The video above is from WAVY’s coverage of Greenbrier Farms’ announcement that it is closing to the public.
CHESAPEAKE, Va. (WAVY) — Two months before Greenbrier Farms announced they were largely closing to the public due to “restrictions and pressure from the City of Chesapeake,” the business filed a lawsuit against their insurance agent for breach of contract. The suit alleged that the agent, James Sim, failed to obtain a policy for the business that would’ve protected them from being sued, themselves.
In Oct. 2023, the business, operating under the name Tidewater Mulch & Material, was sued by a former employee who alleged that their president, Kenneth Basnight, had assault and battered her before illegally firing her for reporting the incident. That suit requested over a $1 million in compensatory and punitive damages.
In court filings, Basnight’s attorney’s denied the woman’s claims. That case has remained essentially inactive since mid-2024.
“Following receipt of the [former employee] complaint, Basnight approached the insurance company that was party to the Applicable Insurance Policy, asking it to defend and indemnify Basnight and Tidewater against the claims set forth,” the complaint in the insurance suit, filed in March, reads. “Basnight was shocked when the insurance company denied coverage of the claims presented in the… complaint, asserting that Tidewater was not insured under the applicable insurance policy.”
According to the filing, Sim admitted that he “inadvertently failed to identify Tidewater as an insured under the Applicable Insurance Policy.”
Basnight and his attorneys then attempted to convince the insurer to cover them anyway, but were unsuccessful.
Basnight is asking the judge to make Sim and his agency cover the damages in the pending former employee case, or at least $80,000.
When reached by phone, Basnight told 10 On Your Side “No comment and please don’t call this number again.”
Ex-employee suit
In October 2023, a woman who had worked at Greenbrier Farms’ outdoor restaurant, The Hive, filed suit claiming that her employer, Basnight, had grabbed her by the arm and threatened her life.
The woman had worked there for less than a month on Oct. 31, 2022, when she said the incident happened.
“When Basnight came within reach of Plaintiff, Basnight forcefully grasped Plaintiff’s arm with his hand, and, placing his face close to hers, said to her in a rude, insolent, and angry manner, ‘If I ever see you do that again I’ll drown you and kill you my f***ing self,'” the complaint in the case reads.
“If you ever sit down again I’ll kill you! Do you understand,” Basnight is alleged to have said shortly after, according to the document.
The suit claims the actions constituted one count each of assault and battery. It also purports that several other employees witnessed the incident, and one resigned because of it.
“Plaintiff was in great fear for her safety and life the rest of the shift, but continued to work because she reasonably feared Basnight might injure or kill her if she did not,” the complaint reads. “Plaintiff completed her October 31, 2022 shift and left The Hive between approximately 10:30 p.m. and 11 p.m., feeling great anxiety and suffering panic attacks as she walked from the Hive to her car.”
The next day she reported what happened to the business’ general manager. Basnight subsequently fired her and banned her from the premises, according to the filing. The suit assigns three counts to this action: unlawful retaliation and two counts of illegal discharging (firing).
