The Docket: Local court roundup for 5.19.22

Chesterfield Circuit Court

Mark Hackett v. Wendell “Ray” Gibson and 5G Air, LLC
Plaintiff says after retiring as a commercial airline pilot, he conceived Richmond Executive Aviation (REA) in/around September 2017, to form a flight school and potentially a fixed-base operation to operate on an airport premises and provide aeronautical services for aircraft, passengers and crew for private and recreational services, and defendant was brought in as a financial partner, with plaintiff pitching the plan to Chesterfield Board of Supervisors for the addition of a second fuel-service FBO at the airport, including building two new hangars. Plaintiff says the plan was approved largely due to his goodwill and reputation within the industry, but that defendant sabotaged a $2.5 million loan funded by Chesapeake Bank and has sabotaged the day-to-day operations, has refused to pay for contractors engaged for the build-out of hangars, and other acts to curtail plaintiff’s actions. Plaintiff alleges fraud and says defendant falsely induced plaintiff into partnering with him based on the representation that REA would be an equal partnership, and that REA would secure a commercial loan for startup costs and hangar construction, and seeks damages of $4.5 million, punitive of $350,000, and imposition of an injunction to enjoin defendant from paying any invoices or withdrawing any funds from REA accounts and from making disparaging comments to anyone concerning REA or plaintiff.
Attorneys: Terry C. Frank and Megan H. Wills of Terry Frank Law
Filed: 4/29/2022
CL22001423

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. 3 4 God LLC d/b/a BP Gas Station Midlothian
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 9200 Midlothian Turnpike 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: 5/2/2022
CL22001438

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Jeff Davis Store, Inc. d/b/a Marketplace Store
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 7933 Jefferson Davis Highway 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: 5/2/2022
CL22001439

Leipertz Construction, Inc. v. Anatole Construction Company, Inc.
Plaintiff says defendant, a subcontractor, performed defective and late “thin brick” work on the Courtyard by Marriott – Scott’s Addition, and seeks damages of $50,000.
Attorneys: Mark C. Nanavati and G. Christopher Jones Jr. and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 5/3/2022
CL22001461

Henrico Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Varsha Inc. d/b/a Alan’s Exxon
Plaintiff says defendant has breached an exclusivity agreement by removing or rendering inoperable its skill game from the premises at 8800 Quioccasin 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: 4/28/2022
CL22002678

Jiraporn Chantasirivisal v. Bon Secours Mercy Health Petersburg LLC and Zvonko Spasic, M.D.
Plaintiff says defendants failed to provide reasonable care to timely and adequately investigate, diagnose and treat her ectopic pregnancy, causing injuries including the rupture of her left fallopian tube. Plaintiff seeks judgment of $3 million.
Attorneys: Anthony M. Segura of Strickland, Diviney, Segura & Byrd
Filed: 5/2/2022
CL22002735

Da’Mari D. Cannon, a minor, by his mother and next friend, Keondra Johnson v. Lisa M. Satchell d/b/a The Village Learning Center; and The Village Leaning Center, Inc.
Plaintiff says defendants failed to provide a safe environment and failed to supervise the 3-year-old minor at their facility at 1219 N. Laburnum Ave., on Nov. 5, 2019, and he fell and sustained serious injury. Plaintiff seeks judgment of $500,000.
Attorneys: Brenda L. Page and Alan F. Duckworth of Page Law Firm
Filed: 5/4/2022
CL22002799

Kapitus Servicing, Inc. v. Atasca Energy Management Services, LLC d/b/a Atasca Energy Management Services; and William McGlinchey
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $78,581.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002807

Kapitus Servicing, Inc. v. Jaks Design and Project Management, Inc. d/b/a Jaks Design and Project Management; and Daniel Bendix
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $94,164.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002808

Kapitus Servicing, Inc. v. Entergy Electric Company, LLC d/b/a Entergy Electric Company; and James Howard
Plaintiff says the Pennsylvania business is in default of a forward purchase agreement and seeks judgment in the principal amount of $250,760.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002813

Kapitus Servicing, Inc. v. Irvin’s Auto Care, Inc. d/b/a Irvin’s Auto Care; Lionel Curry; and Qiana R. Curry
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $62,957.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002818

Kramer, Fox & Associates, Inc. v. Insigma, Inc.
Plaintiff says defendant has failed to pay for work performed by the hour and seeks the principal sum of $19,200.
Attorneys: James A. Cooper of JC Law
Filed: 5/6/2022
CL22002870

Richmond Circuit Court

Sunshine Cline, Inc. d/b/a Rage RVA v. Art Rentals of VA, LLC
Plaintiff says defendant failed to make premises that plaintiff leased at 2403 W. Main St. available for occupancy and failed to “proportionately abate” the rent until the premises were available prior to terminating the lease, so has breached the lease. Plaintiff says it incurred deposit and construction expenses and was forced to find another location in which to operate, and seeks judgment of $146,130.92.
Attorneys: Reiner H. Smith
Filed: 5/5/2022
CL22001928

Alijah Gilliam-El v. Virginia-American Water Company; American Water Works Service Company, Inc.; American Water Works Company, Inc.; VA American Water, a subsidiary of American Water; and The City of Hopewell
Plaintiff says on/about May 11, 2020, defendants negligently failed to install and maintain a manhole cover, and as a result, he suffered severe injuries. Plaintiff asks judgment of $300,000.
Attorneys: C. James Williams III of Burnett & Williams
Filed: 5/9/2022
CL22002026

Roblyn L. Perkins v. First Care Home Health, Inc.
Plaintiff, an LPN, says she was terminated after sustaining an injury on the job and that defendant failed to accommodate her disability after the injury. Plaintiff claims damages of $500,000.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 5/11/2022
CL22002065

Burton Smith v. Kaiftyk Realty, Inc. d/b/a Gate Oaks Apartments
Plaintiff says he was injured on Aug. 19, 2020, when the ceiling of his living room at 2917 Chamberlayne Ave. collapsed on him, and seeks judgment of $750,000.
Attorneys: Theodore W. Briscoe III of Geoffrey R. McDonald & Associates
Filed: 5/11/2022
CL22002067

Chesterfield Circuit Court

Mark Hackett v. Wendell “Ray” Gibson and 5G Air, LLC
Plaintiff says after retiring as a commercial airline pilot, he conceived Richmond Executive Aviation (REA) in/around September 2017, to form a flight school and potentially a fixed-base operation to operate on an airport premises and provide aeronautical services for aircraft, passengers and crew for private and recreational services, and defendant was brought in as a financial partner, with plaintiff pitching the plan to Chesterfield Board of Supervisors for the addition of a second fuel-service FBO at the airport, including building two new hangars. Plaintiff says the plan was approved largely due to his goodwill and reputation within the industry, but that defendant sabotaged a $2.5 million loan funded by Chesapeake Bank and has sabotaged the day-to-day operations, has refused to pay for contractors engaged for the build-out of hangars, and other acts to curtail plaintiff’s actions. Plaintiff alleges fraud and says defendant falsely induced plaintiff into partnering with him based on the representation that REA would be an equal partnership, and that REA would secure a commercial loan for startup costs and hangar construction, and seeks damages of $4.5 million, punitive of $350,000, and imposition of an injunction to enjoin defendant from paying any invoices or withdrawing any funds from REA accounts and from making disparaging comments to anyone concerning REA or plaintiff.
Attorneys: Terry C. Frank and Megan H. Wills of Terry Frank Law
Filed: 4/29/2022
CL22001423

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. 3 4 God LLC d/b/a BP Gas Station Midlothian
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 9200 Midlothian Turnpike 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: 5/2/2022
CL22001438

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Jeff Davis Store, Inc. d/b/a Marketplace Store
Plaintiff says defendant has breached an exclusivity agreement by removing or making inoperable its skill game from the premises at 7933 Jefferson Davis Highway 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: 5/2/2022
CL22001439

Leipertz Construction, Inc. v. Anatole Construction Company, Inc.
Plaintiff says defendant, a subcontractor, performed defective and late “thin brick” work on the Courtyard by Marriott – Scott’s Addition, and seeks damages of $50,000.
Attorneys: Mark C. Nanavati and G. Christopher Jones Jr. and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 5/3/2022
CL22001461

Henrico Circuit Court

Queen of Virginia Skill & Entertainment, LLC and POM of Virginia, LLC v. Varsha Inc. d/b/a Alan’s Exxon
Plaintiff says defendant has breached an exclusivity agreement by removing or rendering inoperable its skill game from the premises at 8800 Quioccasin 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: 4/28/2022
CL22002678

Jiraporn Chantasirivisal v. Bon Secours Mercy Health Petersburg LLC and Zvonko Spasic, M.D.
Plaintiff says defendants failed to provide reasonable care to timely and adequately investigate, diagnose and treat her ectopic pregnancy, causing injuries including the rupture of her left fallopian tube. Plaintiff seeks judgment of $3 million.
Attorneys: Anthony M. Segura of Strickland, Diviney, Segura & Byrd
Filed: 5/2/2022
CL22002735

Da’Mari D. Cannon, a minor, by his mother and next friend, Keondra Johnson v. Lisa M. Satchell d/b/a The Village Learning Center; and The Village Leaning Center, Inc.
Plaintiff says defendants failed to provide a safe environment and failed to supervise the 3-year-old minor at their facility at 1219 N. Laburnum Ave., on Nov. 5, 2019, and he fell and sustained serious injury. Plaintiff seeks judgment of $500,000.
Attorneys: Brenda L. Page and Alan F. Duckworth of Page Law Firm
Filed: 5/4/2022
CL22002799

Kapitus Servicing, Inc. v. Atasca Energy Management Services, LLC d/b/a Atasca Energy Management Services; and William McGlinchey
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $78,581.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002807

Kapitus Servicing, Inc. v. Jaks Design and Project Management, Inc. d/b/a Jaks Design and Project Management; and Daniel Bendix
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $94,164.50.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002808

Kapitus Servicing, Inc. v. Entergy Electric Company, LLC d/b/a Entergy Electric Company; and James Howard
Plaintiff says the Pennsylvania business is in default of a forward purchase agreement and seeks judgment in the principal amount of $250,760.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002813

Kapitus Servicing, Inc. v. Irvin’s Auto Care, Inc. d/b/a Irvin’s Auto Care; Lionel Curry; and Qiana R. Curry
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $62,957.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/4/2022
CL22002818

Kramer, Fox & Associates, Inc. v. Insigma, Inc.
Plaintiff says defendant has failed to pay for work performed by the hour and seeks the principal sum of $19,200.
Attorneys: James A. Cooper of JC Law
Filed: 5/6/2022
CL22002870

Richmond Circuit Court

Sunshine Cline, Inc. d/b/a Rage RVA v. Art Rentals of VA, LLC
Plaintiff says defendant failed to make premises that plaintiff leased at 2403 W. Main St. available for occupancy and failed to “proportionately abate” the rent until the premises were available prior to terminating the lease, so has breached the lease. Plaintiff says it incurred deposit and construction expenses and was forced to find another location in which to operate, and seeks judgment of $146,130.92.
Attorneys: Reiner H. Smith
Filed: 5/5/2022
CL22001928

Alijah Gilliam-El v. Virginia-American Water Company; American Water Works Service Company, Inc.; American Water Works Company, Inc.; VA American Water, a subsidiary of American Water; and The City of Hopewell
Plaintiff says on/about May 11, 2020, defendants negligently failed to install and maintain a manhole cover, and as a result, he suffered severe injuries. Plaintiff asks judgment of $300,000.
Attorneys: C. James Williams III of Burnett & Williams
Filed: 5/9/2022
CL22002026

Roblyn L. Perkins v. First Care Home Health, Inc.
Plaintiff, an LPN, says she was terminated after sustaining an injury on the job and that defendant failed to accommodate her disability after the injury. Plaintiff claims damages of $500,000.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 5/11/2022
CL22002065

Burton Smith v. Kaiftyk Realty, Inc. d/b/a Gate Oaks Apartments
Plaintiff says he was injured on Aug. 19, 2020, when the ceiling of his living room at 2917 Chamberlayne Ave. collapsed on him, and seeks judgment of $750,000.
Attorneys: Theodore W. Briscoe III of Geoffrey R. McDonald & Associates
Filed: 5/11/2022
CL22002067

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