The Docket: Local court roundup for 12.9.21

Chesterfield Circuit Court

Santander Bank, N.A. v. Pars Towing, LLC and Nima Talebpour
Plaintiff says defendant has defaulted on a note for a medium-duty truck, that it repossessed the truck and sold it at auction, and that defendant still owes a balance. Plaintiff asks judgment of $64,029.21.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 11/23/2021
CL21003820

Basil Robert Asay v. Melissa L. Marinello, M.D. and Bon Secours-St. Francis Medical Center, LLC
Plaintiff says Marinello, on/about July 7, 2021, performed a robotic-assisted cholecystectomy to remove his gallbladder, negligently used hemoclips in an attempt to thwart internal bleeding and negligently injured his right hepatic artery and occluded his bile duct, leading to irreparable damages. Plaintiff says since July 15, 2021, he has been hospitalized at VCU Medical Center awaiting a liver transplant, and seeks judgment of $10 million.
Attorneys: T. Noel Brooks and Jesse A. Baez of Brooks & Baez
Filed: 11/24/2021
CL21003844

Taylor K. Johnson, a minor, by his other and next friend, Jasmine Johnson v. The Noble Academy, Inc. and Catherine McGlone
Plaintiff says on/about Dec. 2, 2019, she arrived at the daycare to pick up her son and immediately witnessed an individual, later identified as McGlone, physically disciplining her son by picking him up and forcefully shaking him, then dropping him and causing him to fall and hit his head on the floor and a nearby chair leg. After the incident, plaintiff says she learned that McGlone was not a staff member employed by the daycare, but upon information and belief, was the sister of the owner, Sandra H. Noble, and was known to have dementia and was apparently allowed to interact with children on a regular basis without supervision. Plaintiff says Taylor suffered a concussion in the incident and also has suffered emotional distress, and seeks $50,000 in compensatory damages.
Attorneys: Christopher M. Winslow of Winslow, McCurry & MacCormac
Filed: 12/1/2021
CL21003879

Henrico Circuit Court

Leslie Cocchiola, administrator of the estate of Florine Williams, deceased v. Medical Facilities of America, Inc. d/b/a Parham Healthcare and Rehabilitation Center
Plaintiff claims damages of $1.2 million, saying defendant allowed decedent to develop pressure sores and that the negligence led to her death.
Attorneys: Michael W. Lantz of Lantz & Robins
Filed: 11/19/2021
CL21007467

Shaun Dallas Dance, Ph.D. v. Capital Area Health Network
Plaintiff says he was wrongfully terminated from his position as chief of staff after he reported gender and race discrimination to defendant’s CEO, Tracy Causey, as well as violations related to defendant receiving, spending and tracking federal HHS/HRSA funds through its budget, and seeks damages of $150,000.
Attorneys: Joseph J. Traficanti of Celsius GC
Filed: 11/23/2021
CL21007498

Kapitus Servicing, Inc. v. Live Oak Landscape Planting & Design Group, LLC d/b/a Live Oak Landscape Group; and Talmadge Kathleen Burge Roland
Plaintiff says the Alabama business is in default of a forward purchase agreement and seeks judgment in the principal amount of $59,505.79.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/22/2021
CL21007499

Kapitus Servicing, Inc. v. Costa Norte Construction Corp. d/b/a Costa Norte Construction; and Andres Rodriguez
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $53,019.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 11/22/2021
CL21007500

Jackie Combs v. Wal-Mart Stores East, LP
Plaintiff says on/about Jan. 29, 2021, she tripped and fell over a pallet in the floor of a Fredericksburg store that was partially obscured by items on display, and seeks $74,500 in damages.
Attorneys: John A. Merrick and Lester C. Brock of Merrick Brock
Filed: 11/23/2021
CL21007520

Kwes’jon Smith v. Value Motors, LLC t/a Value Motors RVA; and Joya Bacot
This is a confessed judgment of $23,300.
Attorneys: John Cole Gayle Jr. of The Consumer Law Group
Filed: 12/1/2021
CL21007604

Richmond Circuit Court

Lee Markel v. Dynquest Properties, LLC and Stephen Harrell
Plaintiff says he provided funds to defendant to build a house at 2019 Lakeview Drive in January 2019 secured by a deed of trust, but it became apparent by summer 2021 that defendant would not be capable of completing the home, and in October 2021 became aware that defendant had failed to record the deed of trust as it was contractually bound to do so, and that defendant recorded an additional deed of trust encumbering the property. Plaintiff says the principal amount owed is $158,000.
Filed: 11/19/2021
CL21005104

Estes Express Lines v. Mega Furnishing, Inc.
Plaintiff says between February and May 2021, the California company tendered 357 shipments of goods under a shipping discount and preferred pricing agreement, and has failed to pay. Plaintiff seeks judgment of $666,026.91.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 11/22/2021
CL21005117

A.H. Beck Foundation Co., Inc. v. Hourigan Construction Corp. and Liberty Mutual Insurance Company
Plaintiff says defendant has not fully paid its retainage fee for a Virginia Commonwealth University project, and asks judgment of $43,770.35.
Attorneys: K. Brett Marston and Kirk M. Sosebee of Gentry Locke
Filed: 11/22/2021
CL21005118

Solar Panel Solutions, LLC v. New Energy Ventures, Inc. d/b/a Caden Energy; Energix US, LLC; Caden Energix, LLC; Caden Energix Hickory, LLC; and Energix EPC US LLC
Plaintiff, a subcontractor, says defendant has failed to pay all invoices due for a solar panel installation at a facility in Chesapeake, and seeks not less than $286,734.50.
Attorneys: Neil S. Talegaonkar and Lisa Hudson Kim of Kaufman & Canoles
Filed: 11/24/2021
CL21005149

City of Richmond, Virginia v. Kobe Enterprises Inc. and Jong S. Sun
Plaintiff says defendant failed to pay meal taxes for tax years 2016-2018 and seeks judgment of $143,637.49.
Attorneys: Andrew M. Neville, Gregory L. Haynes, John A. Rife, Jeffrey A. Scharf, Mark K. Ames and Paul L. LaBarr of Taxing Authority Consulting Services
Filed: 11/30/2021
CL21005320

Chicquita Johnson v. City of Richmond; Richmond Redevelopment and Housing Authority; Mosby Court Apartments; RMT Construction and Redevelopment Group, LLC; John Doe Entity; and John Doe
Plaintiff says on/about Dec. 24, 2019, she was exposed to carbon monoxide gas from a gas leak on the premises of 1620 Gay St. due to defendants’ failure to resolve the issue despite complaints by her and other tenants, causing permanent injuries. Plaintiff asks compensatory damages of $450,000.
Attorneys: Emmet D. Alexander, Michael R. Krol, Robert G. Maury and Alexander W. Phillips of Alexander Law Group
Filed: 11/30/2021
CL21005324

Sheila Williams v. City of Richmond; Richmond Redevelopment and Housing Authority; Mosby Court Apartments; RMT Construction and Redevelopment Group, LLC; John Doe Entity; and John Doe
Plaintiff says on/about Dec. 24, 2019, she was exposed to carbon monoxide gas from a gas leak on the premises of 1620 Gay St. due to defendants’ failure to resolve the issue despite complaints by her and other tenants, causing permanent injuries. Plaintiff asks compensatory damages of $450,000.
Attorneys: Emmet D. Alexander, Michael R. Krol, Robert G. Maury and Alexander W. Phillips of Alexander Law Group
Filed: 11/30/2021
CL21005325

Michael Horne Jr. v. City of Richmond; Richmond Redevelopment and Housing Authority; Mosby Court Apartments; RMT Construction and Redevelopment Group, LLC; John Doe Entity; and John Doe
Plaintiff says on/about Dec. 24, 2019, he was exposed to carbon monoxide gas from a gas leak on the premises of 1620 Gay St. due to defendants’ failure to resolve the issue despite complaints by him and other tenants, causing permanent injuries. Plaintiff asks compensatory damages of $450,000.
Attorneys: Emmet D. Alexander, Michael R. Krol, Robert G. Maury and Alexander W. Phillips of Alexander Law Group
Filed: 11/30/2021
CL21005326

King Coward v. City of Richmond; Richmond Redevelopment and Housing Authority; Mosby Court Apartments; RMT Construction and Redevelopment Group, LLC; John Doe Entity; and John Doe
Plaintiff says on/about Dec. 24, 2019, he was exposed to carbon monoxide gas from a gas leak on the premises of 1620 Gay St. due to defendants’ failure to resolve the issue despite complaints by him and other tenants, causing permanent injuries. Plaintiff asks compensatory damages of $450,000.
Attorneys: Emmet D. Alexander, Michael R. Krol, Robert G. Maury and Alexander W. Phillips of Alexander Law Group
Filed: 11/30/2021
CL21005327

PayrHealth, LLC f/k/a Healthcents, LLC v. Atlantic Wave Holdings, LLC and Atlantic Wave II, LLC
Plaintiff says on Dec. 8, 2020, it entered into a purchase agreement to acquire the assets and business operations of Atlantic Wave II from Atlantic Wave Holdings, and defendants made certain representations and warranties. After the execution of the agreement, which included the operations of Physician Delivery Systems, a medical billing company, plaintiff says it discovered that critical representations were not true. After closing, plaintiff says it discovered that Atlantic Wave and their agents and employees, working in concert with one of PDS’s health provider customers, had engaged in fraud against Medicare, Medicaid and private insurers, resulting in significant liability exposure to plaintiff, and that Atlantic Wave had received notices of termination from at least two significant customers prior to closing and that a significant number of other customers were strongly dissatisfied with the service and could be terminating their contracts shortly after the closing date. Plaintiff alleges breach of purchase agreement and seeks judgment of not less than $2.425 million.
Attorneys: J. Buckley Warden IV and John P. O’Malley of ThompsonMcMullan
Filed: 12/1/2021
CL21005331

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