The Docket: Local court roundup for 6.9.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. The Kilpatrick Company, LTD d/b/a Kilpatrick Company LTD; and Philip Kilpatrick
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $103,025.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001783

Kapitus Servicing, Inc. v. Vinroe Builders & Commercial Maintenance, LLC d/b/a Vinroe Builders & Commercial Maintenance; and Dennis Vinroe Jr.
Plaintiff says the Utah business is in default of a loan agreement and seeks judgment in the principal amount of $60,550.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001784

Kapitus Servicing, Inc. v. Ultimate Low Voltage, Inc. d/b/a Ultimate Low Voltage; and Jon Fenton
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $49,042.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/26/2022
CL22001785

Kapitus Servicing, Inc. v. Rico Cox d/b/a Cox & Cox Construction
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $41,171.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001786

Kapitus Servicing, Inc. v. Wet Look Painting, LLC d/b/a Wet Look Painting; and Milagros Reyestavarezdeval
Plaintiff says the New Jersey business is in default of a forward purchase agreement and seeks judgment in the principal amount of $45,931.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001787

Henrico Circuit Court

Kapitus Servicing, Inc. v. Perfect Roofing & Services, LLC d/b/a Perfect Roofing & Services; and Billie Turner
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $71,783.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003221

Kapitus Servicing, Inc. v. TK Electric, LLC d/b/a TK Electric; and Thomas Kyles Reaves
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $133,427.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003223

Kapitus Servicing, Inc. v. Pop-A-Top Bottle Shop, LLC d/b/a Pop-A-Top Bottle Shop; and Tiffany Reid
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $97,625.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003224

The McGurn Company, Inc. v. JL Builders, LC
Plaintiff says defendant, as general contractor for development of a retail building on plaintiff’s property at 10221 Washington Highway, Glen Allen, failed to complete the work in the required time and failed to pay its subcontractors, resulting in a mechanic’s lien being recorded, preventing plaintiff from timely leasing the property. Plaintiff claims damages of $85,657.50.
Attorneys: Kevin J. Funk of Durrette, Arkema, Gerson & Gill
Filed: 6/1/2022
CL22003355

Patty Ruth Fowlkes v. Bon Secours St Mary’s Hospital of Richmond, LLC; Jennifer R. Roberts, R.N.; Betty P. Mai, R.N.; Morgan S. Dickinson, FNP-C; Jeffrey M. Leary, M.D.; and Richmond Emergency Physicians, Inc.
Plaintiff, who had impaired mental status, says on June 15, 2020, in the emergency department, she was evaluated for possible stroke or seizure and given Ativan, which caused further drowsiness, dizziness and loss of coordination, and left alone in the room, and as a result, fell and violently hit her head on the floor. Plaintiff says she suffered a subdural hematoma and since her fall and head injury, her condition has significantly deteriorated. Plaintiff asks judgment of $3 million.
Attorneys: J. Gregory Webb and Heather E. Zaug of MichieHamlett
Filed: 6/3/2022
CL22003412

Richmond Circuit Court

Michael R. Agnew and Barbara M. Agnew v. Paul F. Enzinna, Esquire and Ellerman Enzinna, PLLC n/d/b/a Ellerman Enzinna Levy, PLLC
Plaintiffs say defendants failed to represent them competently in connection with a petition to the United States Supreme Court for certiorari review of the Fourth Circuit’s Feb. 22, 2017, decision in Agnew v. United Leasing Corporation, and seek compensatory damages of $2 million.
Attorneys: Steven S. Biss
Filed: 5/26/2022
CL22002273

FIMCO, Inc. d/b/a AG Spray Equipment v. Agway Farm & Home Supply, LLC
Plaintiff says defendant has failed to pay for products supplied and seeks judgment of $194,322.54.
Attorneys: J. Buckley Warden IV and John P. O’Malley of ThompsonMcMullan
Filed: 5/26/2022
CL22002275

David Moulton v. The Kroger Co. d/b/a Kroger Store #502; and Kroger Limited Partnership I
Plaintiff says on/about June 5, 2020, he slipped and fell on a clear substance in the customer service area at 4816 S. Laburnum Ave., sustaining back injuries, and seeks judgment of $74,500.
Attorneys: John A. Merrick of Merrick Brock
Filed: 5/25/2022
CL22002300

Vladimir Sidorov v. Michael S. Donnenberg, MD; Jonathan Pan, MD; and The Commonwealth of Virginia
Plaintiff, a tenured professor at VCU, says he presented June 11, 2020, at the VCU Medical Center emergency department with fever, chills, headache and left-sided abdominal pain, and stated a concern for malaria in the context of his travels, and due to negligent care at that time and subsequently, ultimately developed neurological injuries causally related to prolonged severe infection. Plaintiff seeks judgment of $3 million.
Attorneys: John A. Merrick and Lester C. Brock of Merrick Brock
Filed: 5/25/2022
CL22002301

Jane J.M. Doe and Jane C.D. Doe v. The Richmond Ballet d/b/a Richmond Ballet; Stoner Winslett; Judy Jacob; Malcolm Burn; Jerri Kumery; Igor Antonov; and Cecile Tuzii
Plaintiffs allege that as former students and/or trainees of the Ballet, they were victims of physical and/or psychological abuse and/or exploitation that was known, permitted and condoned by defendants, and that defendants permitted and encouraged development of a culture that rewarded starvation, overtraining and exploitation of the health and safety of minor students and trainees in their care, and plaintiff C.D., a minor when she studied 2013 to 2017, alleges assault against Antonov. Plaintiffs seek compensatory damages of $10 million each, and punitive, $350,000.
Attorneys: Jason M. Hart, Melissa Fry Hague and Michael R. Manara of The Joel Bieber Firm
Filed: 5/26/2022
CL22002310

Kapitus Servicing, Inc. v. Tubac Market L.L.C. d/b/a Tubac Market/De Anza Gourmet Market; and Harold Busboom
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $86,222.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002323

Kapitus Servicing, Inc. v. Hayes Custom Carpentry, LLC d/b/a Hayes Custom Carpentry; and Nicholas Hayes
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $66,406.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002325

Kapitus Servicing, Inc. v. SNC Enterprises, Inc. d/b/a Regency Restoration Group & Finishing; and Leidy Carrazana
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $68,589.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002327

Kapitus Servicing, Inc. v. Guaranteed Home Services, LLC d/b/a Guaranteed Home Services; and Victor Smith
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $62,969.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002329

Estes Express Lines v. Deer Valley Woodworks, LLC
Plaintiff says the Indiana company tendered 40 shipments of goods between July and December 2021 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $93,002.91.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/27/2022
CL22002344

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. The Kilpatrick Company, LTD d/b/a Kilpatrick Company LTD; and Philip Kilpatrick
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $103,025.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001783

Kapitus Servicing, Inc. v. Vinroe Builders & Commercial Maintenance, LLC d/b/a Vinroe Builders & Commercial Maintenance; and Dennis Vinroe Jr.
Plaintiff says the Utah business is in default of a loan agreement and seeks judgment in the principal amount of $60,550.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001784

Kapitus Servicing, Inc. v. Ultimate Low Voltage, Inc. d/b/a Ultimate Low Voltage; and Jon Fenton
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $49,042.50.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 5/26/2022
CL22001785

Kapitus Servicing, Inc. v. Rico Cox d/b/a Cox & Cox Construction
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $41,171.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001786

Kapitus Servicing, Inc. v. Wet Look Painting, LLC d/b/a Wet Look Painting; and Milagros Reyestavarezdeval
Plaintiff says the New Jersey business is in default of a forward purchase agreement and seeks judgment in the principal amount of $45,931.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/26/2022
CL22001787

Henrico Circuit Court

Kapitus Servicing, Inc. v. Perfect Roofing & Services, LLC d/b/a Perfect Roofing & Services; and Billie Turner
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $71,783.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003221

Kapitus Servicing, Inc. v. TK Electric, LLC d/b/a TK Electric; and Thomas Kyles Reaves
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $133,427.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003223

Kapitus Servicing, Inc. v. Pop-A-Top Bottle Shop, LLC d/b/a Pop-A-Top Bottle Shop; and Tiffany Reid
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $97,625.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/23/2022
CL22003224

The McGurn Company, Inc. v. JL Builders, LC
Plaintiff says defendant, as general contractor for development of a retail building on plaintiff’s property at 10221 Washington Highway, Glen Allen, failed to complete the work in the required time and failed to pay its subcontractors, resulting in a mechanic’s lien being recorded, preventing plaintiff from timely leasing the property. Plaintiff claims damages of $85,657.50.
Attorneys: Kevin J. Funk of Durrette, Arkema, Gerson & Gill
Filed: 6/1/2022
CL22003355

Patty Ruth Fowlkes v. Bon Secours St Mary’s Hospital of Richmond, LLC; Jennifer R. Roberts, R.N.; Betty P. Mai, R.N.; Morgan S. Dickinson, FNP-C; Jeffrey M. Leary, M.D.; and Richmond Emergency Physicians, Inc.
Plaintiff, who had impaired mental status, says on June 15, 2020, in the emergency department, she was evaluated for possible stroke or seizure and given Ativan, which caused further drowsiness, dizziness and loss of coordination, and left alone in the room, and as a result, fell and violently hit her head on the floor. Plaintiff says she suffered a subdural hematoma and since her fall and head injury, her condition has significantly deteriorated. Plaintiff asks judgment of $3 million.
Attorneys: J. Gregory Webb and Heather E. Zaug of MichieHamlett
Filed: 6/3/2022
CL22003412

Richmond Circuit Court

Michael R. Agnew and Barbara M. Agnew v. Paul F. Enzinna, Esquire and Ellerman Enzinna, PLLC n/d/b/a Ellerman Enzinna Levy, PLLC
Plaintiffs say defendants failed to represent them competently in connection with a petition to the United States Supreme Court for certiorari review of the Fourth Circuit’s Feb. 22, 2017, decision in Agnew v. United Leasing Corporation, and seek compensatory damages of $2 million.
Attorneys: Steven S. Biss
Filed: 5/26/2022
CL22002273

FIMCO, Inc. d/b/a AG Spray Equipment v. Agway Farm & Home Supply, LLC
Plaintiff says defendant has failed to pay for products supplied and seeks judgment of $194,322.54.
Attorneys: J. Buckley Warden IV and John P. O’Malley of ThompsonMcMullan
Filed: 5/26/2022
CL22002275

David Moulton v. The Kroger Co. d/b/a Kroger Store #502; and Kroger Limited Partnership I
Plaintiff says on/about June 5, 2020, he slipped and fell on a clear substance in the customer service area at 4816 S. Laburnum Ave., sustaining back injuries, and seeks judgment of $74,500.
Attorneys: John A. Merrick of Merrick Brock
Filed: 5/25/2022
CL22002300

Vladimir Sidorov v. Michael S. Donnenberg, MD; Jonathan Pan, MD; and The Commonwealth of Virginia
Plaintiff, a tenured professor at VCU, says he presented June 11, 2020, at the VCU Medical Center emergency department with fever, chills, headache and left-sided abdominal pain, and stated a concern for malaria in the context of his travels, and due to negligent care at that time and subsequently, ultimately developed neurological injuries causally related to prolonged severe infection. Plaintiff seeks judgment of $3 million.
Attorneys: John A. Merrick and Lester C. Brock of Merrick Brock
Filed: 5/25/2022
CL22002301

Jane J.M. Doe and Jane C.D. Doe v. The Richmond Ballet d/b/a Richmond Ballet; Stoner Winslett; Judy Jacob; Malcolm Burn; Jerri Kumery; Igor Antonov; and Cecile Tuzii
Plaintiffs allege that as former students and/or trainees of the Ballet, they were victims of physical and/or psychological abuse and/or exploitation that was known, permitted and condoned by defendants, and that defendants permitted and encouraged development of a culture that rewarded starvation, overtraining and exploitation of the health and safety of minor students and trainees in their care, and plaintiff C.D., a minor when she studied 2013 to 2017, alleges assault against Antonov. Plaintiffs seek compensatory damages of $10 million each, and punitive, $350,000.
Attorneys: Jason M. Hart, Melissa Fry Hague and Michael R. Manara of The Joel Bieber Firm
Filed: 5/26/2022
CL22002310

Kapitus Servicing, Inc. v. Tubac Market L.L.C. d/b/a Tubac Market/De Anza Gourmet Market; and Harold Busboom
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $86,222.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002323

Kapitus Servicing, Inc. v. Hayes Custom Carpentry, LLC d/b/a Hayes Custom Carpentry; and Nicholas Hayes
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $66,406.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002325

Kapitus Servicing, Inc. v. SNC Enterprises, Inc. d/b/a Regency Restoration Group & Finishing; and Leidy Carrazana
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $68,589.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002327

Kapitus Servicing, Inc. v. Guaranteed Home Services, LLC d/b/a Guaranteed Home Services; and Victor Smith
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $62,969.25.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 5/25/2022
CL22002329

Estes Express Lines v. Deer Valley Woodworks, LLC
Plaintiff says the Indiana company tendered 40 shipments of goods between July and December 2021 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $93,002.91.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 5/27/2022
CL22002344

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