The Docket: Local court roundup for 9.12.13

Henrico County Circuit Court

Robert B. Fisher, Carla L. Fisher, Bradley G. Rhodes and James D. Schwartz v. Tails, Inc.
Plaintiffs say defendant is a regional franchisee of RE/MAX, LLC and that they own shares in Tails together totaling 21 percent. Plaintiffs say prior to a special meeting, they were informed they would not have the right to dissent to a sale of the business, and if they did not vote to approve a reincorporation, they would not be entitled to demand appraisal of and payment in cash for the fair value of their interest. Plaintiffs allege ultra vires, conversion and breach of contract and seek an injunction setting aside the actions taken and a judgment of not less than $500,000, among other relief.
Law firm: L. Lee Byrd, Brian R. Pitney and Eric C. Howlett of Sands Anderson
Filed: 8/29/2013. CL13002299

SunTrust Mortgage, Inc. v. The First National Bank and Trust Company of Vinita d/b/a First National Bank
Plaintiff alleges breach of contract and indemnification and seeks damages of not less than $94,262.25.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 8/30/2013. CL13002317[private]

John Deere Construction & Forestry Company v. Cephas Contracting, Inc. and Margaret Cephas-Gross
Plaintiff says it issued a loan used to purchase equipment from Deere and defendant is in default. Plaintiff seeks judgment in principal sum of $133,385.84.
Law firm: Marion Dere Muller
Filed: 9/3/2013. CL13002339

Manning Construction, Inc. v. Devere Construction Company, Inc. and Liberty Mutual Insurance Company
Plaintiff says it provided masonry services to defendant as a subcontractor on a project to build the courthouse for Montgomery County, Va., and that defendant has a balance due of $150,000.
Law firm: William A. Young III
Filed: 9/5/2013. CL13002352

Richmond Circuit Court

Darmeisha Gary, as administrator of the estate of Naim Latif Dalton Jr., deceased v. Virginia Emergency Physicians, LLP; Emergency Consultants Inc.; Leslie R. Parker, P.A.; and Peter Thomas Mellis, M.D.
Plaintiff says defendants did not order exams, labs or diagnostic studies when decedent, 10 months, presented in the emergency room at Chippenham-Johnston Willis Hospital that would have saved his life from intussusception, bowel ischemia and necrosis. Plaintiff seeks judgment in principal sum of $5 million.
Law firm: Jay Tronfeld and Kelly B. Martin of Tronfeld West & Durrett
Filed: 9/3/2013. CL13003955

Tomeka Hamilton v. Giant Food Stores, LLC d/b/a Martin’s; Jane Doe 1; Jane Doe 2 a/k/a “T”; and Carmella Cramer
Plaintiff alleges she was approached by police outside her home in front of neighbors and interrogated, and her house, person and effects searched, after store employees at 11361 Midlothian Turnpike accused her of shoplifting a can of crabmeat. She says defendant could have learned she had placed the crabmeat back on a refrigerated shelf had it reviewed video footage. Plaintiff further alleges that her race was used to assume she was a thief and seeks damages of $499,000.
Law firm: Thomas H. Roberts and Adam C. Calinger of Thomas H. Roberts & Associates
Filed: 9/4/2013. CL13003962

Trisha M. Stewart v. Medtronic, Inc.; Paul Hurley; The AVS Group, Inc. d/b/a Virginia Interventional Spine Associates, P.C.; Fredericksburg Orthopaedic Associates, P.C.; and Robert Squillante, M.D.
Plaintiff, 38, alleges she was rendered a permanent paraplegic by the joint and concurrent negligence and other acts and/or omissions of defendants, and seeks judgment in principal sum of $50 million.
Law firm: Lewis T. Stoneburner, Irvin V. Cantor, Elliott M. Buckner and Bellamy Stoneburner of Cantor Stoneburner Ford Grana Buckner
Filed: 9/5/2013. CL13003976

Chesterfield County Circuit Court

New Millennium Rentals, Inc. v. Lewis Brothers, Inc.
Plaintiff says defendant leased heavy equipment for a job in South Carolina and refuses to pay. Plaintiff seeks judgment in principal sum of $61,084.55.
Law firm: David H. Gouger
Filed: 8/29/2013. CL13002455

Robin L. Matthews, administratrix of the estate of M. Betty Louise Watkins v. Virginia Farm Bureau Mutual Insurance Company and James R. Watkins
Plaintiff says decedent and Watkins owned a marital home as joint tenants with the right of survivorship. Fire destroyed the home in 2008, and shortly thereafter the parties separated. Decedent died intestate on Dec. 25, 2009, and plaintiff qualified as administratrix on Jan. 27, 2010. Plaintiff says Watkins received checks from the Farm Bureau made payable to both James and Betty, and that James endorsed the checks and signed Betty’s name, converting the money for his personal use. Plaintiff alleges defendant then wrongfully issued checks to James only, and that she is entitled to the sums to which decedent was entitled. Plaintiff seeks judgment of $350,000.
Law firm: Leonard A. Paris and Irving M. Blank of ParisBlank
Filed: 9/5/2013. CL13002477

Bank of Virginia v. Avon Court Investments, L.L.C. and Nancy Kiser Setchel
Plaintiff says defendant is in default on a note and seeks judgment in principal sum of $110,032.98.
Law firm: Frank J. DeGaetani Jr. of Ballato Law Firm
Filed: 9/5/2013. CL13002528[/private]

Henrico County Circuit Court

Robert B. Fisher, Carla L. Fisher, Bradley G. Rhodes and James D. Schwartz v. Tails, Inc.
Plaintiffs say defendant is a regional franchisee of RE/MAX, LLC and that they own shares in Tails together totaling 21 percent. Plaintiffs say prior to a special meeting, they were informed they would not have the right to dissent to a sale of the business, and if they did not vote to approve a reincorporation, they would not be entitled to demand appraisal of and payment in cash for the fair value of their interest. Plaintiffs allege ultra vires, conversion and breach of contract and seek an injunction setting aside the actions taken and a judgment of not less than $500,000, among other relief.
Law firm: L. Lee Byrd, Brian R. Pitney and Eric C. Howlett of Sands Anderson
Filed: 8/29/2013. CL13002299

SunTrust Mortgage, Inc. v. The First National Bank and Trust Company of Vinita d/b/a First National Bank
Plaintiff alleges breach of contract and indemnification and seeks damages of not less than $94,262.25.
Law firm: Brian R.M. Adams and Robert J. Allen of Spotts Fain
Filed: 8/30/2013. CL13002317[private]

John Deere Construction & Forestry Company v. Cephas Contracting, Inc. and Margaret Cephas-Gross
Plaintiff says it issued a loan used to purchase equipment from Deere and defendant is in default. Plaintiff seeks judgment in principal sum of $133,385.84.
Law firm: Marion Dere Muller
Filed: 9/3/2013. CL13002339

Manning Construction, Inc. v. Devere Construction Company, Inc. and Liberty Mutual Insurance Company
Plaintiff says it provided masonry services to defendant as a subcontractor on a project to build the courthouse for Montgomery County, Va., and that defendant has a balance due of $150,000.
Law firm: William A. Young III
Filed: 9/5/2013. CL13002352

Richmond Circuit Court

Darmeisha Gary, as administrator of the estate of Naim Latif Dalton Jr., deceased v. Virginia Emergency Physicians, LLP; Emergency Consultants Inc.; Leslie R. Parker, P.A.; and Peter Thomas Mellis, M.D.
Plaintiff says defendants did not order exams, labs or diagnostic studies when decedent, 10 months, presented in the emergency room at Chippenham-Johnston Willis Hospital that would have saved his life from intussusception, bowel ischemia and necrosis. Plaintiff seeks judgment in principal sum of $5 million.
Law firm: Jay Tronfeld and Kelly B. Martin of Tronfeld West & Durrett
Filed: 9/3/2013. CL13003955

Tomeka Hamilton v. Giant Food Stores, LLC d/b/a Martin’s; Jane Doe 1; Jane Doe 2 a/k/a “T”; and Carmella Cramer
Plaintiff alleges she was approached by police outside her home in front of neighbors and interrogated, and her house, person and effects searched, after store employees at 11361 Midlothian Turnpike accused her of shoplifting a can of crabmeat. She says defendant could have learned she had placed the crabmeat back on a refrigerated shelf had it reviewed video footage. Plaintiff further alleges that her race was used to assume she was a thief and seeks damages of $499,000.
Law firm: Thomas H. Roberts and Adam C. Calinger of Thomas H. Roberts & Associates
Filed: 9/4/2013. CL13003962

Trisha M. Stewart v. Medtronic, Inc.; Paul Hurley; The AVS Group, Inc. d/b/a Virginia Interventional Spine Associates, P.C.; Fredericksburg Orthopaedic Associates, P.C.; and Robert Squillante, M.D.
Plaintiff, 38, alleges she was rendered a permanent paraplegic by the joint and concurrent negligence and other acts and/or omissions of defendants, and seeks judgment in principal sum of $50 million.
Law firm: Lewis T. Stoneburner, Irvin V. Cantor, Elliott M. Buckner and Bellamy Stoneburner of Cantor Stoneburner Ford Grana Buckner
Filed: 9/5/2013. CL13003976

Chesterfield County Circuit Court

New Millennium Rentals, Inc. v. Lewis Brothers, Inc.
Plaintiff says defendant leased heavy equipment for a job in South Carolina and refuses to pay. Plaintiff seeks judgment in principal sum of $61,084.55.
Law firm: David H. Gouger
Filed: 8/29/2013. CL13002455

Robin L. Matthews, administratrix of the estate of M. Betty Louise Watkins v. Virginia Farm Bureau Mutual Insurance Company and James R. Watkins
Plaintiff says decedent and Watkins owned a marital home as joint tenants with the right of survivorship. Fire destroyed the home in 2008, and shortly thereafter the parties separated. Decedent died intestate on Dec. 25, 2009, and plaintiff qualified as administratrix on Jan. 27, 2010. Plaintiff says Watkins received checks from the Farm Bureau made payable to both James and Betty, and that James endorsed the checks and signed Betty’s name, converting the money for his personal use. Plaintiff alleges defendant then wrongfully issued checks to James only, and that she is entitled to the sums to which decedent was entitled. Plaintiff seeks judgment of $350,000.
Law firm: Leonard A. Paris and Irving M. Blank of ParisBlank
Filed: 9/5/2013. CL13002477

Bank of Virginia v. Avon Court Investments, L.L.C. and Nancy Kiser Setchel
Plaintiff says defendant is in default on a note and seeks judgment in principal sum of $110,032.98.
Law firm: Frank J. DeGaetani Jr. of Ballato Law Firm
Filed: 9/5/2013. CL13002528[/private]

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