kirby of Daniel, Medley & Kirby
Filed: 3/21/2024
CL24001235

Thomas Ryan Leggett and Anchor Financial Group, LLC v. American United Life Insurance Company
Plaintiffs say defendant’s repeated servicing errors, delays and mismanagement of customer data injured plaintiffs’ reputation and earnings, and it escalated when defendant initiated an ongoing campaign to willfully injure plaintiffs’ business, as revenge for Leggett raising internal objections and terminating his general agent’s contract. Plaintiffs allege breach of contract and tortious interference and seek judgment of $2.9 million, and punitive, $350,000.
Attorneys: W. Alexander Burnett, Justin S. Feinman and Hannah R. Gourdie of Williams Mullen
Filed: 3/20/2024
CL24001265

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