The Docket: Local court roundup for 11.11.21

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Renew Physical Therapy, Inc. d/b/a Renew Physical Therapy; and Rasha Al-Fouani
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $31,459.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 10/26/2021
CL21003557

Colonial Funding Network, Inc. v. General Media Strategies, Inc. d/b/a African American Observer/New York Journal
Plaintiff says the New York business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $37,232.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 10/26/2021
CL21003558

WS Connelly & Co., Inc. d/b/a Landscape Supply, Inc. v. Fall Line Construction, LLC and Ryan Anthony Pounds
Plaintiff says defendant purchased landscaping materials on credit and owes the principal balance of $41,855.35.
Attorneys: William A. Young III
Filed: 10/27/2021
CL21003562

Kapitus Servicing, Inc. v. Affordable Sewer Services LLC d/b/a Affordable Sewer Services; and Thomas Setteducato
Plaintiff says the Philadelphia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $57,325.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 10/28/2021
CL21003581

Delores Angelone v. Travis Jason Roy; Schwab Private Client Investment Advisory, Inc.; and Charles Schwab & Co., Inc.
Plaintiff says due to negligence and failure to follow the rules of the industry, and despite plaintiff’s and her late husband’s intentions and desires, defendants failed to designate a beneficiary for a joint brokerage account, and as a result, the $1,012,519.22 account became part of Mr. Angelone’s estate when he died, and she had to pay his daughter half of the estate. Plaintiff seeks damages of $613,656.23.
Attorneys: A. Russell Watson of Gordon, Dodson, Gordon & Rowlett
Filed: 10/29/2021
CL21003598

Henrico Circuit Court

Samuel P. Braufman, a minor, who sues through his parent and Next Friend, Kirk Braufman v. Richmond Fitness, Inc. d/b/a American Family Fitness (Henrico); and Veronica Martinez
Sam, 9 at the time, was enrolled in the American Family Fitness KidZone summer camp, and on Aug. 1, 2019, plaintiff says coach and manager Martinez organized a game of hockey and chose to play with a hard rubber puck without offering helmets, head gear or protective eye wear to campers, and when she struck the puck with her hockey stick, she sent it into Sam’s head, causing a traumatic brain injury necessitating bilateral craniotomy and subsequent surgery to remove cranial hardware screws, and other injuries. Plaintiff alleges negligence and seeks judgment of $10 million, and punitive damages of $500,000.
Attorneys: Irving M. Blank, Keith B. Marcus and George O.Y. Naylor of Blank & Marcus
Filed: 10/20/2021
CL21006864

Kapitus Servicing, Inc. v. Abaco Powder Coating, Inc. d/b/a Abaco Powder Coating; and Edwin Barnhill Jr.
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $33,697.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 10/21/2021
CL21006867

Kapitus Servicing, Inc. v. Keystone Hay Company LLC d/b/a Keystone Hay Company; and Jeffrey Bakshis
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $91,959.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/21/2021
CL21006868

Hannah McLoone and Ryan McLoone v. Rentokill North America, Inc. d/b/a Loyal Termite & Pest Control
Plaintiffs say they relied on defendant, which reported no signs of termites on an inspection report dated on/about March 24, 2020, and they closed on a property, and a short time later discovered a serious termite infestation. Plaintiffs allege fraud and seek compensatory damages of $200,000, and punitive, $350,000.
Attorneys: Drew D. Sarrett of Consumer Litigation Associates; and Michael C. Litman of Litman PLLC
Filed: 10/22/2021
CL21006926

Kapitus Servicing, Inc. v. Walden Technical Services, Inc. d/b/a Walden Technical Services; and Michael Walden
Plaintiff says the Illinois business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $28,403.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/25/2021
CL21006964

Kapitus Servicing, Inc. v. E.C. Shopping Bags & Supply, Inc. d/b/a E.C. Shopping Bags & Supply; and Jose Aballos
Plaintiff says the New York business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $132,212.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/25/2021
CL21006965

Kapitus Servicing, Inc. v. Founders Management Group, LLC d/b/a Founders Snacks & Beverage Company; Michael A. Arbos; and John A. Groves
Plaintiff says the Florida business is in default of two future receivables factoring agreements and seeks judgment in the principal amount of $64,154.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/26/2021
CL21006983

Kapitus Servicing, Inc. v. Frank’s Pavers L.L.C. d/b/a Frank’s Pavers; and Francisco Delgado
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $45,797.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/26/2021
CL21006984

Eundene Faulks v. OCI Virginia Crossings, LLC d/b/a Virginia Crossings Hotel and Conference Center (Henrico Co); and Hilton Hotels Corporation
Plaintiff says on Nov. 9, 2019, her foot got caught in broken gravel which she could not see because the walkway was not well-lit, causing her to fall and injure both wrists and her right knee. Plaintiff asks judgment of $1 million.
Attorneys: Damon Pendleton of Christina Pendleton & Associates
Filed: 10/27/2021
CL21007018

Richmond Circuit Court

Sean Shanahan v. Lowe’s Home Centers, LLC and John Doe
Plaintiff claims damages of $70,000, and says defendant, on/about Nov. 28, 2020, at 1640 W. Broad St., while attempting to obtain a spool of electrical conduit for plaintiff, negligently knocked a spool off the shelf that fell and struck him in his neck, back and shoulder, causing injuries.
Attorneys: Irvine L. Reaves Jr. of Allen, Allen, Allen & Allen
Filed: 10/25/2021
CL21004697

Dontarius Spigner v. Apple Hospitality REIT, Inc.; Apple Seven SPE Richmond, Inc.; and Marriott International, Inc.
Plaintiff says on/about Nov. 1, 2019, at 500 E. Broad St., he tripped and fell over uneven and poorly maintained pavers in the pool area, sustaining injuries. Plaintiff asks judgment of $500,000.
Attorneys: Brooke T. Alexander of River Run Law
Filed: 10/27/2021
CL21004715

The Hyperion Group, Inc. v. Lantz Construction Company
Plaintiff says it was involved in procuring a contract for a construction remodel project of a Veterans Affairs building in Winchester, and assigned the contract to defendant for a fee, and defendant has failed to pay the $104,000 due.
Attorneys: S. Sadiq Gill of Durrette, Arkema, Gerson & Gill
Field: 10/27/2021
CL21004719

U.S. HealthTek, Inc. v. Nationwide Laboratory Services, Inc.
Plaintiff says it provided project, planning and management services to defendant on an ongoing basis, and is owed the principal amount of $104,020.
Attorneys: L. Lee Byrd and Klementina V. Pavlova of Sands Anderson
Filed: 10/28/2021
CL21004723

Shealynn Brown, an infant by her parent and next friend Melissa Brown v. Daniel N. Davidow, M.D.; Daniel N. Davidow, P.C.; and Cumberland Hospital, LLC d/b/a Cumberland Hospital for Children and Adolescents
Plaintiff claims damages of $5 million, and says Shealynn, then age 15 and born with spina bifida causing neurological dysfunction, confined to a wheelchair and suffering from epilepsy and intellectual disability, was allowed to develop a pressure ulcer on her buttock which defendants failed to properly treat and monitor.
Attorneys: Michael E. Hollingsworth and Charles J. Zauzig of Nicols, Zauzig; and Kevin Biniazan of Breit Cantor Grana Buckner
Filed: 10/29/2021
CL21004725

Eckert Seamans Cherin & Mellott, LLC v. Nexus Services, Inc.; Libre by Nexus, Inc.; Homes by Nexus, Inc.; Michael P. Donovan; and Richard E. Moore
This is a confessed judgment of $540,000.
Attorneys: Matthew B. Kirsner of Eckert Seamans
Filed: 10/26/2021
CL21004749

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