The Docket: Local court roundup for 6.23.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Done Right Insulation, Inc. d/b/a Done Right Insulation; and Douglas Simpson
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $52,708.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/9/2022
CL22001933

Kapitus Servicing, Inc. v. Affordable Auto & Fire Service, Inc. d/b/a Affordable Auto & Fire Service; and Luis Vargas
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $58,091.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/9/2022
CL22001934

Kapitus Servicing, Inc. v. Williams-Lombardo Funeral Home, Inc. d/b/a Williams- Lombardo Funeral Home; and Joseph Lombardo
Plaintiff says the Pennsylvania business is in default of two financial agreements and seeks judgment in the principal amount of $63,429.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/9/2022
CL22001936

Barbara Teiber v. The Laurels of Bon Air, LLC d/b/a The Laurels of Bon Air (Chesterfield Co); and Carl Bergman, M.D.
Plaintiff alleges that negligent care provided May 6-Oct. 21, 2020, including failure to provide Foley care, failure to draw labs as ordered and failure to provide respiratory and oral care, led to necrotizing fasciitis requiring emergency surgery, acute kidney injury and pulmonary emboli. Plaintiff seeks compensatory damages of $800,000, and punitive, $350,000.
Attorneys: Beth A. Norton of Norton Health Law
Filed: 6/10/2022
CL22001941

Thalia Johnson, as administrator of the estate of Almeata Howell v. Beaufont Health and Rehabilitation Center, LLC; Beaufont Care Center, LLC; Medical Facilities of America LIV (54) Limited Partnership d/b/a Beaufont Health and Rehabilitation; and LTC Holdings, Inc. f/k/a Medical Facilities of America, Inc. d/b/a Medical Facilities of America
Plaintiff alleges that defendants, beginning in January 2020, allowed sacral wounds to progress to such an extent that Howell developed sepsis, leading to her death on March 17, 2020. Plaintiff asks compensatory damages of $2 million.
Attorneys: William H. Barfield of McDonald Worley
Filed: 6/10/2022
CL22001942

Henrico Circuit Court

Kapitus Servicing, Inc. v. Roan Commercial Group, LLC d/b/a Roan Commercial Group; and Randal Brizendine
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $121,694.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/8/2022
CL22003531

Kapitus Servicing, Inc. v. Northwoods Pets LLC d/b/a Northwoods Pets; and Jennifer Marshall
Plaintiff says the Wisconsin business is in default of a loan agreement and seeks judgment in the principal amount of $131,128.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/8/2022
CL22003532

James Andrew Smith and Lydia Smith v. Sigora Solar, LLC
Plaintiffs say defendant made multiple false assurances and misrepresentation to induce them to use defendant company to install solar panels on their roof, and due to negligent installation, their roof began leaking and they discovered defendant had no plan to complete repairs, necessitating Lydia and their children to live elsewhere at their expense. Plaintiffs alleges fraud and negligence and seek damages of $1,180,340.
Attorneys: Robert F. Bozard III of Bozard Law
Filed: 6/9/2022
CL22003506

MHH Builders, Inc. v. Health Sleep, LLC
Plaintiff says defendant leased premises at 5225 Hickory Park Drive, Suite A, Glen Allen, beginning April 2017 for five years, with a monthly rate of $2,844 in 2017, rising to $3,201 in 2021, and defendant fell behind in payments starting May 2017 and continued with late or sporadic payments until stopping entirely from March 2020 to March 2022. Plaintiff sways defendant has vacated the premises and seeks judgment of no less than $87,499.13.
Attorneys: J. Buckley Warden IV and John P. O’Malley of ThompsonMcMullan
Filed: 6/9/2022
CL22003541

Brenda McRae Miller v. Reynolds Development LLC; Reynolds Holdings LLC; and Virginia Eye Institute, Inc.
Plaintiff says on June 11, 2020, as she sat on a bench in the lobby of Virginia Eye Institute at Reynolds Crossing, 6946 Forest Ave., the bench collapsed, and she immediately began experiencing pain in her right ankle and left knee. Plaintiff says she continues to incur medical expenses and is permanent disabled and seeks compensatory damages of $700,000.
Attorneys: T. Noel Brooks and Jess Baez of Brooks & Baez
Filed: 6/10/2022
CL22003553

Richmond Circuit Court

Tonya R. Brown v. Family Dollar Stores of Virginia, Inc. d/b/a Family #6093 and 4 additional Family Dollar entities
Plaintiff says on/about June 18, 2020, she slipped on a substance in the floor at 7307 Taw St., Chesterfield, incurring injuries, and seeks judgment of $350,000.
Attorneys: Andrew S. Herzog of Parcell, Webb & Baruch
Filed: 6/6/2022
CL22002372

Gregory B. Gray v. ADH Holdings LLC
Plaintiff says he owns property at 309 N. 21st St. and defendant owns property at 2109 E. Marshall St., which are separated by a city-owned alley in the rear, and during a renovation project defendant caused damage to his parcel, including constructing a retaining wall that drained onto his property. Plaintiff claims damages of $75,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 6/6/2022
CL22002378

Faythe C. Martin v. Dicks Sporting Goods, Inc.
Plaintiff claims damages of $74,000, and says on July 29, 2020, at 9930 Brook Road, Glen Allen, a rack full of clothes toppled over onto her, causing injuries.
Attorneys: Scott D. Stolte of Ayers & Stolte
Filed: 6/8/2022
CL22002383

Eloise S. German v. ATHC-Hospice, LLC; Glenburnie Operators, LLC t/a Glenburnie Nursing and Rehabilitation Center; Marylene Dorsey; Sabrie Napier; and Jennie Sluder
Plaintiff says her son, on/about Dec. 19, 2018, was admitted to the facility at 1901 Libbie Ave. as a terminally ill brain cancer patient, and she instructed defendants that he was not to have visitors unless authorized or approved by her, and that she was to be prompted notified of his death. Plaintiff says her son died on/about Dec. 31, 2018, and that she learned of his death when a relative living in New York City saw the information on social media and called her. Plaintiff alleges defendants allowed her son’s body to be released to an unauthorized person and an unauthorized funeral home and seeks judgment of $250,000, and punitive damages of $250,000.
Attorneys: David O. Prince
Filed: 6/6/2022
CL22002480

Kapitus Servicing, Inc. v. Essential Services, LLC d/b/a Essential Services; and Hans Peter Kogler
Plaintiff says the Seattle business is in default of a loan agreement and seeks judgment in the principal amount of $89,400.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2022
CL22002541

Kapitus Servicing, Inc. v. Cajon Audio, Inc. d/b/a Audio Shack; and Ahmad Mousa
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $66,104.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22002542

Robin Mann v. Quest Diagnostics Nichols Institute, Inc.
Plaintiff says defendant’s failure to timely and accurately diagnose the nature of her left breast cancer led to a delay in correct and effective treatments, allowing the cancer to metastasize and reducing her life expectancy. Plaintiff asks judgment of $4 million.
Attorneys: Brewster S. Rawls and Glen H. Sturtevant of Rawls Law Group
Filed: 6/7/2022
CL22002543

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Done Right Insulation, Inc. d/b/a Done Right Insulation; and Douglas Simpson
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $52,708.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/9/2022
CL22001933

Kapitus Servicing, Inc. v. Affordable Auto & Fire Service, Inc. d/b/a Affordable Auto & Fire Service; and Luis Vargas
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $58,091.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/9/2022
CL22001934

Kapitus Servicing, Inc. v. Williams-Lombardo Funeral Home, Inc. d/b/a Williams- Lombardo Funeral Home; and Joseph Lombardo
Plaintiff says the Pennsylvania business is in default of two financial agreements and seeks judgment in the principal amount of $63,429.50.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/9/2022
CL22001936

Barbara Teiber v. The Laurels of Bon Air, LLC d/b/a The Laurels of Bon Air (Chesterfield Co); and Carl Bergman, M.D.
Plaintiff alleges that negligent care provided May 6-Oct. 21, 2020, including failure to provide Foley care, failure to draw labs as ordered and failure to provide respiratory and oral care, led to necrotizing fasciitis requiring emergency surgery, acute kidney injury and pulmonary emboli. Plaintiff seeks compensatory damages of $800,000, and punitive, $350,000.
Attorneys: Beth A. Norton of Norton Health Law
Filed: 6/10/2022
CL22001941

Thalia Johnson, as administrator of the estate of Almeata Howell v. Beaufont Health and Rehabilitation Center, LLC; Beaufont Care Center, LLC; Medical Facilities of America LIV (54) Limited Partnership d/b/a Beaufont Health and Rehabilitation; and LTC Holdings, Inc. f/k/a Medical Facilities of America, Inc. d/b/a Medical Facilities of America
Plaintiff alleges that defendants, beginning in January 2020, allowed sacral wounds to progress to such an extent that Howell developed sepsis, leading to her death on March 17, 2020. Plaintiff asks compensatory damages of $2 million.
Attorneys: William H. Barfield of McDonald Worley
Filed: 6/10/2022
CL22001942

Henrico Circuit Court

Kapitus Servicing, Inc. v. Roan Commercial Group, LLC d/b/a Roan Commercial Group; and Randal Brizendine
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $121,694.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 6/8/2022
CL22003531

Kapitus Servicing, Inc. v. Northwoods Pets LLC d/b/a Northwoods Pets; and Jennifer Marshall
Plaintiff says the Wisconsin business is in default of a loan agreement and seeks judgment in the principal amount of $131,128.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/8/2022
CL22003532

James Andrew Smith and Lydia Smith v. Sigora Solar, LLC
Plaintiffs say defendant made multiple false assurances and misrepresentation to induce them to use defendant company to install solar panels on their roof, and due to negligent installation, their roof began leaking and they discovered defendant had no plan to complete repairs, necessitating Lydia and their children to live elsewhere at their expense. Plaintiffs alleges fraud and negligence and seek damages of $1,180,340.
Attorneys: Robert F. Bozard III of Bozard Law
Filed: 6/9/2022
CL22003506

MHH Builders, Inc. v. Health Sleep, LLC
Plaintiff says defendant leased premises at 5225 Hickory Park Drive, Suite A, Glen Allen, beginning April 2017 for five years, with a monthly rate of $2,844 in 2017, rising to $3,201 in 2021, and defendant fell behind in payments starting May 2017 and continued with late or sporadic payments until stopping entirely from March 2020 to March 2022. Plaintiff sways defendant has vacated the premises and seeks judgment of no less than $87,499.13.
Attorneys: J. Buckley Warden IV and John P. O’Malley of ThompsonMcMullan
Filed: 6/9/2022
CL22003541

Brenda McRae Miller v. Reynolds Development LLC; Reynolds Holdings LLC; and Virginia Eye Institute, Inc.
Plaintiff says on June 11, 2020, as she sat on a bench in the lobby of Virginia Eye Institute at Reynolds Crossing, 6946 Forest Ave., the bench collapsed, and she immediately began experiencing pain in her right ankle and left knee. Plaintiff says she continues to incur medical expenses and is permanent disabled and seeks compensatory damages of $700,000.
Attorneys: T. Noel Brooks and Jess Baez of Brooks & Baez
Filed: 6/10/2022
CL22003553

Richmond Circuit Court

Tonya R. Brown v. Family Dollar Stores of Virginia, Inc. d/b/a Family #6093 and 4 additional Family Dollar entities
Plaintiff says on/about June 18, 2020, she slipped on a substance in the floor at 7307 Taw St., Chesterfield, incurring injuries, and seeks judgment of $350,000.
Attorneys: Andrew S. Herzog of Parcell, Webb & Baruch
Filed: 6/6/2022
CL22002372

Gregory B. Gray v. ADH Holdings LLC
Plaintiff says he owns property at 309 N. 21st St. and defendant owns property at 2109 E. Marshall St., which are separated by a city-owned alley in the rear, and during a renovation project defendant caused damage to his parcel, including constructing a retaining wall that drained onto his property. Plaintiff claims damages of $75,000.
Attorneys: Robert J. Allen of ThorsenAllen
Filed: 6/6/2022
CL22002378

Faythe C. Martin v. Dicks Sporting Goods, Inc.
Plaintiff claims damages of $74,000, and says on July 29, 2020, at 9930 Brook Road, Glen Allen, a rack full of clothes toppled over onto her, causing injuries.
Attorneys: Scott D. Stolte of Ayers & Stolte
Filed: 6/8/2022
CL22002383

Eloise S. German v. ATHC-Hospice, LLC; Glenburnie Operators, LLC t/a Glenburnie Nursing and Rehabilitation Center; Marylene Dorsey; Sabrie Napier; and Jennie Sluder
Plaintiff says her son, on/about Dec. 19, 2018, was admitted to the facility at 1901 Libbie Ave. as a terminally ill brain cancer patient, and she instructed defendants that he was not to have visitors unless authorized or approved by her, and that she was to be prompted notified of his death. Plaintiff says her son died on/about Dec. 31, 2018, and that she learned of his death when a relative living in New York City saw the information on social media and called her. Plaintiff alleges defendants allowed her son’s body to be released to an unauthorized person and an unauthorized funeral home and seeks judgment of $250,000, and punitive damages of $250,000.
Attorneys: David O. Prince
Filed: 6/6/2022
CL22002480

Kapitus Servicing, Inc. v. Essential Services, LLC d/b/a Essential Services; and Hans Peter Kogler
Plaintiff says the Seattle business is in default of a loan agreement and seeks judgment in the principal amount of $89,400.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/6/2022
CL22002541

Kapitus Servicing, Inc. v. Cajon Audio, Inc. d/b/a Audio Shack; and Ahmad Mousa
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $66,104.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 6/7/2022
CL22002542

Robin Mann v. Quest Diagnostics Nichols Institute, Inc.
Plaintiff says defendant’s failure to timely and accurately diagnose the nature of her left breast cancer led to a delay in correct and effective treatments, allowing the cancer to metastasize and reducing her life expectancy. Plaintiff asks judgment of $4 million.
Attorneys: Brewster S. Rawls and Glen H. Sturtevant of Rawls Law Group
Filed: 6/7/2022
CL22002543

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