The Docket: Local court roundup for 10.28.21

Chesterfield Circuit Court

Chad E. Strayer v. Capital Construction Group, Inc. and Matthew L. Buikema
Plaintiff says both he and Buikema are 50 percent owners of the outstanding stock of Capital Construction, and since September 2020, defendant has failed to provide accounting records, company credit card amount records and other financial information to him or the company CPA. Plaintiff says upon information and belief, monies due Capital for construction work have been deposited into an account or accounts owed by defendant for his personal use, a benefit of at least $700,000. Plaintiff alleges conversion and seeks a judicial dissolution and a full accounting of the company, judgment of at least $350,000, and punitive damages of $175,000.
Attorneys: William F. Seymour IV of FloranceGordonBrown
Filed: 10/18/2021
CL21003454

F & M 401 K Trust v. FK Investments, LLC and Christina Choice
Plaintiff says defendant is in default of a credit line deed of trust for a mortgage loan at 2322 R St., and seeks judgment of $314,669.45.
Attorneys: Paul R. Mack of Saunders, Patterson & Mack
Filed: 10/19/2021
CL21003468

50 Church Street, LLC v. J. William Midkiff Jr. a/k/a Jessie William Midkiff Jr. a/k/a J. William Midkiff a/k/a Jessie William Midkiff a/k/a Bill Midkiff d/b/a Cary Wellness a/k/a Cary-Wellness
Plaintiff says defendant is in default of a commercial lease for property at 47 South Park St., Montclair, N.J., beginning February 2020 to end Jan. 31, 2025, for $4,005.83 per month, and seeks judgment of $230,881.34.
Attorneys: Terry C. Legum of Legum Law
Filed: 10/20/2021
CL21003484

Bobby T. Yancey v. St. Francis Medical Center of Bon Secours Health System Inc. and Stephen Reinhardt, M.D.
Plaintiff says Sept. 8-12, 2017, and again from Sept. 29-Oct. 11, 2017, defendants failed to diagnose his condition and failed to appreciate abscesses, developing infection and his declining condition, leading to infections that had to be treated by surgery at another hospital and loss of mental capacity and the ability to walk. Plaintiff seeks judgment of $2.4 million.
Attorneys: William G. Shields of The Shields Law Firm
Filed: 10/21/2021
CL21003494

Orkin, LLC v. Daniel G. Breed; Bradley H. Conner; and Kefficient, LLC
Plaintiff says Breed and Conner, former sales inspectors with Orkin, breached certain post-employment restrictions by selling or attempting to sell insulation and waterproofing services in a restricted geographical area for Kefficient, and alleges breach of contract, tortious interference and business conspiracy. Plaintiff seeks compensatory damages of $1,482,000 and punitive damages of $350,000 against each defendant.
Attorneys: Kevin D. Holden and Shaun M. Bennett of Jackson Lewis
Filed: 10/21/2021
CL21003502

Henrico Circuit Court

Colonial Webb Contractors Company v. Southeast Frozen Foods Company, L.P.
Plaintiff says defendant has failed to pay for services performed at their cold storage facility in Sandston, and seeks judgment of not less than $101,436.
Attorneys: Courtney Moates Paulk and Kelly J. Bundy of Hirschler Fleischer
Filed: 10/4/2021
CL21006484

Willow Lawn, LLC v. RVA Business Alternatives, LLC and Jennifer D’Avignon
Plaintiff says defendant is in default of a lease dated July 2018, having stopped remitting payment beginning May 2019, and as of Aug. 19, 2021, owes the sum of $48,502.64.
Attorneys: Christopher R. Tate of Flora Pettit
Filed: 10/5/2021
CL21006578

Diana Higgs v. Richmond Plastic Surgeons, Inc. and Matthew Stanwix, M.D.
Plaintiff says defendant left surgical clips in her abdomen following a tummy tuck procedure on Sept. 20, 2017, which led to infection and the necessity for surgery to remove the clips in September 2018 and again in January 2020, when 10 clips were removed. Plaintiff alleges negligence and seeks judgment of $500,000.
Attorneys: David L. Marks of The Law Offices of David L. Marks
Filed: 10/8/2021
CL21006638

Minnie Yancey Gordon v. HCA Health Services of Virginia, Inc. d/b/a Henrico Doctors Hospital
Plaintiff says on/about Oct. 23, 2019, she presented complaining of numbness and tingling in her lower extremities, and following an X-ray was left to walk from the radiology department back to the emergency room without assistance, despite her complaints. Plaintiff says she fell and fractured her hip and seeks judgment of $3 million.
Attorneys: Brielle M. Hunt of Phelan Petty
Filed: 10/12/2021
CL21006665

Richmond Circuit Court

Wayne Seaver v. Rufus C. Davis, M.D.; Courtney G. Kendall, N.P.; Gastrointestinal Specialists, Inc.; Omar S. Ahmed, M.D.; Jaromir Kohout, M.D.; James F. Snyder, M.D.; Ray A. Beauchamp, M.D.; Radiology Associates of Richmond, Inc.; Franz A. Obusan, M.D.; Gaylen Q. Tassell, N.P.; John C. Perry, M.D.; Trevor D. Sloan, RN; and Chippenham & Johnston-Willis Hospitals, Inc. d/b/a CJW Medical Center
Plaintiff says due to defendants’ actions and inactions in treating him beginning Oct. 7, 2019, when he presented at the emergency room after a fall at home with prolonged downtime, led to a below left knee amputation on Nov. 12, and a below right knee amputation on Nov. 20, and that he continues to suffer from significantly reduced heart function as a result of the severe thromboses he developed after the delay in treating his perforated duodenal ulcer and sepsis. Plaintiff seeks judgment of $5 million.
Attorneys: M. Lee Livingston and Anthony T. Green of MichieHamlett
Filed: 10/12/2021
CL21004531

Estes Express Lines v. RaptorFit, LP
Plaintiff says the Colorado business, between September and December 2020, tendered 113 shipments of goods under a pricing agreement and has failed to pay. Plaintiff asks judgment of $80,700.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 10/19/2021
CL21004673

Atlantic Construction Fabrics, Inc. d/b/a ACF Environmental, Inc. v. General Pipeline Construction, Inc. and John F. O’Dell
Plaintiff says defendant purchased goods on credit and has failed to pay $43,954.65 due.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 10/21/2021
CL21004679

Kapitus Servicing, Inc. v. Mid South Carports, LLC d/b/a Mid South Carports; and Julius Yoder
Plaintiff says the Kentucky business is in default of a loan agreement and seeks judgment in the principal amount of $132,775.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/20/2021
CL21004696

Chesterfield Circuit Court

Chad E. Strayer v. Capital Construction Group, Inc. and Matthew L. Buikema
Plaintiff says both he and Buikema are 50 percent owners of the outstanding stock of Capital Construction, and since September 2020, defendant has failed to provide accounting records, company credit card amount records and other financial information to him or the company CPA. Plaintiff says upon information and belief, monies due Capital for construction work have been deposited into an account or accounts owed by defendant for his personal use, a benefit of at least $700,000. Plaintiff alleges conversion and seeks a judicial dissolution and a full accounting of the company, judgment of at least $350,000, and punitive damages of $175,000.
Attorneys: William F. Seymour IV of FloranceGordonBrown
Filed: 10/18/2021
CL21003454

F & M 401 K Trust v. FK Investments, LLC and Christina Choice
Plaintiff says defendant is in default of a credit line deed of trust for a mortgage loan at 2322 R St., and seeks judgment of $314,669.45.
Attorneys: Paul R. Mack of Saunders, Patterson & Mack
Filed: 10/19/2021
CL21003468

50 Church Street, LLC v. J. William Midkiff Jr. a/k/a Jessie William Midkiff Jr. a/k/a J. William Midkiff a/k/a Jessie William Midkiff a/k/a Bill Midkiff d/b/a Cary Wellness a/k/a Cary-Wellness
Plaintiff says defendant is in default of a commercial lease for property at 47 South Park St., Montclair, N.J., beginning February 2020 to end Jan. 31, 2025, for $4,005.83 per month, and seeks judgment of $230,881.34.
Attorneys: Terry C. Legum of Legum Law
Filed: 10/20/2021
CL21003484

Bobby T. Yancey v. St. Francis Medical Center of Bon Secours Health System Inc. and Stephen Reinhardt, M.D.
Plaintiff says Sept. 8-12, 2017, and again from Sept. 29-Oct. 11, 2017, defendants failed to diagnose his condition and failed to appreciate abscesses, developing infection and his declining condition, leading to infections that had to be treated by surgery at another hospital and loss of mental capacity and the ability to walk. Plaintiff seeks judgment of $2.4 million.
Attorneys: William G. Shields of The Shields Law Firm
Filed: 10/21/2021
CL21003494

Orkin, LLC v. Daniel G. Breed; Bradley H. Conner; and Kefficient, LLC
Plaintiff says Breed and Conner, former sales inspectors with Orkin, breached certain post-employment restrictions by selling or attempting to sell insulation and waterproofing services in a restricted geographical area for Kefficient, and alleges breach of contract, tortious interference and business conspiracy. Plaintiff seeks compensatory damages of $1,482,000 and punitive damages of $350,000 against each defendant.
Attorneys: Kevin D. Holden and Shaun M. Bennett of Jackson Lewis
Filed: 10/21/2021
CL21003502

Henrico Circuit Court

Colonial Webb Contractors Company v. Southeast Frozen Foods Company, L.P.
Plaintiff says defendant has failed to pay for services performed at their cold storage facility in Sandston, and seeks judgment of not less than $101,436.
Attorneys: Courtney Moates Paulk and Kelly J. Bundy of Hirschler Fleischer
Filed: 10/4/2021
CL21006484

Willow Lawn, LLC v. RVA Business Alternatives, LLC and Jennifer D’Avignon
Plaintiff says defendant is in default of a lease dated July 2018, having stopped remitting payment beginning May 2019, and as of Aug. 19, 2021, owes the sum of $48,502.64.
Attorneys: Christopher R. Tate of Flora Pettit
Filed: 10/5/2021
CL21006578

Diana Higgs v. Richmond Plastic Surgeons, Inc. and Matthew Stanwix, M.D.
Plaintiff says defendant left surgical clips in her abdomen following a tummy tuck procedure on Sept. 20, 2017, which led to infection and the necessity for surgery to remove the clips in September 2018 and again in January 2020, when 10 clips were removed. Plaintiff alleges negligence and seeks judgment of $500,000.
Attorneys: David L. Marks of The Law Offices of David L. Marks
Filed: 10/8/2021
CL21006638

Minnie Yancey Gordon v. HCA Health Services of Virginia, Inc. d/b/a Henrico Doctors Hospital
Plaintiff says on/about Oct. 23, 2019, she presented complaining of numbness and tingling in her lower extremities, and following an X-ray was left to walk from the radiology department back to the emergency room without assistance, despite her complaints. Plaintiff says she fell and fractured her hip and seeks judgment of $3 million.
Attorneys: Brielle M. Hunt of Phelan Petty
Filed: 10/12/2021
CL21006665

Richmond Circuit Court

Wayne Seaver v. Rufus C. Davis, M.D.; Courtney G. Kendall, N.P.; Gastrointestinal Specialists, Inc.; Omar S. Ahmed, M.D.; Jaromir Kohout, M.D.; James F. Snyder, M.D.; Ray A. Beauchamp, M.D.; Radiology Associates of Richmond, Inc.; Franz A. Obusan, M.D.; Gaylen Q. Tassell, N.P.; John C. Perry, M.D.; Trevor D. Sloan, RN; and Chippenham & Johnston-Willis Hospitals, Inc. d/b/a CJW Medical Center
Plaintiff says due to defendants’ actions and inactions in treating him beginning Oct. 7, 2019, when he presented at the emergency room after a fall at home with prolonged downtime, led to a below left knee amputation on Nov. 12, and a below right knee amputation on Nov. 20, and that he continues to suffer from significantly reduced heart function as a result of the severe thromboses he developed after the delay in treating his perforated duodenal ulcer and sepsis. Plaintiff seeks judgment of $5 million.
Attorneys: M. Lee Livingston and Anthony T. Green of MichieHamlett
Filed: 10/12/2021
CL21004531

Estes Express Lines v. RaptorFit, LP
Plaintiff says the Colorado business, between September and December 2020, tendered 113 shipments of goods under a pricing agreement and has failed to pay. Plaintiff asks judgment of $80,700.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 10/19/2021
CL21004673

Atlantic Construction Fabrics, Inc. d/b/a ACF Environmental, Inc. v. General Pipeline Construction, Inc. and John F. O’Dell
Plaintiff says defendant purchased goods on credit and has failed to pay $43,954.65 due.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 10/21/2021
CL21004679

Kapitus Servicing, Inc. v. Mid South Carports, LLC d/b/a Mid South Carports; and Julius Yoder
Plaintiff says the Kentucky business is in default of a loan agreement and seeks judgment in the principal amount of $132,775.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/20/2021
CL21004696

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