The Docket: Local court roundup for 2.10.22

Chesterfield Circuit Court

Alexandra Henry, a minor, by her next friend, Carol Henry v. Kroger Limited Partnership I; Kroger Pharmacy; Katie Underhill; Michelle Sams; and John Doe
Plaintiff says defendant, on/about Jan. 28, 2020, misfilled a prescription at 12726 Jefferson Davis Highway, and while taking the medication over the next several weeks Alexandra began to experience behavioral changes, including fits of rage and engaging in self-harm, which they learned after plaintiff was admitted to St. Joseph’s Villa, following an incident on Feb. 16, 2020, was the result of complications when someone with plaintiff’s conditions used sertraline instead of Seroquel. Alexandra was hospitalized until April 9, plaintiff says, and alleges the negligence caused severe medical and psychological harm. Plaintiff asks judgment of $1 million.
Attorneys: Damon L. Pendleton and Christopher D. Adams of Christina Pendleton & Associates
Filed: 1/25/2022
CL22000214

Kapitus Servicing, Inc. v. Baltyk Construction, LLC d/b/a Baltyk Construction; and Slawomir Walewski
Plaintiff says the Pennsylvania business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $49,602.90.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000217

Kapitus Servicing, Inc. v. LIC Printing Corp. d/b/a Minuteman Press; and Michael Polakovich
Plaintiff says the New York business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $47,344.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000218

Strategic Funding Source, Inc. v. Workspace Communications, LLC d/b/a Workspace Communications; Bryan DiGiorgio; and Michael Haines
Plaintiff says the Missouri business is in default of a loan agreement and seeks judgment in the principal amount of $137,007.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000220

Kapitus Servicing, Inc. v. LAMD Medical Group and Multi Speciality, Corp. d/b/a LAMD Medical Group; and Loren Martinez
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $77,562.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000221

Kapitus Servicing, Inc. v. La Maquina Tire Shop, Inc. d/b/a La Maquina Tire Shop & Flat Fixed; and Serapio Nunez
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $32,417.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000222

Kapitus Servicing, Inc. v. Squatchbug, Inc. d/b/a Bubbas Sports Bar & Grill; and R&D Ventures, Inc. d/b/a Bubbas Sports Bar & Grill
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $34,387.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000224

Henrico Circuit Court

Kapitus Servicing, Inc. v. Fresh Concepts Custom Painting, LLC d/b/a Fresh Concepts Custom Painting; and Brian Koesters
Plaintiff says the Indianapolis business is in default of a loan agreement and seeks judgment in the principal amount of $61,913.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000588

Kapitus Servicing, Inc. v. W.R. Carlson Roofing Specialist, Inc. d/b/a W.R. Carlson Roofing Specialist; and Michael Savage
Plaintiff says the Florida business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $65,824.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000589

Kapitus Servicing, Inc. v. Al’s Gardening Servicing, Inc. d/b/a Al’s Gardening Service; and Alexander M. Woodard
Plaintiff says the California business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $84,796.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000590

Kapitus Servicing, Inc. v. Boutique 210, LLC d/b/a Boutique 210; and Tiaesha Jackson
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $32,780.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000591

Kapitus Servicing, Inc. v. Rose City Pressure Washing, LLC d/b/a Rose City Pressure Washing; and Eric Rohde
Plaintiff says the Washington business is in default of a loan agreement and seeks judgment in the principal amount of $54,150.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/2/2022
CL22000609

Kapitus Servicing, Inc. v. Countrywide Contracting, Inc. d/b/a Countrywide Contracting/Lionsgate Marketing; and Craig Johnson
Plaintiff says the Minnesota business is in default of a loan agreement and seeks judgment in the principal amount of $62,632.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000612

POM of Virginia, LLC v. Eshan Traders Inc. d/b/a Elco Market
Plaintiff says defendant has breached an agreement by removing plaintiff’s skill games from its business at 3990 E. Williamsburg Road, Sandston, and installing video game machines from competing manufacturers and distributors. Plaintiff asks compensatory damages of $75,000, and temporary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson (US)
Filed: 2/4/2022
CL22000730

Richmond Circuit Court

Vladimir Sidorov v. MCV Associated Physicians and Virginia Commonwealth University Health System Authority
Plaintiff says defendants, from June 1 through July 29, 2020, failed to adequately diagnose, treat and follow up his infection despite being treated in the hospital, leading to significant neurological injuries and disabilities. Plaintiff seeks judgment of $3 million.
Attorneys: John A. Merrick and Lester C. Brock of Merrick Brock
Filed: 1/28/2021
CL22000357

Keith L. Lipscomb v. Food Lion, LLC d/b/a Food Lion Store #0453; Jeffrey M. Boone; Anita C. Hayes; and Delhaize America, LLC
Plaintiff says on/about March 19, 2020, in the Tappahannock store, the top of a container holding hot rotisserie chicken separated from the bottom when he picked up the item, causing the chicken and scalding liquid to spill on his upper right thigh, causing severe burns. Plaintiff alleges negligence and seeks judgment of $1.5 million.
Attorneys: Gina Sultan and Howard Bullock of Shaheen Law Firm
Filed: 1/31/2022
CL22000429

Joshua Harsh v. Steve Logue; Kim Logue; and Hogshead, LLC d/b/a Hogshead Café
Plaintiff says he was defamed by fabricated, false and malicious statements by Steve and/or Kim Logue and/or persons at their direction and control on behalf of their business that were posted on the restaurant’s Facebook page, and state as fact that plaintiff (who is pictured) “threatened to shoot their server because the fried pickles weren’t crispy…and threatened to shoot 2 servers,” false statements that plaintiff says were promoted and amplified on/about March 8, 2021, and shared more than 400 times, with more than 200 comments, and continued to be published for months despite receiving two letters from counsel seeking to remove the post. Plaintiff says defendants ignored a spoilation letter to preserve the video of the events in question, instead offering a “cherry picked” version. Plaintiff says the events began on/about March 6, 2021, when he, along with his girlfriend and two acquaintances, all of whom were of various racial and ethnic composition, were treated with indifference and poor service in the restaurant. The Logues, plaintiff says, also lodged a criminal complaint against him alleging assault, which was dismissed in Henrico County General District Court with prejudice for lack of evidence, and he has lost significant income, his reputation has been damaged, and he has suffered emotional, mental and physical pain. Plaintiff seeks compensatory damages of $4 million, and punitive, $350,000.
Attorneys: Mark M. Esposito and Thomas J. Schilling of Schilling & Esposito
Filed: 2/1/2022
CL22000437

Chesterfield Circuit Court

Alexandra Henry, a minor, by her next friend, Carol Henry v. Kroger Limited Partnership I; Kroger Pharmacy; Katie Underhill; Michelle Sams; and John Doe
Plaintiff says defendant, on/about Jan. 28, 2020, misfilled a prescription at 12726 Jefferson Davis Highway, and while taking the medication over the next several weeks Alexandra began to experience behavioral changes, including fits of rage and engaging in self-harm, which they learned after plaintiff was admitted to St. Joseph’s Villa, following an incident on Feb. 16, 2020, was the result of complications when someone with plaintiff’s conditions used sertraline instead of Seroquel. Alexandra was hospitalized until April 9, plaintiff says, and alleges the negligence caused severe medical and psychological harm. Plaintiff asks judgment of $1 million.
Attorneys: Damon L. Pendleton and Christopher D. Adams of Christina Pendleton & Associates
Filed: 1/25/2022
CL22000214

Kapitus Servicing, Inc. v. Baltyk Construction, LLC d/b/a Baltyk Construction; and Slawomir Walewski
Plaintiff says the Pennsylvania business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $49,602.90.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000217

Kapitus Servicing, Inc. v. LIC Printing Corp. d/b/a Minuteman Press; and Michael Polakovich
Plaintiff says the New York business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $47,344.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000218

Strategic Funding Source, Inc. v. Workspace Communications, LLC d/b/a Workspace Communications; Bryan DiGiorgio; and Michael Haines
Plaintiff says the Missouri business is in default of a loan agreement and seeks judgment in the principal amount of $137,007.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000220

Kapitus Servicing, Inc. v. LAMD Medical Group and Multi Speciality, Corp. d/b/a LAMD Medical Group; and Loren Martinez
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $77,562.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000221

Kapitus Servicing, Inc. v. La Maquina Tire Shop, Inc. d/b/a La Maquina Tire Shop & Flat Fixed; and Serapio Nunez
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $32,417.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000222

Kapitus Servicing, Inc. v. Squatchbug, Inc. d/b/a Bubbas Sports Bar & Grill; and R&D Ventures, Inc. d/b/a Bubbas Sports Bar & Grill
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $34,387.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/25/2022
CL22000224

Henrico Circuit Court

Kapitus Servicing, Inc. v. Fresh Concepts Custom Painting, LLC d/b/a Fresh Concepts Custom Painting; and Brian Koesters
Plaintiff says the Indianapolis business is in default of a loan agreement and seeks judgment in the principal amount of $61,913.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000588

Kapitus Servicing, Inc. v. W.R. Carlson Roofing Specialist, Inc. d/b/a W.R. Carlson Roofing Specialist; and Michael Savage
Plaintiff says the Florida business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $65,824.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000589

Kapitus Servicing, Inc. v. Al’s Gardening Servicing, Inc. d/b/a Al’s Gardening Service; and Alexander M. Woodard
Plaintiff says the California business is in default of a future receivables financing agreement and seeks judgment in the principal amount of $84,796.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000590

Kapitus Servicing, Inc. v. Boutique 210, LLC d/b/a Boutique 210; and Tiaesha Jackson
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $32,780.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000591

Kapitus Servicing, Inc. v. Rose City Pressure Washing, LLC d/b/a Rose City Pressure Washing; and Eric Rohde
Plaintiff says the Washington business is in default of a loan agreement and seeks judgment in the principal amount of $54,150.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/2/2022
CL22000609

Kapitus Servicing, Inc. v. Countrywide Contracting, Inc. d/b/a Countrywide Contracting/Lionsgate Marketing; and Craig Johnson
Plaintiff says the Minnesota business is in default of a loan agreement and seeks judgment in the principal amount of $62,632.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/31/2022
CL22000612

POM of Virginia, LLC v. Eshan Traders Inc. d/b/a Elco Market
Plaintiff says defendant has breached an agreement by removing plaintiff’s skill games from its business at 3990 E. Williamsburg Road, Sandston, and installing video game machines from competing manufacturers and distributors. Plaintiff asks compensatory damages of $75,000, and temporary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson (US)
Filed: 2/4/2022
CL22000730

Richmond Circuit Court

Vladimir Sidorov v. MCV Associated Physicians and Virginia Commonwealth University Health System Authority
Plaintiff says defendants, from June 1 through July 29, 2020, failed to adequately diagnose, treat and follow up his infection despite being treated in the hospital, leading to significant neurological injuries and disabilities. Plaintiff seeks judgment of $3 million.
Attorneys: John A. Merrick and Lester C. Brock of Merrick Brock
Filed: 1/28/2021
CL22000357

Keith L. Lipscomb v. Food Lion, LLC d/b/a Food Lion Store #0453; Jeffrey M. Boone; Anita C. Hayes; and Delhaize America, LLC
Plaintiff says on/about March 19, 2020, in the Tappahannock store, the top of a container holding hot rotisserie chicken separated from the bottom when he picked up the item, causing the chicken and scalding liquid to spill on his upper right thigh, causing severe burns. Plaintiff alleges negligence and seeks judgment of $1.5 million.
Attorneys: Gina Sultan and Howard Bullock of Shaheen Law Firm
Filed: 1/31/2022
CL22000429

Joshua Harsh v. Steve Logue; Kim Logue; and Hogshead, LLC d/b/a Hogshead Café
Plaintiff says he was defamed by fabricated, false and malicious statements by Steve and/or Kim Logue and/or persons at their direction and control on behalf of their business that were posted on the restaurant’s Facebook page, and state as fact that plaintiff (who is pictured) “threatened to shoot their server because the fried pickles weren’t crispy…and threatened to shoot 2 servers,” false statements that plaintiff says were promoted and amplified on/about March 8, 2021, and shared more than 400 times, with more than 200 comments, and continued to be published for months despite receiving two letters from counsel seeking to remove the post. Plaintiff says defendants ignored a spoilation letter to preserve the video of the events in question, instead offering a “cherry picked” version. Plaintiff says the events began on/about March 6, 2021, when he, along with his girlfriend and two acquaintances, all of whom were of various racial and ethnic composition, were treated with indifference and poor service in the restaurant. The Logues, plaintiff says, also lodged a criminal complaint against him alleging assault, which was dismissed in Henrico County General District Court with prejudice for lack of evidence, and he has lost significant income, his reputation has been damaged, and he has suffered emotional, mental and physical pain. Plaintiff seeks compensatory damages of $4 million, and punitive, $350,000.
Attorneys: Mark M. Esposito and Thomas J. Schilling of Schilling & Esposito
Filed: 2/1/2022
CL22000437

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