The Docket: Local court roundup for 4.28.22

Chesterfield Circuit Court

B.E. Towing, Inc. d/b/a Eagle Towing v. Kathy Lynne Rice d/b/a K&F Trucking; Franklin Wiley Rice d/b/a K&F Trucking; William Todd Cates d/b/a Cates Trucking; and Builders Firstsource, Inc.
Plaintiff claims damages of $35,000, saying defendants have refused to retrieve their cargo or to pay storage fees at its facility following an accident on I-95 that plaintiff cleaned up.
Attorneys: Alicha M. Grubb of Gentry Locke
Filed: 4/14/2022
CL22001253

Kapitus Servicing, Inc. v. Behavioral Services of Nevada LLC d/b/a Behavioral Services of Nevada; and Marilyn Hanley
Plaintiff says the Las Vegas business is in default of a future receivables purchasing agreement and seeks judgment in the principal amount of $170,293.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001291

Kapitus Servicing, Inc. v. Weather Proofing Experts, LLC d/b/a Weather Proofing Experts; and Thomas Robertson
Plaintiff says the Arkansas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $63,147.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001292

Kapitus Servicing, Inc. v. Hidden Valley Painting and Handyman Services, Inc. d/b/a Hidden Valley Painting and Handyman Services; and Timothy Mattox
Plaintiff says the Utah business is in default of a forward purchase agreement and seeks judgment in the principal amount of $61,247.40.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001293

Kapitus Servicing, Inc. v. James Thornton, LLC d/b/a Fundraising University; and James Thornton
Plaintiff says the North Dakota business is in default of a forward purchase agreement and seeks judgment in the principal amount of $55,475.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001294

Kapitus Servicing, Inc. v. N Style Pools/Concrete, LLC d/b/a N Style Pools & Concrete; and Jeffry Welch
Plaintiff says the Oklahoma business is in default of a forward purchase agreement and seeks judgment in the principal amount of $119,250.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/19/2022
CL22001302

Kapitus Servicing, Inc. v. Choose to Become Coaching & Consulting, LLC d/b/a Broad Builders Market and Kate LaBrosse Consulting
Plaintiff says the Minneapolis business is in default of a loan agreement and seeks judgment in the principal amount of $40,637.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/19/2022
CL22001303

Executive Financial Enterprises, Inc., assignee of United Parcel Service, Inc. v. New Century Food Corporation
Plaintiff says defendant has failed to pay for merchandise and seeks judgment of $53,249.26.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 4/21/2022
CL22001321

Henrico Circuit Court

Luvi Stations, Inc. and Saul Vidal Pardo v. Tanya Investments, LLC
Plaintiff says on/about March 15, 2021, the parties entered into a lease for a fuel and convenience store at 8430 W. Broad St., relying on defendant’s representation that the fuel system had no leaks and was up to date. Plaintiff says it discovered at least one fuel tank had a leak, unreported to the Virginia Department of Environmental Quality, and defendant knew that the fuel dispensing system was required to be updated to provide for credit card chip readers no later than April 1, 2021, but did not inform plaintiff. Plaintiff says it invested over $350,000 in the property, and that defendant agreed to repair the fuel tank leak(s) and abate plaintiff’s rent for October 2021-February 2022, but reneged on the deal and when plaintiff did not pay all five months’ rent prior to the end of February, locked plaintiff out of the property, thereby illegally taking plaintiff’s property and business. Plaintiff alleges fraud and conversion and seeks damages of $400,000, and punitive, $350,000.
Attorneys: Robert W. Partin of The Partin Law Firm
Filed: 4/14/2022
CL22002391

Stephanie Sharp Ward, executor of the estate of Barry Graham Sharp, deceased v. Parham Care Center LLC d/b/a Parham Healthcare & Rehabilitation Center; Medical Facilities of America V(5), XV(15) and L.P.I. d/b/a Parham Healthcare & Rehabilitation Center; Bon Secours Mercy Health, Inc.; Bon Secours Medical Group Richmond Primary Care LLC; Bon Secours Medical Group Richmond Specialty Care LLC; Khalid Karim, M.D.; Holly Isaacs, N.P.; Vohra Wound Physicians of FL, LLC; and Hiral Gallimore, M.D.
Plaintiff says defendants’ actions and inactions following a fall and revision arthroplasty of decedent’s right hip on June 19, 2020, led to severe sepsis secondary to chronic sacral wound which appeared to be tunneling toward the rectum, leading to his death on July 27. Plaintiff seeks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 4/15/2022
CL22002404

Kapitus Servicing, Inc. v. Demetrius L. Bush d/b/a Big Kid at Heart
Plaintiff says the South Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $47,797.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22002416

Richmond Circuit Court

Brandon Ferrell v. CSX Transportation, Inc.
Plaintiff says on July 2, 2019, while performing his duties, he was injured dismounting a rail car when he stepped on poorly maintained ballast in an unsafe walkway that shifted under his weight near Rocky Mount, N.C., resulting in severe injury to his right leg. Plaintiff seeks judgment of $500,000.
Attorneys: Claude W. Anderson Jr. of The Moody Law Firm
Filed: 4/15/2022
CL22001498

Cintas Corporation v. American Builders & Contractors Supply Co., Inc.
Plaintiff says defendant has failed to pay for uniform rental services provided and seeks judgment of $29,448.10.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 4/19/2022
CL22001672

Kapitus Servicing, Inc. v. Paypal Keeaumok L&C Corp. d/b/a 88 Paypal Supermarket; Yong Lee; and David Choi
Plaintiff says the Honolulu business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,439.58.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001674

Cheryl Hall Capehart, administrator of the estate of Antoine Javon Hall, deceased v. Sheltering Arms Hospital
Plaintiff alleges numerous deficiencies in defendant’s care, including “rough transfer” that severely damaged decedent’s spine and led to neurosurgery at VCU Hospital, and allowing him to develop pressure sores, which became infected and led to sepsis and his death. Plaintiff seeks judgment of $3 million.
Attorneys: Carlton F. Bennett of The Law Firm of Carlton F. Bennett
Filed: 4/18/2022
CL22001687

Ann M. Brosnihan v. Food Lion, LLC; Delhaize America, LLC t/a Food Lion; and Hungarybrook Investors, LLC d/b/a Hungary Brook Shopping Center
Plaintiff says on Aug. 15, 2020, the wheels of her shopping cart dropped into a deep and wide hole in the parking lot that was filled with water, causing her to fall violently. Plaintiff claims damages of $74,000.
Attorneys: John D. Ayers of Marks & Harrison
Filed: 4/18/2022
CL22001688

Chesterfield Circuit Court

B.E. Towing, Inc. d/b/a Eagle Towing v. Kathy Lynne Rice d/b/a K&F Trucking; Franklin Wiley Rice d/b/a K&F Trucking; William Todd Cates d/b/a Cates Trucking; and Builders Firstsource, Inc.
Plaintiff claims damages of $35,000, saying defendants have refused to retrieve their cargo or to pay storage fees at its facility following an accident on I-95 that plaintiff cleaned up.
Attorneys: Alicha M. Grubb of Gentry Locke
Filed: 4/14/2022
CL22001253

Kapitus Servicing, Inc. v. Behavioral Services of Nevada LLC d/b/a Behavioral Services of Nevada; and Marilyn Hanley
Plaintiff says the Las Vegas business is in default of a future receivables purchasing agreement and seeks judgment in the principal amount of $170,293.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001291

Kapitus Servicing, Inc. v. Weather Proofing Experts, LLC d/b/a Weather Proofing Experts; and Thomas Robertson
Plaintiff says the Arkansas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $63,147.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001292

Kapitus Servicing, Inc. v. Hidden Valley Painting and Handyman Services, Inc. d/b/a Hidden Valley Painting and Handyman Services; and Timothy Mattox
Plaintiff says the Utah business is in default of a forward purchase agreement and seeks judgment in the principal amount of $61,247.40.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001293

Kapitus Servicing, Inc. v. James Thornton, LLC d/b/a Fundraising University; and James Thornton
Plaintiff says the North Dakota business is in default of a forward purchase agreement and seeks judgment in the principal amount of $55,475.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001294

Kapitus Servicing, Inc. v. N Style Pools/Concrete, LLC d/b/a N Style Pools & Concrete; and Jeffry Welch
Plaintiff says the Oklahoma business is in default of a forward purchase agreement and seeks judgment in the principal amount of $119,250.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/19/2022
CL22001302

Kapitus Servicing, Inc. v. Choose to Become Coaching & Consulting, LLC d/b/a Broad Builders Market and Kate LaBrosse Consulting
Plaintiff says the Minneapolis business is in default of a loan agreement and seeks judgment in the principal amount of $40,637.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/19/2022
CL22001303

Executive Financial Enterprises, Inc., assignee of United Parcel Service, Inc. v. New Century Food Corporation
Plaintiff says defendant has failed to pay for merchandise and seeks judgment of $53,249.26.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 4/21/2022
CL22001321

Henrico Circuit Court

Luvi Stations, Inc. and Saul Vidal Pardo v. Tanya Investments, LLC
Plaintiff says on/about March 15, 2021, the parties entered into a lease for a fuel and convenience store at 8430 W. Broad St., relying on defendant’s representation that the fuel system had no leaks and was up to date. Plaintiff says it discovered at least one fuel tank had a leak, unreported to the Virginia Department of Environmental Quality, and defendant knew that the fuel dispensing system was required to be updated to provide for credit card chip readers no later than April 1, 2021, but did not inform plaintiff. Plaintiff says it invested over $350,000 in the property, and that defendant agreed to repair the fuel tank leak(s) and abate plaintiff’s rent for October 2021-February 2022, but reneged on the deal and when plaintiff did not pay all five months’ rent prior to the end of February, locked plaintiff out of the property, thereby illegally taking plaintiff’s property and business. Plaintiff alleges fraud and conversion and seeks damages of $400,000, and punitive, $350,000.
Attorneys: Robert W. Partin of The Partin Law Firm
Filed: 4/14/2022
CL22002391

Stephanie Sharp Ward, executor of the estate of Barry Graham Sharp, deceased v. Parham Care Center LLC d/b/a Parham Healthcare & Rehabilitation Center; Medical Facilities of America V(5), XV(15) and L.P.I. d/b/a Parham Healthcare & Rehabilitation Center; Bon Secours Mercy Health, Inc.; Bon Secours Medical Group Richmond Primary Care LLC; Bon Secours Medical Group Richmond Specialty Care LLC; Khalid Karim, M.D.; Holly Isaacs, N.P.; Vohra Wound Physicians of FL, LLC; and Hiral Gallimore, M.D.
Plaintiff says defendants’ actions and inactions following a fall and revision arthroplasty of decedent’s right hip on June 19, 2020, led to severe sepsis secondary to chronic sacral wound which appeared to be tunneling toward the rectum, leading to his death on July 27. Plaintiff seeks judgment of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 4/15/2022
CL22002404

Kapitus Servicing, Inc. v. Demetrius L. Bush d/b/a Big Kid at Heart
Plaintiff says the South Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $47,797.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22002416

Richmond Circuit Court

Brandon Ferrell v. CSX Transportation, Inc.
Plaintiff says on July 2, 2019, while performing his duties, he was injured dismounting a rail car when he stepped on poorly maintained ballast in an unsafe walkway that shifted under his weight near Rocky Mount, N.C., resulting in severe injury to his right leg. Plaintiff seeks judgment of $500,000.
Attorneys: Claude W. Anderson Jr. of The Moody Law Firm
Filed: 4/15/2022
CL22001498

Cintas Corporation v. American Builders & Contractors Supply Co., Inc.
Plaintiff says defendant has failed to pay for uniform rental services provided and seeks judgment of $29,448.10.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 4/19/2022
CL22001672

Kapitus Servicing, Inc. v. Paypal Keeaumok L&C Corp. d/b/a 88 Paypal Supermarket; Yong Lee; and David Choi
Plaintiff says the Honolulu business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,439.58.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 4/18/2022
CL22001674

Cheryl Hall Capehart, administrator of the estate of Antoine Javon Hall, deceased v. Sheltering Arms Hospital
Plaintiff alleges numerous deficiencies in defendant’s care, including “rough transfer” that severely damaged decedent’s spine and led to neurosurgery at VCU Hospital, and allowing him to develop pressure sores, which became infected and led to sepsis and his death. Plaintiff seeks judgment of $3 million.
Attorneys: Carlton F. Bennett of The Law Firm of Carlton F. Bennett
Filed: 4/18/2022
CL22001687

Ann M. Brosnihan v. Food Lion, LLC; Delhaize America, LLC t/a Food Lion; and Hungarybrook Investors, LLC d/b/a Hungary Brook Shopping Center
Plaintiff says on Aug. 15, 2020, the wheels of her shopping cart dropped into a deep and wide hole in the parking lot that was filled with water, causing her to fall violently. Plaintiff claims damages of $74,000.
Attorneys: John D. Ayers of Marks & Harrison
Filed: 4/18/2022
CL22001688

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