The Docket: Local court roundup for Sept. 11, 2014

Richmond Circuit Court

Virginia Commonwealth University Health System Authority v. EMC Co.
Plaintiff says defendant installed mechanical and HVAC systems at One Capitol Square, 830 E. Main St. Plaintiff says it suffered a catastrophic water loss caused by the failure of a pump system supplied and installed by defendant, and learned that defendant had disregarded its insurance obligations under the contract—securing general liability insurance with a $250,000 deductible instead of the $25,000 deductible as specified. Plaintiff says defendant has failed to make it whole with respect to damages suffered, and alleges fraud and breach of contract. Plaintiff seeks judgment in principal sum of $814,978.78.
Law firm: James G. Muncie Jr. of Midkiff, Muncie & Ross
Filed: 9/4/2014. CL140038324

Bernadette M. Ayers v. Americas Best Value Inn & Suites-Glen Allen/Richmond; Vantage Hospitality Group Inc.; and Amratlal R. Patel
Plaintiff says while sleeping in her room at 8901 Brook Road, the headboard of the bed separated from its inadequate connection to the wall, fell and struck her in the head, neck and shoulder area. She said she suffered severe and debilitating injuries and seeks judgment in principal sum of $500,000.
Law firm: Gregory S. Hooe of Marks & Harrison
Filed: 9/5/2014. CL14003831

Charles Jeffers v. Wal-Mart Stores Inc. d/b/a Sam’s Club; and Sam’s East Inc. d/b/a Sam’s Club
Plaintiff says he was selecting items for purchase in the store at 9440 W. Broad St. when he lacerated his thumb on a freezer door. Plaintiff seeks judgment in principal sum of $74,999.
Law firm: Matthew W. Lastrapes of Commonwealth Law Group
Filed: 9/8/2014. CL14003915 [private]

Warren M. Ferguson and Tinsley R.M. Mortimer, trustees of the Mary R. and George R. Mercer Trust u/a December 30, 1976 v. John Hancock Life Insurance Company (U.S.A.)
Plaintiff says George R. Mercer (Mr. Mercer Sr.) and his wife Mary Rose Mercer established an irrevocable trust for the benefit of several beneficiaries, including their son, George R. Mercer Jr. Mr. Mercer Jr. and Mary R. Mercer Ferguson were the initial trustees. On or about Feb. 21, 1979, defendant issued two life insurance policies on the life of Mr. Mercer Jr., with the face amount of the death benefit $100,000 per policy, plaintiff says, and on Feb. 27, 1987, Mr. Mercer Jr. assigned all rights and interest in the policies to the trust. Plaintiff says on or about May 9, 2013, defendant paid Dr. Catherine Stamatacos the cash surrender of the policies, together $100,192, who was neither the owner or beneficiary of the trust, and without the knowledge, consent or approval of trustees. Plaintiff alleges breach of fiduciary duty and seeks compensatory damages of not less than $200,000, or a reinstatement of the policies and refund and/or restoration of the surrender values improperly paid to Stamatacos.
Law firm: Andrew G. Mauck and Melissa R. Tannery of Andrew Mauck PLC
Filed: 9/9/2014. CL14003943

Chesterfield Circuit Court

Laura A. Cassidy v. Arbor Landing Homeowners Association Inc.; Gloria Barnes; Grace Donnelly; Margaret Warren; and Wilbert Williams
Plaintiff says she was employed as the association manager when defendants made a series of knowingly false statements to the board of directors and to homeowners concerning her job performance. Plaintiff says the false statements centered on the assertion that plaintiff had, contrary to prior instructions, repeatedly improperly taken deposits and money home before depositing them at the bank, that she therefore posed a financial risk to the association and needed to be terminated. Plaintiff says she lost her job and has been unable to find employment. Plaintiff alleges defamation and seeks compensatory damages of $5 million and punitive damages of $2 million.
Law firm: John Barry Donahue Jr., the Law Office of John Barry Donahue Jr.
Filed: 9/5/2014. CL14002800 [/private]

Richmond Circuit Court

Virginia Commonwealth University Health System Authority v. EMC Co.
Plaintiff says defendant installed mechanical and HVAC systems at One Capitol Square, 830 E. Main St. Plaintiff says it suffered a catastrophic water loss caused by the failure of a pump system supplied and installed by defendant, and learned that defendant had disregarded its insurance obligations under the contract—securing general liability insurance with a $250,000 deductible instead of the $25,000 deductible as specified. Plaintiff says defendant has failed to make it whole with respect to damages suffered, and alleges fraud and breach of contract. Plaintiff seeks judgment in principal sum of $814,978.78.
Law firm: James G. Muncie Jr. of Midkiff, Muncie & Ross
Filed: 9/4/2014. CL140038324

Bernadette M. Ayers v. Americas Best Value Inn & Suites-Glen Allen/Richmond; Vantage Hospitality Group Inc.; and Amratlal R. Patel
Plaintiff says while sleeping in her room at 8901 Brook Road, the headboard of the bed separated from its inadequate connection to the wall, fell and struck her in the head, neck and shoulder area. She said she suffered severe and debilitating injuries and seeks judgment in principal sum of $500,000.
Law firm: Gregory S. Hooe of Marks & Harrison
Filed: 9/5/2014. CL14003831

Charles Jeffers v. Wal-Mart Stores Inc. d/b/a Sam’s Club; and Sam’s East Inc. d/b/a Sam’s Club
Plaintiff says he was selecting items for purchase in the store at 9440 W. Broad St. when he lacerated his thumb on a freezer door. Plaintiff seeks judgment in principal sum of $74,999.
Law firm: Matthew W. Lastrapes of Commonwealth Law Group
Filed: 9/8/2014. CL14003915 [private]

Warren M. Ferguson and Tinsley R.M. Mortimer, trustees of the Mary R. and George R. Mercer Trust u/a December 30, 1976 v. John Hancock Life Insurance Company (U.S.A.)
Plaintiff says George R. Mercer (Mr. Mercer Sr.) and his wife Mary Rose Mercer established an irrevocable trust for the benefit of several beneficiaries, including their son, George R. Mercer Jr. Mr. Mercer Jr. and Mary R. Mercer Ferguson were the initial trustees. On or about Feb. 21, 1979, defendant issued two life insurance policies on the life of Mr. Mercer Jr., with the face amount of the death benefit $100,000 per policy, plaintiff says, and on Feb. 27, 1987, Mr. Mercer Jr. assigned all rights and interest in the policies to the trust. Plaintiff says on or about May 9, 2013, defendant paid Dr. Catherine Stamatacos the cash surrender of the policies, together $100,192, who was neither the owner or beneficiary of the trust, and without the knowledge, consent or approval of trustees. Plaintiff alleges breach of fiduciary duty and seeks compensatory damages of not less than $200,000, or a reinstatement of the policies and refund and/or restoration of the surrender values improperly paid to Stamatacos.
Law firm: Andrew G. Mauck and Melissa R. Tannery of Andrew Mauck PLC
Filed: 9/9/2014. CL14003943

Chesterfield Circuit Court

Laura A. Cassidy v. Arbor Landing Homeowners Association Inc.; Gloria Barnes; Grace Donnelly; Margaret Warren; and Wilbert Williams
Plaintiff says she was employed as the association manager when defendants made a series of knowingly false statements to the board of directors and to homeowners concerning her job performance. Plaintiff says the false statements centered on the assertion that plaintiff had, contrary to prior instructions, repeatedly improperly taken deposits and money home before depositing them at the bank, that she therefore posed a financial risk to the association and needed to be terminated. Plaintiff says she lost her job and has been unable to find employment. Plaintiff alleges defamation and seeks compensatory damages of $5 million and punitive damages of $2 million.
Law firm: John Barry Donahue Jr., the Law Office of John Barry Donahue Jr.
Filed: 9/5/2014. CL14002800 [/private]

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