The Docket: Court Roundup for 5.15.14

Richmond Circuit Court

River City Recycling, LLC v. APB Realty, Inc. and Kirk C. Bryant
Plaintiff says defendants knowingly or negligently represented material facts when they proposed that plaintiff purchase approximately 150 double decker electric passenger rail cars being released for recycling by the Chicago Metropolitan Transit Authority. Plaintiff says it made a $100,000 payment to reserve the cars, but defendants have not provided evidence that they had exclusive rights to sell the subject cars, have not provided the confirmed weight of the cars and have not shipped any cars. Plaintiff alleges fraud and unjust enrichment and seeks judgment in principal sum of $100,000 and exemplary damages of $300,000.
Law firm: Anthony F. Troy and William D. Ledoux Jr. of Eckert Seamans Cherin & Mellott
Filed: 5/6/2014
CL14002028

David Wilson v. inteliTap, LLC
Plaintiff says he is the former chief technology officer for defendant, which provides beer draught monitoring services to restaurants, bars, hotels and sports arenas, and that he and defendant entered into a written severance agreement. Plaintiff alleges he is still owed $54,583.33.
Law firm: Neil S. Talegaonkar of ThompsonMcMullan
Filed: 5/8/2014
CL14002146

Mary Virginia Munoz v. Mason M. Williams, M.D.; Richmond Plastic Surgeons, Inc.; and Bon-Secours – St. Mary’s Hospital of Richmond, Inc.
Plaintiff says she developed serious post-operative problems following abdominoplasty, breast reduction and liposuction at St. Mary’s, including an abscess and necrosis of the tissue in her abdomen. Plaintiff says she was admitted to Norfolk General Hospital some six weeks later, where she was diagnosed with a bacterial infection and underwent debridement procedures to remove necrotic tissue. Plaintiff alleges negligence and says she suffered disfigurement and permanent injuries; she seeks judgment in principal sum of $2.5 million.
Law firm: Lee Livingston and Timothy L. Lyons of Livingston Law Firm
Filed: 5/8/2014.
CL14002147 [private]

Heather Barboza v. Oyster Point Apartments Virginia, LLC; Jupiter Communities, LLC; Rait Partnership, LP; and Rait Financial Trust
Plaintiff says defendant failed to inspect and maintain premises in a reasonably safe condition and failed to warn that there was a large, uncovered drainage culvert located on a sidewalk adjacent to the parking lot. As a result, plaintiff says she fell into the culvert and suffered permanent injuries. She seeks judgment in principal sum of $375,000.
Law firm: Scott D. Fitzgerald of Allen, Allen, Allen & Allen
Filed: 5/9/2014
CL14002161

CSI of Virginia, Inc. v. H.D. Specialty Contractors, Inc.; Sam Wills; and Rebecca Wills
Plaintiff says defendant is in default on a promissory note and has failed to come current on its purchase of goods. It seeks judgment in principal sum of $110,536.50.
Law firm: Chandra D. Lantz and Franklin R. Cragle III of Hirschler Fleischer
Filed: 5/9/2014.
CL14002167

Henrico Circuit Court

Fidelity National Title Insurance Company v. Legacy Title & Closing, LLC
Plaintiff says defendant conducted three closings and title searches for property in Charles City, but failed to identify and take exception to a right of way easement, dated Nov. 29, 1971, held by Virginia Electric and Power Company n/k/a Virginia Dominion Power. Plaintiff says the easement encumbered a significant portion of the property, rendering it useless for development. Plaintiff alleges a material breach of defendant’s obligations and says it was forced to cover title claims and losses from the encumbrance and seeks judgment in principal sum of $89,850.
Law firm: Joseph T. Nah of Fidelity National Law Group
Filed: 5/6/2014.
CL14001229

Cugini, LLC v. Kid Power South, LLC
Plaintiff says it leased commercial property to defendant at 8300 Staples Mill Road, and defendant has abandoned the property. Plaintiff seeks judgment in principal sum of $191,220.40.
Law firm: Terry C. Frank and Matthew B. Chmiel of Kaufman & Canoles
Filed: 5/8/2014.
CL14001251

SunAmerica Housing Fund XXIV v. Seven Pines Chase, LLC; Hugh W. Owens; Carter C. Chinnis; and William Bogese, as executor of the estate of Carl R. Bogese
Plaintiff says defendant failed to make distributions in 2011, 2012 and 2013 from cash flow as stipulated in a partnership between plaintiff and defendant for real property known as Wellington Place, a residential apartment project for low and moderate income residents. Plaintiff alleges breach of partnership and seeks judgment in principal sum of $184,992.
Law firm: Peter E. Schurig and Douglas M. Palais of Park Palais
Filed: 5/8/2014.
CL14001254

Chesterfield Circuit Court

Dwayne Temple v. New Werner Holding Co., Inc.; Werner Co.; Lowe’s Home Centers, Inc.; Lowe’s Home Centers, LLC; and 15 other related companies
Plaintiff says he was standing on an aluminum ladder in its extended mode when the ladder bent forward and collapsed, throwing him to the ground. Plaintiff seeks judgment in principal sum of $70,000 for his injuries.
Law firm: M. Scott Bucci and Christopher P. Bernhardt of Bucci & Dix
Filed: 5/6/2014.
CL14001430

Cabinets Plus, LLC v. Construction Products & Services, LLC
Plaintiff says it provided labor and materials for the construction of the Round Hill Meadows apartments in Charlottesville and has not been paid. Plaintiff seeks judgment in principal sum of $53,744.62.
Law firm: Christopher G. Hill of The Law Office of Christopher G. Hill
Filed: 5/7/2014.
CL14001437

R.E. Michel Company, Inc. n/k/a R.E. Michel Company v. Home Comfort Control, Inc.
Plaintiff says it provided goods and merchandise to defendant and is owed $26,710.63.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 5/9/2014.
CL14001468

Steven G. Gunderson v. Petersburg Hospital Company, LLC d/b/a Southside Regional Medical Center

Plaintiff says he paid approximately $15,000 for a two-year course to be trained and certified in operating diagnostic medical sonography equipment. He alleges that defendant engaged in a preconceived effort to impose unreasonable burdens on him that weren’t required of other students in the program in order to issue him a failing grade on his last remaining competency evaluation in retaliation for making previous complaints of gender discrimination against him. Plaintiff seeks readmission to the program and damages of $500,000.
Law firm: Scott Gregory Crowley of Crowley & Crowley
Filed: 5/9/2014.
CL14001470

Wells Fargo Bank, N.A., as trustee for the Residential Mortgage Trust 2008-P1 v. Fidelity National Title Insurance Company
Plaintiff alleges a breach of defendant’s obligations under a title insurance policy and a breach of contract and seeks judgment in principal sum of at least $168,782.87.
Law firm: John K. Burke Jr. of Setliff & Holland
Filed: 5/12/2014.
CL14001500 [/private]

Richmond Circuit Court

River City Recycling, LLC v. APB Realty, Inc. and Kirk C. Bryant
Plaintiff says defendants knowingly or negligently represented material facts when they proposed that plaintiff purchase approximately 150 double decker electric passenger rail cars being released for recycling by the Chicago Metropolitan Transit Authority. Plaintiff says it made a $100,000 payment to reserve the cars, but defendants have not provided evidence that they had exclusive rights to sell the subject cars, have not provided the confirmed weight of the cars and have not shipped any cars. Plaintiff alleges fraud and unjust enrichment and seeks judgment in principal sum of $100,000 and exemplary damages of $300,000.
Law firm: Anthony F. Troy and William D. Ledoux Jr. of Eckert Seamans Cherin & Mellott
Filed: 5/6/2014
CL14002028

David Wilson v. inteliTap, LLC
Plaintiff says he is the former chief technology officer for defendant, which provides beer draught monitoring services to restaurants, bars, hotels and sports arenas, and that he and defendant entered into a written severance agreement. Plaintiff alleges he is still owed $54,583.33.
Law firm: Neil S. Talegaonkar of ThompsonMcMullan
Filed: 5/8/2014
CL14002146

Mary Virginia Munoz v. Mason M. Williams, M.D.; Richmond Plastic Surgeons, Inc.; and Bon-Secours – St. Mary’s Hospital of Richmond, Inc.
Plaintiff says she developed serious post-operative problems following abdominoplasty, breast reduction and liposuction at St. Mary’s, including an abscess and necrosis of the tissue in her abdomen. Plaintiff says she was admitted to Norfolk General Hospital some six weeks later, where she was diagnosed with a bacterial infection and underwent debridement procedures to remove necrotic tissue. Plaintiff alleges negligence and says she suffered disfigurement and permanent injuries; she seeks judgment in principal sum of $2.5 million.
Law firm: Lee Livingston and Timothy L. Lyons of Livingston Law Firm
Filed: 5/8/2014.
CL14002147 [private]

Heather Barboza v. Oyster Point Apartments Virginia, LLC; Jupiter Communities, LLC; Rait Partnership, LP; and Rait Financial Trust
Plaintiff says defendant failed to inspect and maintain premises in a reasonably safe condition and failed to warn that there was a large, uncovered drainage culvert located on a sidewalk adjacent to the parking lot. As a result, plaintiff says she fell into the culvert and suffered permanent injuries. She seeks judgment in principal sum of $375,000.
Law firm: Scott D. Fitzgerald of Allen, Allen, Allen & Allen
Filed: 5/9/2014
CL14002161

CSI of Virginia, Inc. v. H.D. Specialty Contractors, Inc.; Sam Wills; and Rebecca Wills
Plaintiff says defendant is in default on a promissory note and has failed to come current on its purchase of goods. It seeks judgment in principal sum of $110,536.50.
Law firm: Chandra D. Lantz and Franklin R. Cragle III of Hirschler Fleischer
Filed: 5/9/2014.
CL14002167

Henrico Circuit Court

Fidelity National Title Insurance Company v. Legacy Title & Closing, LLC
Plaintiff says defendant conducted three closings and title searches for property in Charles City, but failed to identify and take exception to a right of way easement, dated Nov. 29, 1971, held by Virginia Electric and Power Company n/k/a Virginia Dominion Power. Plaintiff says the easement encumbered a significant portion of the property, rendering it useless for development. Plaintiff alleges a material breach of defendant’s obligations and says it was forced to cover title claims and losses from the encumbrance and seeks judgment in principal sum of $89,850.
Law firm: Joseph T. Nah of Fidelity National Law Group
Filed: 5/6/2014.
CL14001229

Cugini, LLC v. Kid Power South, LLC
Plaintiff says it leased commercial property to defendant at 8300 Staples Mill Road, and defendant has abandoned the property. Plaintiff seeks judgment in principal sum of $191,220.40.
Law firm: Terry C. Frank and Matthew B. Chmiel of Kaufman & Canoles
Filed: 5/8/2014.
CL14001251

SunAmerica Housing Fund XXIV v. Seven Pines Chase, LLC; Hugh W. Owens; Carter C. Chinnis; and William Bogese, as executor of the estate of Carl R. Bogese
Plaintiff says defendant failed to make distributions in 2011, 2012 and 2013 from cash flow as stipulated in a partnership between plaintiff and defendant for real property known as Wellington Place, a residential apartment project for low and moderate income residents. Plaintiff alleges breach of partnership and seeks judgment in principal sum of $184,992.
Law firm: Peter E. Schurig and Douglas M. Palais of Park Palais
Filed: 5/8/2014.
CL14001254

Chesterfield Circuit Court

Dwayne Temple v. New Werner Holding Co., Inc.; Werner Co.; Lowe’s Home Centers, Inc.; Lowe’s Home Centers, LLC; and 15 other related companies
Plaintiff says he was standing on an aluminum ladder in its extended mode when the ladder bent forward and collapsed, throwing him to the ground. Plaintiff seeks judgment in principal sum of $70,000 for his injuries.
Law firm: M. Scott Bucci and Christopher P. Bernhardt of Bucci & Dix
Filed: 5/6/2014.
CL14001430

Cabinets Plus, LLC v. Construction Products & Services, LLC
Plaintiff says it provided labor and materials for the construction of the Round Hill Meadows apartments in Charlottesville and has not been paid. Plaintiff seeks judgment in principal sum of $53,744.62.
Law firm: Christopher G. Hill of The Law Office of Christopher G. Hill
Filed: 5/7/2014.
CL14001437

R.E. Michel Company, Inc. n/k/a R.E. Michel Company v. Home Comfort Control, Inc.
Plaintiff says it provided goods and merchandise to defendant and is owed $26,710.63.
Law firm: P. George Eliades II of The Eliades Law Firm
Filed: 5/9/2014.
CL14001468

Steven G. Gunderson v. Petersburg Hospital Company, LLC d/b/a Southside Regional Medical Center

Plaintiff says he paid approximately $15,000 for a two-year course to be trained and certified in operating diagnostic medical sonography equipment. He alleges that defendant engaged in a preconceived effort to impose unreasonable burdens on him that weren’t required of other students in the program in order to issue him a failing grade on his last remaining competency evaluation in retaliation for making previous complaints of gender discrimination against him. Plaintiff seeks readmission to the program and damages of $500,000.
Law firm: Scott Gregory Crowley of Crowley & Crowley
Filed: 5/9/2014.
CL14001470

Wells Fargo Bank, N.A., as trustee for the Residential Mortgage Trust 2008-P1 v. Fidelity National Title Insurance Company
Plaintiff alleges a breach of defendant’s obligations under a title insurance policy and a breach of contract and seeks judgment in principal sum of at least $168,782.87.
Law firm: John K. Burke Jr. of Setliff & Holland
Filed: 5/12/2014.
CL14001500 [/private]

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