The Docket: Local court roundup for 12.2.21

Chesterfield Circuit Court

Euler Hermes North America Insurance Co., assignee of Precision and Performance Auto Care, LLC v. Commonwealth Construction Co. of Virginia, Inc.
Plaintiff says Precision provided carrier and transportation services to defendant and is owed $33,570.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 11/15/2021

Mediterranean Shipping Company (USA), Inc. as agent for MSC Mediterranean Shipping Company S.A. v. J. Gilliam Inc.
Plaintiff says defendant has failed to pay the amount due of $117,880.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 11/15/2021

Valerie Farthing v. Namit M. Mahajan, M.D. and Commonwealth Radiology, P.C.
Plaintiff says as a result of defendants’ negligence, she suffered severe and permanent injuries due to their failure to accurately interpret two CT scans and to properly identify a spinal mass. Plaintiff asks judgment of $5 million.
Attorneys: Brewster S. Rawls and Harrison W. “Whit” Long of Rawls Law Group
Filed: 11/16/2021

Henrico Circuit Court

Vonda and Patrick Collins v. O’Toole Distribution, Inc. d/b/a Pella Windows and Doors; and Steven A. Betts d/b/a Royal Construction
Plaintiffs say they contracted with Pella for the purchase and installation of windows for their entire house, that Pella missed deadlines and made false representations and hired Royal to complete the job, and that both abandoned the project, leaving numerous windows uninstalled and causing damages to their property. Plaintiffs ask damages of $100,000.
Attorneys: Justin L. Criner of Hairfield Morton
Filed: 11/10/2021

Kathryn Elizabeth Cunningham v. Haroon S. Hyder, M.D. and Bon Secours-St. Mary’s Hospital of Richmond, Inc. t/a Bon Secours Patterson Avenue Family Practice
Plaintiff says she suffered severe heart damage, heart failure and related sequelae due to defendants’ negligence and breaches of standard of care and seeks judgment of $5 million.
Attorneys: Bellamy Stoneburner and Jonathan M. Petty of Phelan Petty
Filed: 11/12/2021

Kapitus Servicing, Inc. v. Custom 5 Landscape, L.L.C. d/b/a Custom 5 Landscape; and Michael Cullen
Plaintiff says the Utah business is in default of a loan agreement and seeks judgment in the principal amount of $32,463.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/10/2021

Westrock Shared Services, LLC and Westrock MWV, LLC Westrock Co. v. Ingevity Corp.
Plaintiff says it and defendant, on/about Jan. 1, 2016, entered into a contract whereby defendant agreed to purchase 100 percent of the output of black liquor soap skimmings and crude tall oil produced at certain Westrock paper mills, and has breached the agreement. Plaintiff seeks damages of at least $1 million.
Attorneys: James W. Walker and Lilias M. Gordon of O’Hagan Meyer; and Michael D. Fisse, Paul Trapani and Patrick B. Fisse of Daigle, Fisse & Kessenich
Filed: 11/15/2021

Kapitus Servicing, Inc. v. Duran Construction, Inc. d/b/a Duran Construction; and Jorge A. Duran
Plaintiff says the Georgia business is in default of a forward purchase factoring agreement and seeks judgment in the principal amount of $140,525.08.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 11/16/2021

Sherree Lynn Carter v. Gregory Louis Schroder, M.D.; Henrico Surgical Specialists, LLC d/b/a Advanced Surgical Partners of Virginia; and HCA Health Services of Virginia, Inc. d/b/a Henrico Doctors’ Hospital
Plaintiff says following gastric bypass reversal surgery on Nov. 26, 2019, she sustained severe and permanent gastrointestinal tract and other injuries requiring multiple surgeries from other providers to try to correct. Plaintiff alleges negligence and malpractice and seeks judgment of $3 million.
Attorneys: Lee Livingston, Heather E. Zaug and Anthony T. Greene of MichieHamlett
Filed: 11/12/2021

Richmond Circuit Court

Brett Wayman v. Rumsey and Bugg, P.C.; William E. Johnson, P.C.; and Spotts Fain, P.C.
Plaintiff says due to defendants’ breach of duty and legal malpractice, his personal injury suit relating to being thrown into the Elizabeth River because of a badly deteriorated “dolphin” – an appurtenance to an unloading dock – and sustaining serious injuries, was dismissed. Plaintiff seeks compensatory damages of $15 million, and punitive, $15 million.
Attorneys: Michael E. Harman, Clinton W. Verity, Danielle Motie Smith and W. Benjamin Woody of Harman, Claytor, Corrigan & Wellman
Filed: 11/9/2021

David Mark Lynn, in a derivative capacity for Richmond Rocket Auto Sales LLC V. Special Order Auto, LLC; Gary Lee Higginbotham; and R.M. Hollenshead Auto Sales & Leasing, Inc.
Plaintiff says as 60 percent owner of RRAS, started in spring of 2019, and Higginbotham, with 40 percent, he loaned the company millions of dollars, but by February 2021, Higginbotham and his wife, who acted as bookkeeper and handled funds and auto titles despite being recently released from a joint Chapter 7 bankruptcy, mismanaged RRAS’s affairs to such an extent that RRAS was hopelessly insolvent, automobiles were missing that should have been in inventory, and evidence surfaced concerning the Higginbothams’ diversion of substantial corporate assets for their personal benefit. Plaintiff says SOA, Higginbotham’s company, unlawfully took possession of 21 vehicles, moving them to Pennsylvania, and then offered to sell them to Hollenshead at a substantial discount. Plaintiff seeks temporary and permanent injunctions enjoining SOA from attempting to transfer the title keys, to pay the costs of transporting the vehicles to plaintiff’s Midlothian location, and if the autos are not returned, judgment of $750,000 and punitive damages of $500,000.
Attorneys: John H. Goots; S. Keith Barker
Filed: 11/12/2021

Markeia Johnson and Margaret Stevens Johnson, as co-administrators of the estate of Keilondi Nicole Johnson v. MCV Associated Physicians; VCU Health System Authority; Gaetanno Menna, MD; Agnes Bothwell, CRNA; Kathryn Breslin, MD; Scott Creel, MD; and Kristopher Morgan, CRNA
Plaintiffs say Keilondi – 42 at the time, had muscular dystrophy, used a wheelchair and had an airway difficult to manage, so presented serious risk factors – had a follow-up urological procedure on Jan. 18, 2019, and her airway became obstructed in the operating room following extubation and during transport between the operating room and PACU, and remained obstructed for at least 10 minutes, leading to her death from severe anoxic brain injury. Plaintiffs seek judgment of $25 million.
Attorneys: W. Randolph Robins Jr. of Lantz & Robins
Filed: 11/12/2021

James M. Schroeder, administrator of the estate of James R. Schroeder, DDS, deceased v. Hayden M. Pasco, M.D. and Executive Health Group, PC
Plaintiff says decedent died of pancreatic cancer as a result of defendants’ negligence, for their failure to properly interpret lab results, to properly notify decedent of the reports, and failure to timely diagnose and treat his cancer. Plaintiff seeks damages of $3 million.
Attorneys: Richard L. Nagle, Travis W. Markley, James N. Knaack and Benjamin M. Wengerd of TrialHawk Litigation Group
Filed: 11/10/2021

Richard and Joyce Franke v. Ayers & Stolte, PC
Plaintiffs say defendant, their settlement attorney for a piece of property in Goochland, failed to provide a copy of the title report prior to closing, and they later learned of the existence of a septic easement on the property, which significantly diminishes the value. Plaintiffs seek damages in an amount to be proven at trial.
Attorneys: Nathaniel R. Pierce and Vincent J. Lascara of Pierce McCoy
Filed: 11/15/2021

Elizabeth Edmonds v. Patsy Harris; Wal-Mart Stores East, LP; and Wal-Mart Stores, Inc.
Plaintiff claims damages of $750,000, and says on/about June 26, 2018, in a store in South Boston, a case of wooden blinds fell from a shelf, striking her in the head and shoulder and causing severe and permanent injuries.
Attorneys: Robert W. O’Neal of Cannella & O’Neal
Filed: 11/17/2021

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