The Docket: Local court roundup for 9.29.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Integrity Family Care North Alabama, LLC d/b/a Integrity Family Care; Jason Lockette; and Jonathan Osborne Jr.
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $152,500.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/15/2022
CL22003165

Henrico Circuit Court

DHGII-Newmark South Hill LLC v. NBJ Architecture and Nilkanth R. Bhatt a/k/a “Neil” Bhatt
Plaintiff says defendant failed to obtain updated “brand standard” documentation from Microtel before beginning a hotel project in South Hill, and defendant’s deficiency and errors in drafting plans led to a failure of the project to comply with Microtel’s standards or with building code, imposing delays and expenditures. Plaintiff seeks judgment of $750,000.
Attorneys: Bradley P. Marrs of Marrs & Henry
Filed: 9/9/2022
CL22005596

Valerie Walker v. Miketa Logan Page and Oxygen Marketing & Management LLC
Plaintiff says defendant held itself out as a rental housing search and placement agency, and after paying for services in cash, plaintiff says defendant illegally subleased plaintiff her own rental property in Lakefield Mews apartments, and that defendant failed to remit rent money that plaintiff paid to the apartment management, leading to her eviction on/about Oct. 14, 2021. Plaintiff seeks compensatory damages of $19,914, and punitive, $500,000.
Attorneys: Michaela B. Ross of Hunton Andrews Kurth
Filed: 9/12/2022
CL22005651

Audacy Pennsylvania, LLC d/b/a WTDY/WOGI v. Emmett M. Avery IV d/b/a Events & Adventures, LLC
Plaintiff says defendant failed to pay for contracted goods and services and seeks judgment of $30,450.
Attorneys: Daniel J. Pesachowitz of Samuel I. White
Filed: 9/12/2022
CL22005662

Wells Fargo Bank, National Association, as trustee for Morgan Stanley Capital I Trust 2021-L6, Commercial Mortgage Pass-Through Certificates, Series 2021-L6 v. Apex Glenwood VA LLC
Plaintiff says on/about June 22, 2021, Argentic Real Estate Finance LLC, the original lender, loaned defendant the principal sum of $13 million, secured, among other things, with a deed of trust, assignment of leases and rents and security agreement. Plaintiff says defendant has defaulted, having failed to pay the monthly debt service payments and reserve deposits due in July and August 2022, and on/abut Aug. 15, 2022, plaintiff notified defendant that, as a result of the default, the loan had been accelerated and the outstanding balance was now due. Plaintiff says on/about Aug. 26, 2022, it was denied an inspection of the property, a violation of the loan agreement, and that it has become aware of additional defaults, including a complaint filed by the Virginia Housing Development Authority on/about Aug. 17, 2022, which seeks specific performance and a permanent injunction against defendant, and the existence of code violations. Plaintiff seeks the appointment of a special receiver to protect, maintain and operate the property, and other relief the court deems appropriate.
Attorneys: Peter J. Barrett of Kutak Rock
Filed: 9/14/2022
CL22005736

William J. Dillon v. BAE Systems Ordnance Systems, Inc. a/k/a BAE Systems, Inc. a/k/a Ordnance Systems, Inc.; and BAE Systems, Inc.
Plaintiff says at the time of the incident, he was employed by Fireworks by Grucci, located on the Radford Army Ammunition Plant, and that defendant is engaged in manufacturing military grade energetics for munitions systems and producing explosive and propellant products for the U.S. Department of Defense and other customers. Plaintiff says on/about Sept. 17, 2020, as he loaded packages in his vehicle and began to leave, navigating his way out of the ammunition plant, he was overcome by noxious clouds of chemicals and/or pollutants, which he later discovered was nitric acid. Plaintiff says he was diagnosed with chemical pneumonitis and since the exposure, his pulmonary and cardiac health has severely deteriorated. Plaintiff seeks judgment of $15 million.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 9/15/2022
CL22005757

Richmond Circuit Court

Jermaine Hickman v. Kroger, LLC t/a Kroger #514
Plaintiff says on Feb. 13, 2021, at 7000 Tim Price Way, he slipped on what was later identified as clear hand sanitizer, fell and sustained serious injuries. Plaintiff claims damages of $500,000.
Attorneys: David L. Epperly of Epperly & Follis
Filed: 9/8/2022
CL22003974

Alsco, Inc. v. LTC Holdings, Inc. t/a Medical Facilities of America
Plaintiff says defendant breached a contract by unlawfully and prematurely terminating the parties’ contract and by not paying the amounts owed. Plaintiff seeks judgment of $732,975.79.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed; 9/9/2022
CL22003976

Mary Bitner v. Texas Roadhouse; Texas Roadhouse Management Group; and Texas Roadhouse, Inc.
Plaintiff says on/about Nov. 2, 2020, as she was exiting the Colonial Heights restaurant, she fell off the curb on the sidewalk due to insufficient lighting and a defect in the curb. Plaintiff seeks judgment of $74,000 for her injuries.
Attorneys: Michael R. Krol and Robert G. Maury of The Law Office of Maury & Krol
Filed: 9/12/2022
CL22003986

Michael A. Drayton v. Chippenham and Johnston-Willis Hospitals, Inc. d/b/a Chippenham and/or CJW Medical Center-Chippenham Campus; Chippenham Hospital; Chippenham Hospital, Inc.; HCA Healthcare Capital Division; and 10 related HCA entities
Plaintiff says on/about Sept. 21 or 22, 2020, the care staff, in an attempt to turn him in his bed onto his left side without taking proper care to safeguard his left hip and leg, paralyzed from a stroke, resulted in a severe femur fracture and permanent injuries. Plaintiff seeks judgment of $2.5 million.
Attorneys: Sidney Schupak of The Schupak Law Firm
Filed: 9/13/2022
CL22003991

William R. Watson v. K1 Speed, Inc. and Chesterfield Associates 2017 LLC
Plaintiff says on May 22, 2022, at 1365 Carmia Way, defendants failed to reasonably prevent or attempt to prevent moving go karts from crashing into stopped go karts, and failed to warn of pileups at the hairpin turn, and he suffered serious injuries when a kart ran into him, striking him with such force that his helmet was dislodged and thrown several feet away. Plaintiff asks damages of $250,000.
Attorneys: John C. Shea and Tara A. Enix of Marks & Harrison
Filed: 9/14/2022
CL22004121

Yann Nury v. Twisted-USA, LLC d/b/a Twisted North America
Plaintiff says he ordered a bespoke motor vehicle on Aug. 25, 2021, for $265,000, paying 50% of the purchase price by Dec. 14, 2021 in staged deposits, with an estimated delivery date in October 2022, but in August 2022 received the required build schedule that was to be furnished at the time of his last deposit, that indicated project completion in February 2023, at least four months after the contract time. Plaintiff alleges breach of contract and says defendant has refused to refund his deposit payments. Plaintiff asks judgment of $132,500.
Attorneys: Vernon E. Inge Jr. and Robert William Best of Whiteford, Taylor & Preston
Filed: 9/13/2022
CL22004162

Kapitus Servicing, Inc. v. Metropolitan Atlantic Automotive Limited Liability Company d/b/a Metropolitan Atlantic Automotive; and Melody Trice
Plaintiff says the Atlanta business is in default of a forward purchase agreement and seeks judgment in the principal amount of $162,761.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/15/2022
CL22004182

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Integrity Family Care North Alabama, LLC d/b/a Integrity Family Care; Jason Lockette; and Jonathan Osborne Jr.
Plaintiff says the Alabama business is in default of a loan agreement and seeks judgment in the principal amount of $152,500.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/15/2022
CL22003165

Henrico Circuit Court

DHGII-Newmark South Hill LLC v. NBJ Architecture and Nilkanth R. Bhatt a/k/a “Neil” Bhatt
Plaintiff says defendant failed to obtain updated “brand standard” documentation from Microtel before beginning a hotel project in South Hill, and defendant’s deficiency and errors in drafting plans led to a failure of the project to comply with Microtel’s standards or with building code, imposing delays and expenditures. Plaintiff seeks judgment of $750,000.
Attorneys: Bradley P. Marrs of Marrs & Henry
Filed: 9/9/2022
CL22005596

Valerie Walker v. Miketa Logan Page and Oxygen Marketing & Management LLC
Plaintiff says defendant held itself out as a rental housing search and placement agency, and after paying for services in cash, plaintiff says defendant illegally subleased plaintiff her own rental property in Lakefield Mews apartments, and that defendant failed to remit rent money that plaintiff paid to the apartment management, leading to her eviction on/about Oct. 14, 2021. Plaintiff seeks compensatory damages of $19,914, and punitive, $500,000.
Attorneys: Michaela B. Ross of Hunton Andrews Kurth
Filed: 9/12/2022
CL22005651

Audacy Pennsylvania, LLC d/b/a WTDY/WOGI v. Emmett M. Avery IV d/b/a Events & Adventures, LLC
Plaintiff says defendant failed to pay for contracted goods and services and seeks judgment of $30,450.
Attorneys: Daniel J. Pesachowitz of Samuel I. White
Filed: 9/12/2022
CL22005662

Wells Fargo Bank, National Association, as trustee for Morgan Stanley Capital I Trust 2021-L6, Commercial Mortgage Pass-Through Certificates, Series 2021-L6 v. Apex Glenwood VA LLC
Plaintiff says on/about June 22, 2021, Argentic Real Estate Finance LLC, the original lender, loaned defendant the principal sum of $13 million, secured, among other things, with a deed of trust, assignment of leases and rents and security agreement. Plaintiff says defendant has defaulted, having failed to pay the monthly debt service payments and reserve deposits due in July and August 2022, and on/abut Aug. 15, 2022, plaintiff notified defendant that, as a result of the default, the loan had been accelerated and the outstanding balance was now due. Plaintiff says on/about Aug. 26, 2022, it was denied an inspection of the property, a violation of the loan agreement, and that it has become aware of additional defaults, including a complaint filed by the Virginia Housing Development Authority on/about Aug. 17, 2022, which seeks specific performance and a permanent injunction against defendant, and the existence of code violations. Plaintiff seeks the appointment of a special receiver to protect, maintain and operate the property, and other relief the court deems appropriate.
Attorneys: Peter J. Barrett of Kutak Rock
Filed: 9/14/2022
CL22005736

William J. Dillon v. BAE Systems Ordnance Systems, Inc. a/k/a BAE Systems, Inc. a/k/a Ordnance Systems, Inc.; and BAE Systems, Inc.
Plaintiff says at the time of the incident, he was employed by Fireworks by Grucci, located on the Radford Army Ammunition Plant, and that defendant is engaged in manufacturing military grade energetics for munitions systems and producing explosive and propellant products for the U.S. Department of Defense and other customers. Plaintiff says on/about Sept. 17, 2020, as he loaded packages in his vehicle and began to leave, navigating his way out of the ammunition plant, he was overcome by noxious clouds of chemicals and/or pollutants, which he later discovered was nitric acid. Plaintiff says he was diagnosed with chemical pneumonitis and since the exposure, his pulmonary and cardiac health has severely deteriorated. Plaintiff seeks judgment of $15 million.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 9/15/2022
CL22005757

Richmond Circuit Court

Jermaine Hickman v. Kroger, LLC t/a Kroger #514
Plaintiff says on Feb. 13, 2021, at 7000 Tim Price Way, he slipped on what was later identified as clear hand sanitizer, fell and sustained serious injuries. Plaintiff claims damages of $500,000.
Attorneys: David L. Epperly of Epperly & Follis
Filed: 9/8/2022
CL22003974

Alsco, Inc. v. LTC Holdings, Inc. t/a Medical Facilities of America
Plaintiff says defendant breached a contract by unlawfully and prematurely terminating the parties’ contract and by not paying the amounts owed. Plaintiff seeks judgment of $732,975.79.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed; 9/9/2022
CL22003976

Mary Bitner v. Texas Roadhouse; Texas Roadhouse Management Group; and Texas Roadhouse, Inc.
Plaintiff says on/about Nov. 2, 2020, as she was exiting the Colonial Heights restaurant, she fell off the curb on the sidewalk due to insufficient lighting and a defect in the curb. Plaintiff seeks judgment of $74,000 for her injuries.
Attorneys: Michael R. Krol and Robert G. Maury of The Law Office of Maury & Krol
Filed: 9/12/2022
CL22003986

Michael A. Drayton v. Chippenham and Johnston-Willis Hospitals, Inc. d/b/a Chippenham and/or CJW Medical Center-Chippenham Campus; Chippenham Hospital; Chippenham Hospital, Inc.; HCA Healthcare Capital Division; and 10 related HCA entities
Plaintiff says on/about Sept. 21 or 22, 2020, the care staff, in an attempt to turn him in his bed onto his left side without taking proper care to safeguard his left hip and leg, paralyzed from a stroke, resulted in a severe femur fracture and permanent injuries. Plaintiff seeks judgment of $2.5 million.
Attorneys: Sidney Schupak of The Schupak Law Firm
Filed: 9/13/2022
CL22003991

William R. Watson v. K1 Speed, Inc. and Chesterfield Associates 2017 LLC
Plaintiff says on May 22, 2022, at 1365 Carmia Way, defendants failed to reasonably prevent or attempt to prevent moving go karts from crashing into stopped go karts, and failed to warn of pileups at the hairpin turn, and he suffered serious injuries when a kart ran into him, striking him with such force that his helmet was dislodged and thrown several feet away. Plaintiff asks damages of $250,000.
Attorneys: John C. Shea and Tara A. Enix of Marks & Harrison
Filed: 9/14/2022
CL22004121

Yann Nury v. Twisted-USA, LLC d/b/a Twisted North America
Plaintiff says he ordered a bespoke motor vehicle on Aug. 25, 2021, for $265,000, paying 50% of the purchase price by Dec. 14, 2021 in staged deposits, with an estimated delivery date in October 2022, but in August 2022 received the required build schedule that was to be furnished at the time of his last deposit, that indicated project completion in February 2023, at least four months after the contract time. Plaintiff alleges breach of contract and says defendant has refused to refund his deposit payments. Plaintiff asks judgment of $132,500.
Attorneys: Vernon E. Inge Jr. and Robert William Best of Whiteford, Taylor & Preston
Filed: 9/13/2022
CL22004162

Kapitus Servicing, Inc. v. Metropolitan Atlantic Automotive Limited Liability Company d/b/a Metropolitan Atlantic Automotive; and Melody Trice
Plaintiff says the Atlanta business is in default of a forward purchase agreement and seeks judgment in the principal amount of $162,761.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/15/2022
CL22004182

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