Chesterfield Circuit Court
Jane Doe v. Virginia Department of Corrections; TyKesha Fowlkes Tucker in her official and individual capacity; and Nkemdkilim Okoli, in his official and individual capacity
Plaintiff says she was sexually assaulted and harassed by Okoli, a correctional officer, and that Tucker, former superintendent of Central Virginia Correctional Unit #13, and VDOC acted with negligence in hiring him and in maintaining a facility that failed to protect her and other inmates from predatory and assaultive behavior of correctional officers, including defendant, and upon information and belief, prior incidents of sexual abuse had been reported and VCOC took no measures. Plaintiff seeks judgment of $750,000, and punitive, $350,000.
Attorneys: Miriam Airington-Fisher, Jennifer Quezada and Bianca White of Airington
Filed: 8/16/2022
CL22002784
Kapitus Servicing, Inc. v. Green Valley Distributors, Inc. d/b/a Green Valley Distributors; and David M. Bias
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $133,325.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002791
Kapitus Servicing, Inc. v. 48 States Transport, LLC d/b/a 48 States Transport; and Syed Bukhari
Plaintiff says the Orlando business is in default of a forward purchase agreement and seeks judgment in the principal amount of $91,807.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002792
Kapitus Servicing, Inc. v. Adams Construction, LLC d/b/a Adams Construction; and Larry Adams
Plaintiff says the Maryland business is in default of a forward purchase agreement and seeks judgment in the principal amount of $159,929.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002793
David Rice, as administrator of the estate of Albert Rice, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; Laurel Health Care Company t/a The Laurels of University Park; and Laurel Health Care Holdings Inc. t/a The Laurels of University Park
Plaintiff says defendants allowed decedent to fall several times while in their care after being admitted for rehab on Aug. 14, 2020, the last fracturing his right hip on Sept. 28, and allowed him to experience an unplanned weight loss of 16.5 pounds in six weeks, and he died on Oct. 5, one week after the fall. Plaintiff alleges negligence and seeks judgment of $4 million.
Attorneys: Robert W. Carter Jr., Mary Estfanous and Kristen T. Wiecking
Filed: 8/11/2022
CL22004992
Steven Wesley Croghan and Restoration Health, LLC v. Legacy Care, LLC
Plaintiff says he was hired on/about July 10, 2019, as a hospitalist/nurse practitioner to provide medical services at Rehabilitation Hospital of Bristol, that in July 2021 he informed his supervisor, John Paul Jones, regional director of Legacy, about participation into an investigation into Dr. James Shauberger’s alleged engagement in Medicare and Medicaid fraud. Shauberger was former medical director of Encompass Health Corp., which worked with Legacy to provide medical services at RHB, plaintiff says, and he discovered in December he could not access any patient files. Plaintiff says defendant pressured Team Health, which was to take over Legacy’s contract, that Legacy would not allow him to work for Team Health or release him from his contract’s non-compete provisions. Plaintiff alleges breach of contract, tortious interference with business expectancy and retaliation and seeks judgment of $5 million.
Attorneys: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 8/15/2022
CL22005062
Wendy D. Swiney, LLC v. Legacy Care, LLC
Plaintiff says it contracted with Legacy on/about July 10, 2019, to provide hospitalist/nurse practitioner medical services at Rehabilitation Hospital of Bristol, through sole member Wendy Swiney, and Swiney performed duties with expertise. Plaintiff says the contract would automatically renew for an additional one-year term unless either party provided at least 90 days written notice and provided that Swiney would be placed in at least one Legacy owned or managed facility during the term of the contract. Plaintiff says in early December 2021, RHB’s CEO contacted her to say a new entity, Team Health, Inc., would be taking over Legacy’s contract on/about Dec. 12, 2021, and John Paul Jones, her supervisor at Legacy, said she would be losing her job but that he would “keep her posted.” Plaintiff says Legacy’s president told Swiney that her assignment was ending, but she would not be released from the contract’s non-compete provision, preventing Swiney from entering a contract with Team Health to continue providing medical services at RHB. Plaintiff alleges breach of contract and seeks judgment of $1 million.
Attorneys: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 8/15/2022
CL22005064
Kapitus Servicing, Inc. v. TPG The Pinnacle Group, Inc. d/b/a TPG The Pinnacle Group; and Anthony Bradshaw
Plaintiff says the Henrico business is in default of a loan agreement and seeks judgment in the principal amount of $125,709.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22005102
Kapitus Servicing, Inc. v. Advantage Development Group, LLC d/b/a Advantage Development Group; and Tomislav Pavic
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $150,025.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/17/2022
CL22005133
Richmond Circuit Court
Chynna Robinson v. Urgent Specialty Associates, LLC d/b/a Northstar Trauma Surgery; Stanley Kurek, D.O.; Dustin Donley, M.D.; Chippenham & Johnston-Willis Hospitals, Inc. d/b/a Chippenham Hospital
Plaintiff says defendants performed surgery after she was shot in the chest on/about Aug. 29, 2020, and during the surgery, surgical gauze pads were left in her chest, and despite multiple X-rays being taken Aug. 29-31 in which the retained pads were demonstrated, no action was taken. Plaintiff says on/about Dec. 20, 2020, she presented at a hospital in South Carolina with chest pain and shortness of breath, and an X-ray showed the pads in the left lung were causing a loculated plural effusion and she had to undergo surgery, in which three were removed. Plaintiff says she continues to suffer from permanent injury requiring medical treatment and asks judgment of $2.45 million, and punitive, $350,000.
Attorneys: Curtis Daniel Cannon of Goldberg Finnegan & Cannon
Filed: 8/11/2022
CL22003582
A.B.; N.D.B. (by and through her mother and guardian, N.B.); J.C.H.; O.L.H.; G.K.; J.L.L.; A.H.M.; B.M.; and H.N.M. v. Cumberland Hospital, LLC d/b/a Cumberland Hospital for Children and Adolescents; Universal Health Services, Inc.; UHS of Delaware, Inc.; Daniel N. Davidow; and Daniel N. Davidow, M.D., P.C.
Plaintiffs says Davidow was sexually abusing female patients from 1996 until he was placed on administrative leave in February 2020, from admittance and on a week-to-week basis, abuse that was reported to nurses, therapists and other agents of defendants, who did not report the sexual abuse to appropriate authorities. Plaintiffs say defendants knew or should have known that Davidow presented an imminent danger to vulnerable children and patients, including the plaintiffs, who arrived at the facility beginning in 2017. Plaintiffs seeks compensatory damages of $16 million each, and punitive, $350,000.
Filed: 8/11/2022
CL22003616
Holladay Property Service Midwest, Inc.; Holladay Baltimore, LLC; Manassas Gateway Hotel, LLC v. K2M Design, Inc.
Plaintiff says defendant prepared plans, specifications and other design elements for two hotels in 2017 and 2018 in Baltimore and Manassas, and over the course of construction activities, numerous problems, defects and inconsistencies were discovered. Plaintiffs say they incurred damages of $438,482.44 due to the defective work, and seek that in compensation.
Attorneys: Thomas J. Moran of Wright, Constable & Skeen
Filed: 08/17/2022
CL22003826
Melissa Anne Sullivan v. Harry D. Bear, M.D. and MCV Associated Physicians d/b/a VCU Heath MCV Physicians
Plaintiff says since her initial radical double mastectomy in September 2018, her cancer has evolved into a much more dangerous and likely fatal non-estrogen sensitive triple-negative breast cancer due to defendants’ medical negligence and breach of the standard of care. Plaintiff seeks judgment of $10 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 8/18/2022
CL22003828
Chesterfield Circuit Court
Jane Doe v. Virginia Department of Corrections; TyKesha Fowlkes Tucker in her official and individual capacity; and Nkemdkilim Okoli, in his official and individual capacity
Plaintiff says she was sexually assaulted and harassed by Okoli, a correctional officer, and that Tucker, former superintendent of Central Virginia Correctional Unit #13, and VDOC acted with negligence in hiring him and in maintaining a facility that failed to protect her and other inmates from predatory and assaultive behavior of correctional officers, including defendant, and upon information and belief, prior incidents of sexual abuse had been reported and VCOC took no measures. Plaintiff seeks judgment of $750,000, and punitive, $350,000.
Attorneys: Miriam Airington-Fisher, Jennifer Quezada and Bianca White of Airington
Filed: 8/16/2022
CL22002784
Kapitus Servicing, Inc. v. Green Valley Distributors, Inc. d/b/a Green Valley Distributors; and David M. Bias
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $133,325.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002791
Kapitus Servicing, Inc. v. 48 States Transport, LLC d/b/a 48 States Transport; and Syed Bukhari
Plaintiff says the Orlando business is in default of a forward purchase agreement and seeks judgment in the principal amount of $91,807.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002792
Kapitus Servicing, Inc. v. Adams Construction, LLC d/b/a Adams Construction; and Larry Adams
Plaintiff says the Maryland business is in default of a forward purchase agreement and seeks judgment in the principal amount of $159,929.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22002793
David Rice, as administrator of the estate of Albert Rice, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; Laurel Health Care Company t/a The Laurels of University Park; and Laurel Health Care Holdings Inc. t/a The Laurels of University Park
Plaintiff says defendants allowed decedent to fall several times while in their care after being admitted for rehab on Aug. 14, 2020, the last fracturing his right hip on Sept. 28, and allowed him to experience an unplanned weight loss of 16.5 pounds in six weeks, and he died on Oct. 5, one week after the fall. Plaintiff alleges negligence and seeks judgment of $4 million.
Attorneys: Robert W. Carter Jr., Mary Estfanous and Kristen T. Wiecking
Filed: 8/11/2022
CL22004992
Steven Wesley Croghan and Restoration Health, LLC v. Legacy Care, LLC
Plaintiff says he was hired on/about July 10, 2019, as a hospitalist/nurse practitioner to provide medical services at Rehabilitation Hospital of Bristol, that in July 2021 he informed his supervisor, John Paul Jones, regional director of Legacy, about participation into an investigation into Dr. James Shauberger’s alleged engagement in Medicare and Medicaid fraud. Shauberger was former medical director of Encompass Health Corp., which worked with Legacy to provide medical services at RHB, plaintiff says, and he discovered in December he could not access any patient files. Plaintiff says defendant pressured Team Health, which was to take over Legacy’s contract, that Legacy would not allow him to work for Team Health or release him from his contract’s non-compete provisions. Plaintiff alleges breach of contract, tortious interference with business expectancy and retaliation and seeks judgment of $5 million.
Attorneys: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 8/15/2022
CL22005062
Wendy D. Swiney, LLC v. Legacy Care, LLC
Plaintiff says it contracted with Legacy on/about July 10, 2019, to provide hospitalist/nurse practitioner medical services at Rehabilitation Hospital of Bristol, through sole member Wendy Swiney, and Swiney performed duties with expertise. Plaintiff says the contract would automatically renew for an additional one-year term unless either party provided at least 90 days written notice and provided that Swiney would be placed in at least one Legacy owned or managed facility during the term of the contract. Plaintiff says in early December 2021, RHB’s CEO contacted her to say a new entity, Team Health, Inc., would be taking over Legacy’s contract on/about Dec. 12, 2021, and John Paul Jones, her supervisor at Legacy, said she would be losing her job but that he would “keep her posted.” Plaintiff says Legacy’s president told Swiney that her assignment was ending, but she would not be released from the contract’s non-compete provision, preventing Swiney from entering a contract with Team Health to continue providing medical services at RHB. Plaintiff alleges breach of contract and seeks judgment of $1 million.
Attorneys: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 8/15/2022
CL22005064
Kapitus Servicing, Inc. v. TPG The Pinnacle Group, Inc. d/b/a TPG The Pinnacle Group; and Anthony Bradshaw
Plaintiff says the Henrico business is in default of a loan agreement and seeks judgment in the principal amount of $125,709.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/16/2022
CL22005102
Kapitus Servicing, Inc. v. Advantage Development Group, LLC d/b/a Advantage Development Group; and Tomislav Pavic
Plaintiff says the Chicago business is in default of a loan agreement and seeks judgment in the principal amount of $150,025.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 8/17/2022
CL22005133
Richmond Circuit Court
Chynna Robinson v. Urgent Specialty Associates, LLC d/b/a Northstar Trauma Surgery; Stanley Kurek, D.O.; Dustin Donley, M.D.; Chippenham & Johnston-Willis Hospitals, Inc. d/b/a Chippenham Hospital
Plaintiff says defendants performed surgery after she was shot in the chest on/about Aug. 29, 2020, and during the surgery, surgical gauze pads were left in her chest, and despite multiple X-rays being taken Aug. 29-31 in which the retained pads were demonstrated, no action was taken. Plaintiff says on/about Dec. 20, 2020, she presented at a hospital in South Carolina with chest pain and shortness of breath, and an X-ray showed the pads in the left lung were causing a loculated plural effusion and she had to undergo surgery, in which three were removed. Plaintiff says she continues to suffer from permanent injury requiring medical treatment and asks judgment of $2.45 million, and punitive, $350,000.
Attorneys: Curtis Daniel Cannon of Goldberg Finnegan & Cannon
Filed: 8/11/2022
CL22003582
A.B.; N.D.B. (by and through her mother and guardian, N.B.); J.C.H.; O.L.H.; G.K.; J.L.L.; A.H.M.; B.M.; and H.N.M. v. Cumberland Hospital, LLC d/b/a Cumberland Hospital for Children and Adolescents; Universal Health Services, Inc.; UHS of Delaware, Inc.; Daniel N. Davidow; and Daniel N. Davidow, M.D., P.C.
Plaintiffs says Davidow was sexually abusing female patients from 1996 until he was placed on administrative leave in February 2020, from admittance and on a week-to-week basis, abuse that was reported to nurses, therapists and other agents of defendants, who did not report the sexual abuse to appropriate authorities. Plaintiffs say defendants knew or should have known that Davidow presented an imminent danger to vulnerable children and patients, including the plaintiffs, who arrived at the facility beginning in 2017. Plaintiffs seeks compensatory damages of $16 million each, and punitive, $350,000.
Filed: 8/11/2022
CL22003616
Holladay Property Service Midwest, Inc.; Holladay Baltimore, LLC; Manassas Gateway Hotel, LLC v. K2M Design, Inc.
Plaintiff says defendant prepared plans, specifications and other design elements for two hotels in 2017 and 2018 in Baltimore and Manassas, and over the course of construction activities, numerous problems, defects and inconsistencies were discovered. Plaintiffs say they incurred damages of $438,482.44 due to the defective work, and seek that in compensation.
Attorneys: Thomas J. Moran of Wright, Constable & Skeen
Filed: 08/17/2022
CL22003826
Melissa Anne Sullivan v. Harry D. Bear, M.D. and MCV Associated Physicians d/b/a VCU Heath MCV Physicians
Plaintiff says since her initial radical double mastectomy in September 2018, her cancer has evolved into a much more dangerous and likely fatal non-estrogen sensitive triple-negative breast cancer due to defendants’ medical negligence and breach of the standard of care. Plaintiff seeks judgment of $10 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 8/18/2022
CL22003828