The Docket: Court roundup for 4.24.14

Henrico Circuit Court

Tramayne Xavier Baldwin v. Sumitomo Corporation of America d/b/a Merchant’s Tire & Auto Service Centers #389; Harry Lilly; and John Brewster
Plaintiff says he had his car serviced at the auto center at 5890 Brook Road, which he had used for years, was in a rush and left resolving to pay by phone. Plaintiff says he called the same day, April 7, 2012, to arrange payment by credit card, which defendant said it couldn’t do over the phone, so he said he would come by to settle the account. Plaintiff paid the $326.04 bill in cash on April 21, and continued to do business with defendant. Unbeknownst to him, plaintiff says, defendant called Henrico Police on April 11, 2012, and reported he had stolen from them; plaintiff was arrested Aug. 8, 2013. Plaintiff says defendant failed to provide vital information to police and made false statements, and the charge was dismissed. Plaintiff alleges malicious prosecution, lack of probable cause and negligence and seeks compensatory damages of $500,000 and punitive damages of $350,000.
Law firm: Thomas H. Roberts and Jonathan Arthur of Thomas H. Roberts & Associates
Filed: 4/11/2014. CL14000945

Emily Walker v. Employment Services, Inc. d/b/a Beta Tech
Plaintiff says she leased defendant real property at 7001 W. Broad St. and that defendant is in default. Plaintiff seeks judgment in principal sum of $49,254.79.
Law firm: Kevin J. Funk of DurretteCrump
Filed: 4/14/2014. CL14000984[private]

Vera Sirkovic-Hlouverakis v. David Stosch, C.P.A., curator of the estate of Nicholas E. Hlouverakis a/k/a Nick Hlouverakis, deceased
Plaintiff alleges breach of contract arising from a written premarital agreement between plaintiff and her late husband. Plaintiff says an addendum to the agreement imposed a contractual duty on decedent to deposit $100,000 into a bank account, irrevocably paid to her after April 10, 2012, or her husband’s death, whichever came first. Plaintiff says decedent failed to perform the duty, and that the addendum also provided her title to an apartment in New Jersey upon his death. Plaintiff says the title is presently in the estate and seeks its transfer to her and the $100,000.
Law firm: Kevin W. Mottley, The Mottley Law Firm
Filed: 4/15/2014. CL14000988

Dwan Dionne Fox v. GMRI, Inc. d/b/a Red Lobster Restaurant
Plaintiff says she was pulling paper towels out of the dispenser located on the restroom wall in the restaurant at 8009 W. Broad St. when the dispenser fell on her wrist, causing serious injuries to her wrist and shoulder. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Jonathan E. Halperin and Andrew Lucchetti of Halperin Law Center
Filed: 4/15/2014. CL14000994

Noland Company v. Allied Heating and Air Conditioning Sales Corp.
Plaintiff says defendant is indebted to it for the purchase of materials in the principal sum of $64,923.31.
Law firm: Derrick E. Rosser
Filed: 4/16/2014. CL14001001

Richmond Circuit Court

Butler, Williams & Skilling, P.C. v. Curt Johnson and Indie Genius Productions, LLC
Plaintiff says it provided legal services to defendants in connection with litigation in Federal District Court for the Eastern District of Virginia and is owed a principal sum of $195,464.57.
Law firm: Robert Keith Caudle III of Caudle and Caudle
Filed: 4/15/2014. CL14001763

Erie Insurance Exchange a/s/o Ginter Place Condominium v. A Woman’s Touch Moving Inc.
Plaintiff says defendant was contracted to move residents from one unit to another, and while doing so, negligently struck a fire suppression sprinkler head in the hallway with a sofa, causing property damage. Plaintiff seeks judgment in principal sum of $36,766.05.
Law firm: Sharon N. Horner of Sharon N. Horner & Associates
Filed: 4/16/2014. CL14001779

Liquid, Inc. v. Norsouth Construction Company of Georgia, Inc.; Shelton Federal Group, LLC; Travelers Casualty and Surety Company of America; and Bank of America, N.A.
Plaintiff said it was a subcontractor on an apartment project in East Highland Park and is owed a principal balance of $133,846.57.
Law firm: Bruce E. Arkema and Kevin J. Funk of DurretteCrump
Filed: 4/17/2014. CL14001796

Roy O. Hill v. Thomas Organization, LLC and Michael G. Thomas
This is a confessed judgment of $110,000.
Law firm: Kevin J. Funk of DurretteCrump
Filed: 4/17/2014. CL14001798

BFI Waste Services, LLC d/b/a Allied Waste Services of Winchester v. New Market Poultry, LLC d/b/a New Market Poultry Products
Plaintiff says defendant terminated its waste removal contracts without cause and that it is entitled to recover damages of $45,184.98.
Law firm: Morgan L. Manning of Spotts Fain
Filed: 4/18/2014. CL14001806

Juanita Knight v. S&S Fasmart, Inc.
Plaintiff says when she stepped away from a cashier’s counter, her pants caught on an exposed rod of a potato chip rack that had been altered by employees and she tripped and fell, causing injuries for which she was treated over some months at four different medical facilities. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: David P. Morgan, Matthew T. Anderson and Michael A. Perdue of Cravens & Noll
Filed: 4/18/2014. CL14001807

Charlotte Mitchell Howard v. Sandhu Corporation of Virginia d/b/a Crowne Plaza Richmond; Sandhu Holding, Inc.; Sandhu Management & Investments, L.L.C.; and Central Parking System of Virginia, Inc.
Plaintiff says she parked her car on the third floor of the parking garage at the hotel at 555 E. Canal St. and attempted to descend a staircase within the garage. Plaintiff says the stairs failed, causing her to fall violently to the ground floor and suffer permanent injuries. Plaintiff seeks judgment in principal sum of $3 million.
Law firm: P. Christopher Guedri and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 4/18/2014. CL14001812

Antwan Sutherlin v. Lowe’s Home Centers, LLC
Plaintiff says he was in the store at 1640 W. Broad St. and as he was attempting to read the label on a 5-gallon bucket of UGL Drylok Masonry Waterproofer, the lid, which was not properly secured, came off, spilling a great deal of product on his body. Plaintiff says defendant’s employees assisted in cleaning his clothes with mineral spirits, and he left immediately to return home and remove his clothes, as he was developing a painful skin irritation. Plaintiff says as he was driving home, he lost consciousness and hit a construction barrier and then a telephone pole. He was admitted to Medical College of Virginia and treated for hydrocarbon intoxication. Since the incident, plaintiff says, he has suffered cognitive problems, which doctors term permanent. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Stephen V. Sommers of Hairfield Morton
Filed: 4/22/2014. CL14001921

Chesterfield Circuit Court

Karen Preston v. Garden Ridge, L.P. and Garden Ridge Management, LLC
Plaintiff says defendant’s negligence allowed a dangerous condition to exist when a bar stool fell from the top display shelf and struck her in the head. Plaintiff seeks judgment in principal sum of $74,000.
Law firm: Kelly B. Martin of Tronfeld, West & Durrett
Filed: 4/8/2014. CL14001074

Flores Food, Inc. v. Tres Machos, LLC
Plaintiff says it loaned defendant $30,000, to be repaid in monthly payments, but that defendant has defaulted. Plaintiff seeks judgment in principal sum of $32,580.
Law firm: Jorge A. Ortiz
Filed: 4/17/2014. CL14001185

Pocono Retail, LLC v. Richmond Music Center, Inc.
Plaintiff says defendant leased property in Pocono Crossing Shopping Center and has defaulted on its lease and abandoned the property. Plaintiff seeks judgment in principal sum of not less than $473,114.05.
Law firm: William B. Schroeder of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 4/18/2014. CL14001190

U.S. District Court for the Eastern District of Virginia

Philip Morris USA Inc. v. A.J. Silberman & Company, L.P.
Plaintiff says defendant, a distributor of tobacco products purchased directly from PM USA, is a participant in the Wholesale Leaders Program, as must be all such retailers. Plaintiff alleges defendant has breached the Wholesale Leaders Agreement by knowingly submitting false and inaccurate data regarding purported sales and returns, beginning in March 2009 and continuing at least through October 2013, thus receiving payments and discounts to which it was not entitled. Plaintiff seeks judgment in principal sum of $3,087,855.
Law firm: Turner A. Broughton and Brendan D. O’Toole of Williams Mullen
Filed: 3/27/2014. 3:14CV219

George O. Gratz v. Balliceaux, LLC and Ann Gratz a/k/a A.H. Gratz
Plaintiff says he lent funds to finance alterations and improvements to Balliceaux, formerly Bogarts, at 203 N. Lombardy in July 2009 in exchange for a note of $700,000. Plaintiff says he is the father of Steve Gratz, “manager and sole member,” and that the note was personally guaranteed by Ms. Gratz, who may or may not still be married to Steve Gratz, who is not a party to the suit. Plaintiff alleges there have been more than 40 months of payments past due and seeks judgment in principal sum of $897,548.
Law firm: W.R. Baldwin and Robert J. Allen of Marchant, Thorsen, Hooney, Baldwin & Meyer
Filed: 4/2/2014. 3:14CV240

Joe Hand Promotions, Inc. v. Kenn-Tico Cuban Bar and Grill, LLC d/b/a Kenn-Tico Cuban Bar and Grill and John Doe
Plaintiff says defendant willfully intercepted and/or received interstate commission of the closed-circuit April 21, 2012, telecast of Ultimate Fighting Championship 145: Jon Jones v. Rashad Evans without paying plaintiff a fee and in violation of the Communications Acts of 1934. Plaintiff seeks statutory damages of $110,000.
Law firm: W. Brian McCann of The McCann Law Firm[/private]
Filed: 4/3/2014. 3:14CV242

Henrico Circuit Court

Tramayne Xavier Baldwin v. Sumitomo Corporation of America d/b/a Merchant’s Tire & Auto Service Centers #389; Harry Lilly; and John Brewster
Plaintiff says he had his car serviced at the auto center at 5890 Brook Road, which he had used for years, was in a rush and left resolving to pay by phone. Plaintiff says he called the same day, April 7, 2012, to arrange payment by credit card, which defendant said it couldn’t do over the phone, so he said he would come by to settle the account. Plaintiff paid the $326.04 bill in cash on April 21, and continued to do business with defendant. Unbeknownst to him, plaintiff says, defendant called Henrico Police on April 11, 2012, and reported he had stolen from them; plaintiff was arrested Aug. 8, 2013. Plaintiff says defendant failed to provide vital information to police and made false statements, and the charge was dismissed. Plaintiff alleges malicious prosecution, lack of probable cause and negligence and seeks compensatory damages of $500,000 and punitive damages of $350,000.
Law firm: Thomas H. Roberts and Jonathan Arthur of Thomas H. Roberts & Associates
Filed: 4/11/2014. CL14000945

Emily Walker v. Employment Services, Inc. d/b/a Beta Tech
Plaintiff says she leased defendant real property at 7001 W. Broad St. and that defendant is in default. Plaintiff seeks judgment in principal sum of $49,254.79.
Law firm: Kevin J. Funk of DurretteCrump
Filed: 4/14/2014. CL14000984[private]

Vera Sirkovic-Hlouverakis v. David Stosch, C.P.A., curator of the estate of Nicholas E. Hlouverakis a/k/a Nick Hlouverakis, deceased
Plaintiff alleges breach of contract arising from a written premarital agreement between plaintiff and her late husband. Plaintiff says an addendum to the agreement imposed a contractual duty on decedent to deposit $100,000 into a bank account, irrevocably paid to her after April 10, 2012, or her husband’s death, whichever came first. Plaintiff says decedent failed to perform the duty, and that the addendum also provided her title to an apartment in New Jersey upon his death. Plaintiff says the title is presently in the estate and seeks its transfer to her and the $100,000.
Law firm: Kevin W. Mottley, The Mottley Law Firm
Filed: 4/15/2014. CL14000988

Dwan Dionne Fox v. GMRI, Inc. d/b/a Red Lobster Restaurant
Plaintiff says she was pulling paper towels out of the dispenser located on the restroom wall in the restaurant at 8009 W. Broad St. when the dispenser fell on her wrist, causing serious injuries to her wrist and shoulder. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Jonathan E. Halperin and Andrew Lucchetti of Halperin Law Center
Filed: 4/15/2014. CL14000994

Noland Company v. Allied Heating and Air Conditioning Sales Corp.
Plaintiff says defendant is indebted to it for the purchase of materials in the principal sum of $64,923.31.
Law firm: Derrick E. Rosser
Filed: 4/16/2014. CL14001001

Richmond Circuit Court

Butler, Williams & Skilling, P.C. v. Curt Johnson and Indie Genius Productions, LLC
Plaintiff says it provided legal services to defendants in connection with litigation in Federal District Court for the Eastern District of Virginia and is owed a principal sum of $195,464.57.
Law firm: Robert Keith Caudle III of Caudle and Caudle
Filed: 4/15/2014. CL14001763

Erie Insurance Exchange a/s/o Ginter Place Condominium v. A Woman’s Touch Moving Inc.
Plaintiff says defendant was contracted to move residents from one unit to another, and while doing so, negligently struck a fire suppression sprinkler head in the hallway with a sofa, causing property damage. Plaintiff seeks judgment in principal sum of $36,766.05.
Law firm: Sharon N. Horner of Sharon N. Horner & Associates
Filed: 4/16/2014. CL14001779

Liquid, Inc. v. Norsouth Construction Company of Georgia, Inc.; Shelton Federal Group, LLC; Travelers Casualty and Surety Company of America; and Bank of America, N.A.
Plaintiff said it was a subcontractor on an apartment project in East Highland Park and is owed a principal balance of $133,846.57.
Law firm: Bruce E. Arkema and Kevin J. Funk of DurretteCrump
Filed: 4/17/2014. CL14001796

Roy O. Hill v. Thomas Organization, LLC and Michael G. Thomas
This is a confessed judgment of $110,000.
Law firm: Kevin J. Funk of DurretteCrump
Filed: 4/17/2014. CL14001798

BFI Waste Services, LLC d/b/a Allied Waste Services of Winchester v. New Market Poultry, LLC d/b/a New Market Poultry Products
Plaintiff says defendant terminated its waste removal contracts without cause and that it is entitled to recover damages of $45,184.98.
Law firm: Morgan L. Manning of Spotts Fain
Filed: 4/18/2014. CL14001806

Juanita Knight v. S&S Fasmart, Inc.
Plaintiff says when she stepped away from a cashier’s counter, her pants caught on an exposed rod of a potato chip rack that had been altered by employees and she tripped and fell, causing injuries for which she was treated over some months at four different medical facilities. Plaintiff seeks judgment in principal sum of $500,000.
Law firm: David P. Morgan, Matthew T. Anderson and Michael A. Perdue of Cravens & Noll
Filed: 4/18/2014. CL14001807

Charlotte Mitchell Howard v. Sandhu Corporation of Virginia d/b/a Crowne Plaza Richmond; Sandhu Holding, Inc.; Sandhu Management & Investments, L.L.C.; and Central Parking System of Virginia, Inc.
Plaintiff says she parked her car on the third floor of the parking garage at the hotel at 555 E. Canal St. and attempted to descend a staircase within the garage. Plaintiff says the stairs failed, causing her to fall violently to the ground floor and suffer permanent injuries. Plaintiff seeks judgment in principal sum of $3 million.
Law firm: P. Christopher Guedri and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 4/18/2014. CL14001812

Antwan Sutherlin v. Lowe’s Home Centers, LLC
Plaintiff says he was in the store at 1640 W. Broad St. and as he was attempting to read the label on a 5-gallon bucket of UGL Drylok Masonry Waterproofer, the lid, which was not properly secured, came off, spilling a great deal of product on his body. Plaintiff says defendant’s employees assisted in cleaning his clothes with mineral spirits, and he left immediately to return home and remove his clothes, as he was developing a painful skin irritation. Plaintiff says as he was driving home, he lost consciousness and hit a construction barrier and then a telephone pole. He was admitted to Medical College of Virginia and treated for hydrocarbon intoxication. Since the incident, plaintiff says, he has suffered cognitive problems, which doctors term permanent. Plaintiff seeks judgment in principal sum of $2 million.
Law firm: Stephen V. Sommers of Hairfield Morton
Filed: 4/22/2014. CL14001921

Chesterfield Circuit Court

Karen Preston v. Garden Ridge, L.P. and Garden Ridge Management, LLC
Plaintiff says defendant’s negligence allowed a dangerous condition to exist when a bar stool fell from the top display shelf and struck her in the head. Plaintiff seeks judgment in principal sum of $74,000.
Law firm: Kelly B. Martin of Tronfeld, West & Durrett
Filed: 4/8/2014. CL14001074

Flores Food, Inc. v. Tres Machos, LLC
Plaintiff says it loaned defendant $30,000, to be repaid in monthly payments, but that defendant has defaulted. Plaintiff seeks judgment in principal sum of $32,580.
Law firm: Jorge A. Ortiz
Filed: 4/17/2014. CL14001185

Pocono Retail, LLC v. Richmond Music Center, Inc.
Plaintiff says defendant leased property in Pocono Crossing Shopping Center and has defaulted on its lease and abandoned the property. Plaintiff seeks judgment in principal sum of not less than $473,114.05.
Law firm: William B. Schroeder of Shulman, Rogers, Gandal, Pordy & Ecker
Filed: 4/18/2014. CL14001190

U.S. District Court for the Eastern District of Virginia

Philip Morris USA Inc. v. A.J. Silberman & Company, L.P.
Plaintiff says defendant, a distributor of tobacco products purchased directly from PM USA, is a participant in the Wholesale Leaders Program, as must be all such retailers. Plaintiff alleges defendant has breached the Wholesale Leaders Agreement by knowingly submitting false and inaccurate data regarding purported sales and returns, beginning in March 2009 and continuing at least through October 2013, thus receiving payments and discounts to which it was not entitled. Plaintiff seeks judgment in principal sum of $3,087,855.
Law firm: Turner A. Broughton and Brendan D. O’Toole of Williams Mullen
Filed: 3/27/2014. 3:14CV219

George O. Gratz v. Balliceaux, LLC and Ann Gratz a/k/a A.H. Gratz
Plaintiff says he lent funds to finance alterations and improvements to Balliceaux, formerly Bogarts, at 203 N. Lombardy in July 2009 in exchange for a note of $700,000. Plaintiff says he is the father of Steve Gratz, “manager and sole member,” and that the note was personally guaranteed by Ms. Gratz, who may or may not still be married to Steve Gratz, who is not a party to the suit. Plaintiff alleges there have been more than 40 months of payments past due and seeks judgment in principal sum of $897,548.
Law firm: W.R. Baldwin and Robert J. Allen of Marchant, Thorsen, Hooney, Baldwin & Meyer
Filed: 4/2/2014. 3:14CV240

Joe Hand Promotions, Inc. v. Kenn-Tico Cuban Bar and Grill, LLC d/b/a Kenn-Tico Cuban Bar and Grill and John Doe
Plaintiff says defendant willfully intercepted and/or received interstate commission of the closed-circuit April 21, 2012, telecast of Ultimate Fighting Championship 145: Jon Jones v. Rashad Evans without paying plaintiff a fee and in violation of the Communications Acts of 1934. Plaintiff seeks statutory damages of $110,000.
Law firm: W. Brian McCann of The McCann Law Firm[/private]
Filed: 4/3/2014. 3:14CV242

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