The Docket: Local court roundup for 3.3.22

Chesterfield Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. MNRB Inc. d/b/a Turner Road Shell
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 7039 Hull Street Road and offering to customers other video game machines from competing manufacturers and distributors, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/7/2022
CL22000377

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Modestwealth One LLC d/b/a Irongate Shell
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 6437 Iron Bridge Road and offering to customers other video game machines from competing manufacturers and distributors, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/7/2022
CL22000378

COL Enterprises, Inc. v. Commonwealth Center Apartments, LLC
Plaintiff owns 6.4 acres of commercial property at 5309 Commonwealth Pkwy., sharing a private entranceway from the public road with defendant’s adjoining property at 5411 Commonwealth Pkwy., and says defendant has violated an easement agreement by removing portions of plaintiff’s curb and landscaped median and modifying it into a drive aisle without authorization, creating a dangerous traffic condition and confusion over how to reach plaintiff’s commercial office building. Plaintiff says defendant’s conduct has caused permanent damage to its real estate and seeks injunctive relief, damages of at least $50,000, and punitive damages of $350,000.
Attorneys: W. Alexander Burnett and Anna T. Birkenheier of Williams Mullen
Filed: 2/8/2022
CL22000402

Vaco LLC v. Avail Vapor, LLC and Blackbriar Regulatory Services, LLC
Plaintiff says it provided temporary staffing services, and defendant has failed to pay $21,802.46 that is due and owing.
Attorneys: Peter C. Sales of Bradley Arant Boult Cummings
Filed: 2/14/2022
CL22000451

Mary Lou Dudziak v. Anesthesia Concepts, LLC and Marc Kirshner, D.O.
Plaintiff claims damages of $5 million, and says on Jan. 8, 2018, Kirshner misguided the needle during a preoperative nerve block, causing a partially collapsed right lung as a result of phrenic nerve injury.
Attorneys: W. Randolph Robins Jr. of Lantz & Robins
Filed: 2/14/2022
CL22000457

Kapitus Servicing, Inc. v. Golden Holden, LLC d/b/a Spring Fit Body Boot Camp; and Keith Holden
Plaintiff says the Texas business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $34,203.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000510

Kapitus Servicing, Inc. v. Bayou Boyz Kustoms Inc. d/b/a Bayou Boyz Kustoms; and Mason Reddix
Plaintiff says the New Orleans business is in default of a loan agreement and seeks judgment in the principal amount of $42,605.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000511

Kapitus Servicing, Inc. v. Xact Marketing, Inc. d/b/a Xact Roofing and Exteriors; and Richard Carlson
Plaintiff says the Colorado business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $59,647.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000512

Henrico Circuit Court

Steven Cancino and Myk Kahl v. Eagle Construction of VA, LLC
Plaintiffs say defendant has refused to cooperate with closing or to perform their closing obligations for a new home they contracted to buy, and seek specific performance of the contract and judgment of $100,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 2/9/2022
CL22000805

Verna Christopher v. Walmart Inc.
Plaintiff says she stepped in a hole in the parking lot on/about March 15, 2020, sustaining serious injuries, and seeks judgment of $5 million.
Attorneys: Joseph S. Massie III of Massie Law Firm; and Raymond L. Palmer of Palmer Law Firm
Filed: 2/10/2022
CL22000819

Kapitus Servicing, Inc. v. Comfort Care Medical Supplies & Rentals, LLC d/b/a Your Home Medical – Ocala; and James Fletcher
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $30,919.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/11/2022
CL22000912

Kapitus Servicing, Inc. v. Stanley Woodworking, Inc. d/b/a Stanley Woodworking; William Penn Cabinetry LLC; Selinsgrove Industrial Casework LLC d/b/a Wood Metal Industries; Maurice Brubaker; and John Doe
Plaintiff says the Pennsylvania businesses have defaulted, that funds were being transferred between the three business entities. Plaintiff alleges conversion and seeks judgment in the principal amount of $376,600.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/16/2022
CL22000981

Colonial Funding Network, Inc. v. Route 620 Stop-N-Go Market, LLC d/b/a Route 620 Stop-N-Go Market; Charles Martin; and Ethel Darlene Ferguson
Plaintiff says the Scottsville, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $30,847.72.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000982

Colonial Funding Network, Inc. v. Chesapeake Service Systems, Inc. d/b/a Chesapeake Service Systems; and Thomas J. Swanston
Plaintiff says the Chesapeake, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $136,199.39.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000989

David Beasley v. ARHC AORMDVA01, LLC; and OrthoVirginia, Inc.
Plaintiff says his property is adjacent to the Ortho office on Shrader Road, and on/about Feb. 29, 2020, when he was in the backyard and kneeling to level a storage shed, a large section of plaintiff’s concrete barrier wall broke off from the top, and without warning, fell on his right hand, wrist, elbow and shoulder, causing serious injuries requiring multiple surgeries. Plaintiff alleges defendants failed to maintain trees along the wall, and they exerted pressure on it, causing the incident, and seeks compensatory damages of $2 million, and punitive, $350,000.
Attorneys: Benjamin S. Tyree of Coates & Davenport
Filed: 2/17/2022
CL22001024

Richmond Circuit Court

Hertless Holdings, Inc. f/k/a Temperature Control Mechanical Services, Inc. v. Shockoe I Apartments LLC; Shockoe II Apartments LLC; Capital Realty Group of Virginia, Inc.; and Shockoe I Apartments VA, LP
Plaintiff says defendant has failed to pay invoices due of $44,398.18 for maintenance and on-call services at Shockoe Hill Apartments.
Attorneys: Benjamin S. Tyree of Coates & Davenport
Filed: 2/14/2022
CL22000666

POM of Virginia, LLC v. Monterroso Enterprises Inc. d/b/a El Adventurero
Plaintiff says defendant has breached its obligations by removing plaintiff’s skill game from the business at 3111 Broad Rock Blvd. and failing to provide sufficient facilities for the game to be accessible to its customers, and by placing and operating unauthorized games in violation of exclusivity provisions. Plaintiff seeks compensatory damages of $75,000 and injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/17/2022
CL22000680

Champagne Pritchard v. Norfolk Southern Corp.
Plaintiff says on Nov. 5, 2020, she was operating a motorized scooter on Julian Street in Norfolk, and because defendant failed to maintain the pavement in and around its railroad tracks, the front wheel became stuck at the track, causing her to crash violently to the ground and suffer injuries for which she claims damages of $2 million.
Attorneys: M. Scott Bucci and Jeffrey N. Stedman of Cantor Grana Buckner Bucci
Filed: 2/17/2022
CL22000767

Reginald Leroy Jones Jr. v. Chali Framing Company, LLC; GVL Framing, LLC; Blake’s Pest Control, Inc.; Builders Firstsource – Atlantic Group, Inc. and 4 related entities; and NVR, Inc.
Plaintiff says defendants on Feb. 28, 2020, were utilizing ladders while working on the premises of 3642 Seaford Crossing Drive, Midlothian, when defendants caused an unsecured ladder to fall and strike him, causing permanent injuries. Plaintiff asks judgment of $2 million.
Attorneys: Kelly B. Martin of Tronfeld West & Durrett
Filed: 2/18/2022
CL22000683

Thomas P. Thompson v. Popeyes Louisiana Kitchen, Inc.
Plaintiff claims damages of $950,000, saying on/about Nov. 9, 2017, at 8044 W. Broad St., he was caused to fall due to a substance coming from the soda machine.
Attorneys: Thomas M. Konvicka of The Joel Bieber Firm
Filed: 2/18/2022
CL22000687

Daniel Nelson and Shannon Crooks v. Next Call LLC a/k/a Next Call, Inc.; Andre Massenburg; Robert Tree and Lawn Service, LLC; and Neri Roberto Diaz Vasquez
Plaintiffs say on/about March 5, 2019, the tree service removed a large, old valuable elm tree from their property at 66 W. Clopton St., instead of removing a tree from Next Call property at 60 W. Clopton St., and seek damages of $50,000.
Attorneys: William G. Shields of The Shields Law Firm
Filed: 2/22/2022
CL22000692

Chesterfield Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. MNRB Inc. d/b/a Turner Road Shell
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 7039 Hull Street Road and offering to customers other video game machines from competing manufacturers and distributors, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/7/2022
CL22000377

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Modestwealth One LLC d/b/a Irongate Shell
Plaintiff says defendant has breached an agreement by removing its skill game from the business at 6437 Iron Bridge Road and offering to customers other video game machines from competing manufacturers and distributors, and seeks compensatory damages of $75,000 and preliminary and permanent injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/7/2022
CL22000378

COL Enterprises, Inc. v. Commonwealth Center Apartments, LLC
Plaintiff owns 6.4 acres of commercial property at 5309 Commonwealth Pkwy., sharing a private entranceway from the public road with defendant’s adjoining property at 5411 Commonwealth Pkwy., and says defendant has violated an easement agreement by removing portions of plaintiff’s curb and landscaped median and modifying it into a drive aisle without authorization, creating a dangerous traffic condition and confusion over how to reach plaintiff’s commercial office building. Plaintiff says defendant’s conduct has caused permanent damage to its real estate and seeks injunctive relief, damages of at least $50,000, and punitive damages of $350,000.
Attorneys: W. Alexander Burnett and Anna T. Birkenheier of Williams Mullen
Filed: 2/8/2022
CL22000402

Vaco LLC v. Avail Vapor, LLC and Blackbriar Regulatory Services, LLC
Plaintiff says it provided temporary staffing services, and defendant has failed to pay $21,802.46 that is due and owing.
Attorneys: Peter C. Sales of Bradley Arant Boult Cummings
Filed: 2/14/2022
CL22000451

Mary Lou Dudziak v. Anesthesia Concepts, LLC and Marc Kirshner, D.O.
Plaintiff claims damages of $5 million, and says on Jan. 8, 2018, Kirshner misguided the needle during a preoperative nerve block, causing a partially collapsed right lung as a result of phrenic nerve injury.
Attorneys: W. Randolph Robins Jr. of Lantz & Robins
Filed: 2/14/2022
CL22000457

Kapitus Servicing, Inc. v. Golden Holden, LLC d/b/a Spring Fit Body Boot Camp; and Keith Holden
Plaintiff says the Texas business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $34,203.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000510

Kapitus Servicing, Inc. v. Bayou Boyz Kustoms Inc. d/b/a Bayou Boyz Kustoms; and Mason Reddix
Plaintiff says the New Orleans business is in default of a loan agreement and seeks judgment in the principal amount of $42,605.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000511

Kapitus Servicing, Inc. v. Xact Marketing, Inc. d/b/a Xact Roofing and Exteriors; and Richard Carlson
Plaintiff says the Colorado business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $59,647.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/17/2022
CL22000512

Henrico Circuit Court

Steven Cancino and Myk Kahl v. Eagle Construction of VA, LLC
Plaintiffs say defendant has refused to cooperate with closing or to perform their closing obligations for a new home they contracted to buy, and seek specific performance of the contract and judgment of $100,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 2/9/2022
CL22000805

Verna Christopher v. Walmart Inc.
Plaintiff says she stepped in a hole in the parking lot on/about March 15, 2020, sustaining serious injuries, and seeks judgment of $5 million.
Attorneys: Joseph S. Massie III of Massie Law Firm; and Raymond L. Palmer of Palmer Law Firm
Filed: 2/10/2022
CL22000819

Kapitus Servicing, Inc. v. Comfort Care Medical Supplies & Rentals, LLC d/b/a Your Home Medical – Ocala; and James Fletcher
Plaintiff says the Florida business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $30,919.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 2/11/2022
CL22000912

Kapitus Servicing, Inc. v. Stanley Woodworking, Inc. d/b/a Stanley Woodworking; William Penn Cabinetry LLC; Selinsgrove Industrial Casework LLC d/b/a Wood Metal Industries; Maurice Brubaker; and John Doe
Plaintiff says the Pennsylvania businesses have defaulted, that funds were being transferred between the three business entities. Plaintiff alleges conversion and seeks judgment in the principal amount of $376,600.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/16/2022
CL22000981

Colonial Funding Network, Inc. v. Route 620 Stop-N-Go Market, LLC d/b/a Route 620 Stop-N-Go Market; Charles Martin; and Ethel Darlene Ferguson
Plaintiff says the Scottsville, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $30,847.72.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000982

Colonial Funding Network, Inc. v. Chesapeake Service Systems, Inc. d/b/a Chesapeake Service Systems; and Thomas J. Swanston
Plaintiff says the Chesapeake, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $136,199.39.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/16/2022
CL22000989

David Beasley v. ARHC AORMDVA01, LLC; and OrthoVirginia, Inc.
Plaintiff says his property is adjacent to the Ortho office on Shrader Road, and on/about Feb. 29, 2020, when he was in the backyard and kneeling to level a storage shed, a large section of plaintiff’s concrete barrier wall broke off from the top, and without warning, fell on his right hand, wrist, elbow and shoulder, causing serious injuries requiring multiple surgeries. Plaintiff alleges defendants failed to maintain trees along the wall, and they exerted pressure on it, causing the incident, and seeks compensatory damages of $2 million, and punitive, $350,000.
Attorneys: Benjamin S. Tyree of Coates & Davenport
Filed: 2/17/2022
CL22001024

Richmond Circuit Court

Hertless Holdings, Inc. f/k/a Temperature Control Mechanical Services, Inc. v. Shockoe I Apartments LLC; Shockoe II Apartments LLC; Capital Realty Group of Virginia, Inc.; and Shockoe I Apartments VA, LP
Plaintiff says defendant has failed to pay invoices due of $44,398.18 for maintenance and on-call services at Shockoe Hill Apartments.
Attorneys: Benjamin S. Tyree of Coates & Davenport
Filed: 2/14/2022
CL22000666

POM of Virginia, LLC v. Monterroso Enterprises Inc. d/b/a El Adventurero
Plaintiff says defendant has breached its obligations by removing plaintiff’s skill game from the business at 3111 Broad Rock Blvd. and failing to provide sufficient facilities for the game to be accessible to its customers, and by placing and operating unauthorized games in violation of exclusivity provisions. Plaintiff seeks compensatory damages of $75,000 and injunctive relief.
Attorneys: Ian R. Dickinson and Jason C. Hicks of Womble Bond Dickinson US
Filed: 2/17/2022
CL22000680

Champagne Pritchard v. Norfolk Southern Corp.
Plaintiff says on Nov. 5, 2020, she was operating a motorized scooter on Julian Street in Norfolk, and because defendant failed to maintain the pavement in and around its railroad tracks, the front wheel became stuck at the track, causing her to crash violently to the ground and suffer injuries for which she claims damages of $2 million.
Attorneys: M. Scott Bucci and Jeffrey N. Stedman of Cantor Grana Buckner Bucci
Filed: 2/17/2022
CL22000767

Reginald Leroy Jones Jr. v. Chali Framing Company, LLC; GVL Framing, LLC; Blake’s Pest Control, Inc.; Builders Firstsource – Atlantic Group, Inc. and 4 related entities; and NVR, Inc.
Plaintiff says defendants on Feb. 28, 2020, were utilizing ladders while working on the premises of 3642 Seaford Crossing Drive, Midlothian, when defendants caused an unsecured ladder to fall and strike him, causing permanent injuries. Plaintiff asks judgment of $2 million.
Attorneys: Kelly B. Martin of Tronfeld West & Durrett
Filed: 2/18/2022
CL22000683

Thomas P. Thompson v. Popeyes Louisiana Kitchen, Inc.
Plaintiff claims damages of $950,000, saying on/about Nov. 9, 2017, at 8044 W. Broad St., he was caused to fall due to a substance coming from the soda machine.
Attorneys: Thomas M. Konvicka of The Joel Bieber Firm
Filed: 2/18/2022
CL22000687

Daniel Nelson and Shannon Crooks v. Next Call LLC a/k/a Next Call, Inc.; Andre Massenburg; Robert Tree and Lawn Service, LLC; and Neri Roberto Diaz Vasquez
Plaintiffs say on/about March 5, 2019, the tree service removed a large, old valuable elm tree from their property at 66 W. Clopton St., instead of removing a tree from Next Call property at 60 W. Clopton St., and seek damages of $50,000.
Attorneys: William G. Shields of The Shields Law Firm
Filed: 2/22/2022
CL22000692

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