The Docket: Local court roundup for 6.16.22

Chesterfield Circuit Court

Comoria Crews v. Christopher Johnson, M.D.; Bon Secours – St. Francis Medical Center, LLC; and Richmond Emergency Physicians
Plaintiff says Johnson penetrated her vagina instead of her rectum for a rectal exam, despite her saying several times he was in her vagina, which caused bleeding and emotional distress. Plaintiff seeks judgment of $3.4 million.
Attorneys: Stephen V. Sommers of Sommers Ulloa
Filed: 5/31/2022
CL22001819

American Builders & Contractors Supply Co., Inc. v. American Family Professional Remodeling, LLC f/k/a Proper Contracting, LLC
Plaintiff says it provided goods on credit and is owed $37,594.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 6/3/2022
CL22001856

Tamita P. Davis v. Bon-Secours-St. Francis Medical Center, Inc.
Plaintiff says on/about Jan. 16, 2019, she slipped on black ice in the parking lot, sustaining injuries, and seeks judgment of $350,000.
Attorneys: W. Barry Montgomery of KPM Law
Filed: 6/6/2022
CL22001873

Kapitus Servicing, Inc. v. Intermezzo Pediatric Surgery, LLC d/b/a Intermezzo Pediatric Surgery; and Perry Stafford
Plaintiff says the Kansas business is in default of a loan agreement and seeks judgment in the principal amount of $73,275.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22001901

Kapitus Servicing, Inc. v. U.K. Nails, Spa and Bar, LLC d/b/a Essie Nails & Spa Yukon; and Cody Vu
Plaintiff says the Oklahoma business is in default of a forward purchase agreement and seeks judgment in the principal amount of $70,823.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22001902

Kapitus Servicing, Inc. v. L & M Indoor Comfort, LLC d/b/a Americool; and Everett Overfield
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $103,645.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/7/2022
CL22001905

Chad E. Strayer, derivatively and on behalf of Capital Construction Group, Inc. v. Matthew Buikema; Erin Buikema; and Capital Home Veterinary Care, LLC
Plaintiff says he and Matthew equally co-own CCGI, a successful general contracting company in the metro area, and as officer, director and employee of CCGI, Matthew utilized his position to convert and embezzle millions of dollars for the benefit of himself, his family and Erin’s vet practice, and took deliberate actions to conceal the systematic theft by limiting plaintiff full access to company financials, including directing an outside accountant to withhold information from plaintiff. Plaintiff says the converted money funded Matthew’s extravagant lifestyle, including construction costs for multiple vacation homes, lavish family vacations at The Greenbrier, romantic dinners at L’Auberge Chez Francois, and shopping sprees at Tory Burch, for example, and direct payment expenses for Veterinary Care. Plaintiff alleges conspiracy and fraud and seeks compensatory damages of no less than $2,293,739.01, and punitive, $350,000.
Attorneys: Thomas J. Dillon III, Franklin R. Cragle III and Alexander P.M. Boyd of Hirschler Fleischer
Filed: 6/8/2022
CL22001909

Henrico Circuit Court

Ohio Security Insurance Company a/s/o Faith Investors, Inc. v. Clifford Northern Jr. and Superior Plus Energy Services, Inc. d/b/a Virginia Propane
Plaintiff says that on/about Dec. 3, 2020, defendants responded to a call about the smell of gas in insured’s property, Crossroad 30/301 restaurant in Doswell. Plaintiff says defendants caused an explosion that damaged real and personal property and interrupted business services, and seeks compensatory damages of $179,191.87.
Attorneys: Matthew J. Costa
Filed: 6/3/2022
CL22003415

Anne-Jeanette LeBell v. Capital One Financial Corporation
Plaintiff alleges workplace discrimination and retaliation based on sex, race and national origin, and wrongful termination and violation of the Americans with Disabilities Act, and seeks compensatory damages of $300,000.
Attorneys: Hope R. Amezquita and Barbara A. Queen of LawrenceQueen
Filed: 6/6/2022
CL22003438

Stephen E. Lipscomb; Henry J. Orr; and VGM of Virginia LLC v. Roopa M. Desai; Rupeshkumar I. Shah; Mihir C. Desai; and Sawan Shah
Plaintiffs allege that defendants, who were shareholder members with them in VGM, contributed gaming cabinets and gaming boards to VGM, which were placed in about 110 convenience stores in Virginia to house games of skill, and allege that on/about Dec. 1, 2020, began collecting funds from the routes and keep the funds themselves without depositing the cash into the account of VGM, in violation of the operating agreement. Plaintiffs allege that defendants misappropriated at least $915,734.59 for their personal use, and say they are owed 60% of that sum, and seeks temporary and permanent injunctive relief and to disassociate Roopa and Rupesh from the firm.
Attorneys: Samuel J. Kaufman of Owen & Owens
Filed: 6/8/2022
CL22003502

Kapitus Servicing, Inc. v. Pinnacle Public Adjusters, Inc. d/b/a Pinnacle Public Adjusters; Scott Coleman; and Kevin Johnston
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $204,360.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/8/2022
CL22003528

Kapitus Servicing, Inc. v. Advanced Biomedical Research of America d/b/a Advanced Biomedical Research of America; and Joan Adrian Bratu
Plaintiff says the Las Vegas business is in default of two financial agreements and seeks judgment in the principal amount of $144,165.50.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 6/8/2022
CL22003529

Richmond Circuit Court

Leon B. Bowery v. 3M Company; Advance Auto Parts, Inc.; Auto Craft Investments, Inc; Autozone, Inc.; and 13 related defendants
Plaintiff says he performed maintenance and repairs to cars and trucks he owned from the 1950s until the present, and was exposed to asbestos dust, fibers and/or particles without controls, warnings or protection through at least 1990, and as a result, on/about May 25, 2021, was diagnosed with malignant mesothelioma from exposure. Plaintiff alleges negligence and seeks compensatory damages of $20 million, and punitive, $350,000.
Attorneys: Michael G. Phelan of Phelan Petty; and Jonathan A. George and Aaron D. Chapman of Dean Omar Branham Shirley
Filed: 5/31/2022
CL22002346

Sharron C. Layne v. Commonwealth Oral & Facial Surgery, P.C. and Richardson-Overstreet-Glazier & White, Ltd.
Plaintiff says her left mandible was injured during a tooth extraction at Richardson-Overstreet, and during surgery to correct the injury with Commonwealth Oral, further injury was caused, including to the left facial nerve, necessitating further treatment and surgery. Plaintiff seeks judgment of $3 million.
Attorneys: Michael J. Shevlin of Shevlin Smith
Filed: 6/2/2022
CL22002360

Erie Insurance Exchange a/s/o Hancock’s Service Center v. U.S. Xpress, Inc.
Plaintiff says on/about July 3, 2019, defendant’s driver operating a 2010 Freightliner in a negligent manner, struck and damaged insured’s property at 5610 Hopkins Road, impairing the business. Plaintiff seeks damages of $133,343.
Attorneys: Mark C. Nanavati and G. Christopher Jones Jr. of Sinnott, Nuckols & Logan
Filed: 6/3/2022
CL22002370

Lisa Smith v. Virginia Physicians for Women, Ltd. and Mary L. Coble, M.D.
Plaintiff says as a result of defendants’ negligence and malpractice, her fetus, at 38 weeks gestational age, died during delivery due to massive acute placental abruption. Plaintiff claims damages of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 6/3/2022
CL22002371

Douglas Reardon v. Rommell Waller; FedEx; FedEx Corp., FedEx Corporation Services, Inc. FedEx Ground; FedEx Ground Package System, Inc.; Canam Transport, Inc.; John Doe; and John Doe Co.
Plaintiff says on/about June 13, 2020, he was a pedestrian on a private driveway in Dillwyn, when Waller or Doe struck him with his delivery vehicle, causing serious injuries for which he seeks damages of $450,000.
Filed: 6/10/2022
CL22002393

Chesterfield Circuit Court

Comoria Crews v. Christopher Johnson, M.D.; Bon Secours – St. Francis Medical Center, LLC; and Richmond Emergency Physicians
Plaintiff says Johnson penetrated her vagina instead of her rectum for a rectal exam, despite her saying several times he was in her vagina, which caused bleeding and emotional distress. Plaintiff seeks judgment of $3.4 million.
Attorneys: Stephen V. Sommers of Sommers Ulloa
Filed: 5/31/2022
CL22001819

American Builders & Contractors Supply Co., Inc. v. American Family Professional Remodeling, LLC f/k/a Proper Contracting, LLC
Plaintiff says it provided goods on credit and is owed $37,594.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 6/3/2022
CL22001856

Tamita P. Davis v. Bon-Secours-St. Francis Medical Center, Inc.
Plaintiff says on/about Jan. 16, 2019, she slipped on black ice in the parking lot, sustaining injuries, and seeks judgment of $350,000.
Attorneys: W. Barry Montgomery of KPM Law
Filed: 6/6/2022
CL22001873

Kapitus Servicing, Inc. v. Intermezzo Pediatric Surgery, LLC d/b/a Intermezzo Pediatric Surgery; and Perry Stafford
Plaintiff says the Kansas business is in default of a loan agreement and seeks judgment in the principal amount of $73,275.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22001901

Kapitus Servicing, Inc. v. U.K. Nails, Spa and Bar, LLC d/b/a Essie Nails & Spa Yukon; and Cody Vu
Plaintiff says the Oklahoma business is in default of a forward purchase agreement and seeks judgment in the principal amount of $70,823.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22001902

Kapitus Servicing, Inc. v. L & M Indoor Comfort, LLC d/b/a Americool; and Everett Overfield
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $103,645.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/7/2022
CL22001905

Chad E. Strayer, derivatively and on behalf of Capital Construction Group, Inc. v. Matthew Buikema; Erin Buikema; and Capital Home Veterinary Care, LLC
Plaintiff says he and Matthew equally co-own CCGI, a successful general contracting company in the metro area, and as officer, director and employee of CCGI, Matthew utilized his position to convert and embezzle millions of dollars for the benefit of himself, his family and Erin’s vet practice, and took deliberate actions to conceal the systematic theft by limiting plaintiff full access to company financials, including directing an outside accountant to withhold information from plaintiff. Plaintiff says the converted money funded Matthew’s extravagant lifestyle, including construction costs for multiple vacation homes, lavish family vacations at The Greenbrier, romantic dinners at L’Auberge Chez Francois, and shopping sprees at Tory Burch, for example, and direct payment expenses for Veterinary Care. Plaintiff alleges conspiracy and fraud and seeks compensatory damages of no less than $2,293,739.01, and punitive, $350,000.
Attorneys: Thomas J. Dillon III, Franklin R. Cragle III and Alexander P.M. Boyd of Hirschler Fleischer
Filed: 6/8/2022
CL22001909

Henrico Circuit Court

Ohio Security Insurance Company a/s/o Faith Investors, Inc. v. Clifford Northern Jr. and Superior Plus Energy Services, Inc. d/b/a Virginia Propane
Plaintiff says that on/about Dec. 3, 2020, defendants responded to a call about the smell of gas in insured’s property, Crossroad 30/301 restaurant in Doswell. Plaintiff says defendants caused an explosion that damaged real and personal property and interrupted business services, and seeks compensatory damages of $179,191.87.
Attorneys: Matthew J. Costa
Filed: 6/3/2022
CL22003415

Anne-Jeanette LeBell v. Capital One Financial Corporation
Plaintiff alleges workplace discrimination and retaliation based on sex, race and national origin, and wrongful termination and violation of the Americans with Disabilities Act, and seeks compensatory damages of $300,000.
Attorneys: Hope R. Amezquita and Barbara A. Queen of LawrenceQueen
Filed: 6/6/2022
CL22003438

Stephen E. Lipscomb; Henry J. Orr; and VGM of Virginia LLC v. Roopa M. Desai; Rupeshkumar I. Shah; Mihir C. Desai; and Sawan Shah
Plaintiffs allege that defendants, who were shareholder members with them in VGM, contributed gaming cabinets and gaming boards to VGM, which were placed in about 110 convenience stores in Virginia to house games of skill, and allege that on/about Dec. 1, 2020, began collecting funds from the routes and keep the funds themselves without depositing the cash into the account of VGM, in violation of the operating agreement. Plaintiffs allege that defendants misappropriated at least $915,734.59 for their personal use, and say they are owed 60% of that sum, and seeks temporary and permanent injunctive relief and to disassociate Roopa and Rupesh from the firm.
Attorneys: Samuel J. Kaufman of Owen & Owens
Filed: 6/8/2022
CL22003502

Kapitus Servicing, Inc. v. Pinnacle Public Adjusters, Inc. d/b/a Pinnacle Public Adjusters; Scott Coleman; and Kevin Johnston
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $204,360.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 6/8/2022
CL22003528

Kapitus Servicing, Inc. v. Advanced Biomedical Research of America d/b/a Advanced Biomedical Research of America; and Joan Adrian Bratu
Plaintiff says the Las Vegas business is in default of two financial agreements and seeks judgment in the principal amount of $144,165.50.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 6/8/2022
CL22003529

Richmond Circuit Court

Leon B. Bowery v. 3M Company; Advance Auto Parts, Inc.; Auto Craft Investments, Inc; Autozone, Inc.; and 13 related defendants
Plaintiff says he performed maintenance and repairs to cars and trucks he owned from the 1950s until the present, and was exposed to asbestos dust, fibers and/or particles without controls, warnings or protection through at least 1990, and as a result, on/about May 25, 2021, was diagnosed with malignant mesothelioma from exposure. Plaintiff alleges negligence and seeks compensatory damages of $20 million, and punitive, $350,000.
Attorneys: Michael G. Phelan of Phelan Petty; and Jonathan A. George and Aaron D. Chapman of Dean Omar Branham Shirley
Filed: 5/31/2022
CL22002346

Sharron C. Layne v. Commonwealth Oral & Facial Surgery, P.C. and Richardson-Overstreet-Glazier & White, Ltd.
Plaintiff says her left mandible was injured during a tooth extraction at Richardson-Overstreet, and during surgery to correct the injury with Commonwealth Oral, further injury was caused, including to the left facial nerve, necessitating further treatment and surgery. Plaintiff seeks judgment of $3 million.
Attorneys: Michael J. Shevlin of Shevlin Smith
Filed: 6/2/2022
CL22002360

Erie Insurance Exchange a/s/o Hancock’s Service Center v. U.S. Xpress, Inc.
Plaintiff says on/about July 3, 2019, defendant’s driver operating a 2010 Freightliner in a negligent manner, struck and damaged insured’s property at 5610 Hopkins Road, impairing the business. Plaintiff seeks damages of $133,343.
Attorneys: Mark C. Nanavati and G. Christopher Jones Jr. of Sinnott, Nuckols & Logan
Filed: 6/3/2022
CL22002370

Lisa Smith v. Virginia Physicians for Women, Ltd. and Mary L. Coble, M.D.
Plaintiff says as a result of defendants’ negligence and malpractice, her fetus, at 38 weeks gestational age, died during delivery due to massive acute placental abruption. Plaintiff claims damages of $3 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 6/3/2022
CL22002371

Douglas Reardon v. Rommell Waller; FedEx; FedEx Corp., FedEx Corporation Services, Inc. FedEx Ground; FedEx Ground Package System, Inc.; Canam Transport, Inc.; John Doe; and John Doe Co.
Plaintiff says on/about June 13, 2020, he was a pedestrian on a private driveway in Dillwyn, when Waller or Doe struck him with his delivery vehicle, causing serious injuries for which he seeks damages of $450,000.
Filed: 6/10/2022
CL22002393

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