The Docket: Local court roundup for 4.14.22

Chesterfield Circuit Court

Kelly Adams, administrator of the estate of Connie Hale Wilder, deceased v. Chippenham & Johnston-Willis Hospital, Inc.
Plaintiff says on March 29, 2020, Wilder presented at JWH with weakness, pain and nausea, and while in the emergency department was left unattended, at which point she vomited, aspirated and then experienced cardiac arrest, resulting in her death. Plaintiff asks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/29/2022
CL22001026

Robert Wayne Bliley v. Jason Wells and 84 Lumber Company
Plaintiff says on May 15, 2020, in the course of his employment, he delivered plywood and decking boards to 84 Lumber store #1705, and Wells, an employee, failed to lift the load high enough or turned his forklift too soon to clear the load that remained on the flatbed, causing bundles of board to fall without warning and strike him in the head, neck and back as he stood close to the trailer, resulting in severe and permanently disabling injuries. Plaintiff seeks judgment of $2 million.
Attorneys: Matthew W. Broughton and Evans G. Edwards of Gentry Locke
Filed: 4/1/2022
CL22001063

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Rane LLC d/b/a Orange Market
Plaintiff says defendant has breached an exclusivity agreement by removing its skill game from the premises at 9500 Newbys Bridge Road and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 4/4/2022
CL22001087

Trussway Manufacturing, LLC v. Waverton Associates, Inc.; Austin Woods Apartments, LLC; Virginia Housing and Development Authority; Paul M. Brennan, trustee; and Frederick W. Bryant, trustee
Plaintiff says Waverton, general contractor for construction of the apartments at 5900 Austin Woods Drive, has failed to pay $197,364.43 for materials and labor, and seeks a ruling that plaintiff’s mechanic’s lien is valid and enforceable, and the sale of the property to satisfy the lien.
Attorneys: James E. Moore and Gordon M. Phillips of Christian & Barton; and Dennis A. McQueen of Pagel, Davis & Hill
Filed: 4/7/2022
CL22001164

Henrico Circuit Court

M.S., a minor, by her parent and next friend Latoya Nelson, and Latoya Nelson, individually v. Radiology Associates of Richmond, Inc.; Gerry Reece, M.D.; and Kieran Cross, M.D.
Plaintiff says defendants failed to detect intestinal malrotation and volvulus on 1-month-old M.S., leading to significant delay in diagnosis and treatment. Plaintiff seeks judgment of $20 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/30/2022
CL22002021

Michele H. Hollis, M.D. v. Ingleside Emergency Group, LLC; Subsidium Healthcare, LLC; Kingsford Emergency Group, LLC; and SCP Health d/b/a Shumacher Clinical Partners d/b/a Shumacher Group Healthcare Consulting, Inc.
Plaintiff says she provided emergency medicine services at an hourly rate per a contract for HCA hospitals, that her pay was cut and that she was terminated in breach of her contract and in retaliation for her refusal to engage in fraudulent billing and for reporting misuse/misappropriation of other federal funds. Plaintiff seeks judgment of $15 million.
Attorneys: Thomas E. Strelka, L. Leigh R. Strelka, N. Winston West IV, Brittany M. Haddox and Monica L. Mroz of Strelka Employment Law
Filed: 4/1/2022
CL22002102

Colonial Funding Network, Inc. d/b/a VitalCap Fund v. Campbells Rents Co, LLC d/b/a Easyhome Furnishings; Lemuel Travis Campbell; and Kellie Campbell
Plaintiff says the Bristol, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $47,094.99.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22002158

Concrete Pipe & Precast, LLC v. Carolina Marine Structures, Inc. and Philadelphia Indemnity Insurance Company
Plaintiff says Carolina Marine purchased materials for a project in Hampton Roads and has failed to pay all amounts due. Plaintiff asks judgment of $25,255.44.
Attorneys: Bruce E. Arkema of Durrette, Arkema, Gerson & Gill
Filed: 4/6/2022
CL22002219

Kathleen Alice Moriarty v. Virginia Foot & Ankle Center, PC and Scott T. Vantre, DPM
Plaintiff, a college student at the time, says defendant performed ankle surgery in December 2016 despite her having an obvious wound and potential infection present, leading to deformity and numerous mobility issues in her right lower extremity. Plaintiff asks judgment of $2.3 million.
Attorneys: Mark D. Dix of Dix Law Firm; and Brian H. Jones of Barnes & Diehl
Filed: 4/7/2022
CL22002174

Richmond Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Rivas Family Inc. d/b/a Y Restaurante El Paraiso
Plaintiff says defendant has breached an exclusivity agreement by removing its skill game from the premises at 3025 Brook Road and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 3/31/2022
CL22001424

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Prutha LLC d/b/a Quick N Easy
Plaintiff says defendant has breached an exclusivity agreement at 4105 W. Broad St. by offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 3/31/2022
CL22001425

Alsco, Inc. v. AMG-VA Operations LLC t/a Cowboy Jack’s
Plaintiff claims damages of $35,266.62, saying it provided materials and product and defendant has failed to pay amounts due and attempted to improperly terminate the contract.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 4/4/2022
CL22001437

Atlantic Construction Fabrics, Inc. d/b/a ACF Environmental, Inc. v. Eastern Branch Demolition, LLC
Plaintiff says defendant has failed to pay $45,353.04 for materials purchased on credit.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 4/4/2022
CL22001438

Goshen Ventures LLC v. 1300 Mactavish Building Owners
Plaintiff seeks a judgment declaring that its 10-year lease with tenant defendant is terminable upon the expiration of the current renewal term, for a lease that commenced Jan. 1, 2021, and is set to expire on Dec. 31, 2030, for parking spaces located on the south side of Clay Street, between McTavish Avenue and High Point Road, located on a larger parcel of real estate owned by plaintiff. Plaintiff says it plans to construct a multifamily residential project on its property at 3210 W. Marshall St., and the economic feasibility of its plans depend upon its ability to redevelop the entire parcel, including the leased parking spaces.
Attorneys: John R. Wall, Alexander P.M. Boyd, Robert R. Vieth and Allison P. Klena of Hirschler Fleischer
Filed: 4/4/2022
CL22001443

Kapitus Servicing, Inc. v. Fernando’s Woodwork L.L.C. d/b/a Fernando’s Woodwork; and Juan Mayen
Plaintiff says the Texas business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $97,882.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22001465

Kapitus Servicing, Inc. v. Quality Landscaping, LLC d/b/a Quality Landscaping; and Danny Frederick
Plaintiff says the Kentucky business is in default of a loan agreement and seeks judgment in the principal amount of $71,178.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22001467

Jacqueline R. Cramer v. Spearight Realty, LLC
Plaintiff says on/about May 14, 2021, purchased property at 3213 Lamb Ave. for $400,000. Plaintiff says defendant breached the contract by concealing the fact that the plumbing was not in good working order, and that condition caused leaks, improper drainage, and backups of effluents in the plumbing lines and collection of sewage below the basement floor, concealed the fact that the basement was sold as waterproof but is not, and breached representations and warranty that the HVAC system was new. Plaintiff alleges fraud by omission and seeks judgment of $100,000.
Attorneys: Christopher M. Malone and Sean Breit-Rupe of ThompsonMcMullan
Filed: 4/7/2022
CL22001619

Chesterfield Circuit Court

Kelly Adams, administrator of the estate of Connie Hale Wilder, deceased v. Chippenham & Johnston-Willis Hospital, Inc.
Plaintiff says on March 29, 2020, Wilder presented at JWH with weakness, pain and nausea, and while in the emergency department was left unattended, at which point she vomited, aspirated and then experienced cardiac arrest, resulting in her death. Plaintiff asks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/29/2022
CL22001026

Robert Wayne Bliley v. Jason Wells and 84 Lumber Company
Plaintiff says on May 15, 2020, in the course of his employment, he delivered plywood and decking boards to 84 Lumber store #1705, and Wells, an employee, failed to lift the load high enough or turned his forklift too soon to clear the load that remained on the flatbed, causing bundles of board to fall without warning and strike him in the head, neck and back as he stood close to the trailer, resulting in severe and permanently disabling injuries. Plaintiff seeks judgment of $2 million.
Attorneys: Matthew W. Broughton and Evans G. Edwards of Gentry Locke
Filed: 4/1/2022
CL22001063

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Rane LLC d/b/a Orange Market
Plaintiff says defendant has breached an exclusivity agreement by removing its skill game from the premises at 9500 Newbys Bridge Road and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 4/4/2022
CL22001087

Trussway Manufacturing, LLC v. Waverton Associates, Inc.; Austin Woods Apartments, LLC; Virginia Housing and Development Authority; Paul M. Brennan, trustee; and Frederick W. Bryant, trustee
Plaintiff says Waverton, general contractor for construction of the apartments at 5900 Austin Woods Drive, has failed to pay $197,364.43 for materials and labor, and seeks a ruling that plaintiff’s mechanic’s lien is valid and enforceable, and the sale of the property to satisfy the lien.
Attorneys: James E. Moore and Gordon M. Phillips of Christian & Barton; and Dennis A. McQueen of Pagel, Davis & Hill
Filed: 4/7/2022
CL22001164

Henrico Circuit Court

M.S., a minor, by her parent and next friend Latoya Nelson, and Latoya Nelson, individually v. Radiology Associates of Richmond, Inc.; Gerry Reece, M.D.; and Kieran Cross, M.D.
Plaintiff says defendants failed to detect intestinal malrotation and volvulus on 1-month-old M.S., leading to significant delay in diagnosis and treatment. Plaintiff seeks judgment of $20 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 3/30/2022
CL22002021

Michele H. Hollis, M.D. v. Ingleside Emergency Group, LLC; Subsidium Healthcare, LLC; Kingsford Emergency Group, LLC; and SCP Health d/b/a Shumacher Clinical Partners d/b/a Shumacher Group Healthcare Consulting, Inc.
Plaintiff says she provided emergency medicine services at an hourly rate per a contract for HCA hospitals, that her pay was cut and that she was terminated in breach of her contract and in retaliation for her refusal to engage in fraudulent billing and for reporting misuse/misappropriation of other federal funds. Plaintiff seeks judgment of $15 million.
Attorneys: Thomas E. Strelka, L. Leigh R. Strelka, N. Winston West IV, Brittany M. Haddox and Monica L. Mroz of Strelka Employment Law
Filed: 4/1/2022
CL22002102

Colonial Funding Network, Inc. d/b/a VitalCap Fund v. Campbells Rents Co, LLC d/b/a Easyhome Furnishings; Lemuel Travis Campbell; and Kellie Campbell
Plaintiff says the Bristol, Va., business is in default of a revenue based factoring agreement and seeks judgment in the principal amount of $47,094.99.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22002158

Concrete Pipe & Precast, LLC v. Carolina Marine Structures, Inc. and Philadelphia Indemnity Insurance Company
Plaintiff says Carolina Marine purchased materials for a project in Hampton Roads and has failed to pay all amounts due. Plaintiff asks judgment of $25,255.44.
Attorneys: Bruce E. Arkema of Durrette, Arkema, Gerson & Gill
Filed: 4/6/2022
CL22002219

Kathleen Alice Moriarty v. Virginia Foot & Ankle Center, PC and Scott T. Vantre, DPM
Plaintiff, a college student at the time, says defendant performed ankle surgery in December 2016 despite her having an obvious wound and potential infection present, leading to deformity and numerous mobility issues in her right lower extremity. Plaintiff asks judgment of $2.3 million.
Attorneys: Mark D. Dix of Dix Law Firm; and Brian H. Jones of Barnes & Diehl
Filed: 4/7/2022
CL22002174

Richmond Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Rivas Family Inc. d/b/a Y Restaurante El Paraiso
Plaintiff says defendant has breached an exclusivity agreement by removing its skill game from the premises at 3025 Brook Road and offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 3/31/2022
CL22001424

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Prutha LLC d/b/a Quick N Easy
Plaintiff says defendant has breached an exclusivity agreement at 4105 W. Broad St. by offering to customers other video game machines from competing manufacturers and distributors. Plaintiff 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: 3/31/2022
CL22001425

Alsco, Inc. v. AMG-VA Operations LLC t/a Cowboy Jack’s
Plaintiff claims damages of $35,266.62, saying it provided materials and product and defendant has failed to pay amounts due and attempted to improperly terminate the contract.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 4/4/2022
CL22001437

Atlantic Construction Fabrics, Inc. d/b/a ACF Environmental, Inc. v. Eastern Branch Demolition, LLC
Plaintiff says defendant has failed to pay $45,353.04 for materials purchased on credit.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 4/4/2022
CL22001438

Goshen Ventures LLC v. 1300 Mactavish Building Owners
Plaintiff seeks a judgment declaring that its 10-year lease with tenant defendant is terminable upon the expiration of the current renewal term, for a lease that commenced Jan. 1, 2021, and is set to expire on Dec. 31, 2030, for parking spaces located on the south side of Clay Street, between McTavish Avenue and High Point Road, located on a larger parcel of real estate owned by plaintiff. Plaintiff says it plans to construct a multifamily residential project on its property at 3210 W. Marshall St., and the economic feasibility of its plans depend upon its ability to redevelop the entire parcel, including the leased parking spaces.
Attorneys: John R. Wall, Alexander P.M. Boyd, Robert R. Vieth and Allison P. Klena of Hirschler Fleischer
Filed: 4/4/2022
CL22001443

Kapitus Servicing, Inc. v. Fernando’s Woodwork L.L.C. d/b/a Fernando’s Woodwork; and Juan Mayen
Plaintiff says the Texas business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $97,882.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22001465

Kapitus Servicing, Inc. v. Quality Landscaping, LLC d/b/a Quality Landscaping; and Danny Frederick
Plaintiff says the Kentucky business is in default of a loan agreement and seeks judgment in the principal amount of $71,178.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/6/2022
CL22001467

Jacqueline R. Cramer v. Spearight Realty, LLC
Plaintiff says on/about May 14, 2021, purchased property at 3213 Lamb Ave. for $400,000. Plaintiff says defendant breached the contract by concealing the fact that the plumbing was not in good working order, and that condition caused leaks, improper drainage, and backups of effluents in the plumbing lines and collection of sewage below the basement floor, concealed the fact that the basement was sold as waterproof but is not, and breached representations and warranty that the HVAC system was new. Plaintiff alleges fraud by omission and seeks judgment of $100,000.
Attorneys: Christopher M. Malone and Sean Breit-Rupe of ThompsonMcMullan
Filed: 4/7/2022
CL22001619

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