The Docket: Local court roundup for 10.6.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Alex’s Concrete Pumping, LLC d/b/a Alex’s Concrete Pumping; and Alexander Alvarez Fernandez
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $108,485.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003229

Kapitus Servicing, Inc. v. Countryside Stone, LLC d/b/a Countryside Stone; and Marvin Richard Rymer III
Plaintiff says the Indiana business is in default of a loan agreement and seeks judgment in the principal amount of $114,586.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003230

Kapitus Servicing, Inc. v. Marika Trucking, Inc. d/b/a Marika Trucking; and Zoran Andreski
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $153,050.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003234

Shawna Chapman a/k/a Shawna Williams v. Walmart Stores East, LP d/b/a Walmart Super-Center #1524
Plaintiff says on/about Sept. 29, 2020, at 12000 Ironbridge Road, she slipped on a wet floor, falling and sustaining injuries for which she seeks judgment of $70,000.
Attorneys: Christina Pendleton of Christina Pendleton & Associates
Filed: 9/20/2022
CL22003237

Juanita Poulston v. Shoe Carnival, Inc.
Plaintiff says on March 14, 2022, when she rested her hand on a display table at the store in Colonial Heights, the table rolled away, causing her to fall and break her right femur and hip socket. Plaintiff seeks judgment of $1 million.
Attorneys: Randy B. Rowlett of Gordon, Dodson, Gordon & Rowlett
Filed: 9/22/2022
CL22003264

Euler Hermes North American Insurance Company, assignee of Wurth Wood Group, Inc. v. R.A. Lilley & Sons, Incorporated t/a Five Star Fab & Fixture
Plaintiff says defendant has refused to pay the balance due of $43,506.02.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 9/22/2022
CL22003265

Henrico Circuit Court

Kapitus Servicing, Inc. v. Garcia M. Cabinets & Granite, LLC d/b/a Garcia M. Cabinets & Granite; and Yoandi Garcia Marquez
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,970.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22005836

Myah Hubbell v. Balloons Over Virginia, Inc. and Gilbert Eugene Martin
Plaintiff says on/about Sept. 27, 2020, she was in a hot air balloon negligently operated by Martin, and that Martin caused the balloon to crash to the ground. Plaintiff says she sustained serious and permanent injuries and seeks judgment of $500,000.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 9/22/2022
CL22005886

Richmond Circuit Court

Noah Link by his next friend, Ashley Elizabeth McKercher v. Hughes Center LLC d/b/a Hughes Center for Exceptional Children; Corey Lamont Yourse; and Dakota White
Plaintiff says Noah resided at the center, a residential therapeutic center for adolescents on the autism spectrum or who have intellectual disabilities, and on/about Jan. 2, 2021, employees Yourse and White restrained him during an incident playing cards, and while White restrained him, Yourse punched him multiple times in the face and chest, and two weeks after the incident, Noah was attacked again, this time by other residents, and kicked repeatedly in the head. Plaintiff alleges negligence and seeks compensatory damages of $1 million, and punitive, $350,000.
Attorneys: Jesse Baez and T. Noel Brooks of Brooks & Baez
Filed: 9/16/2022
CL22004131

Brian Penczak, Kelsie Johnson, Samantha Festa and Eric McNair v. The 4 Cyber Café, LLC
Plaintiffs, former employees, say defendant knowingly failed to adopt pay practices in conformity with Virginia law and failed to pay plaintiffs’ wages for work performed as a cook and event manager, waitresses and general manager, and seek monetary damages for all unpaid work and minimum wage, and a declaratory judgment that defendant has violated pay practices mandated by Virginia Code.
Attorneys: Zev H. Antell and Paul M. Falabella of Butler Curwood
Filed: 9/19/2022
CL22004149

James River Petroleum, Inc. v. Ambia Investments, LLC; and Neel Patel
Plaintiff says an agreement requires defendant to purchase petroleum products exclusively from plaintiff, for 7101 Brook Road, and to comply with marketing under the CITGO name, but defendant failed to keep the store branded and conveyed it to a third party without notifying plaintiff. Plaintiff seeks damages of $60,284.70.
Attorneys: Mark C. Nanavati and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 9/19/2022
CL22004150

Christopher R. Stone v. Electronic Systems, Inc.
Plaintiff, a 20-year employee, says beginning in 2020 and continuing to the present, defendant has failed to pay his full earned commission on the sales of defendant’s services to Northern Virginia Community College. Plaintiff alleges wage theft and seeks damages of $1.8 million.
Attorneys: Blackwell N. Shelley Jr. and Tim Schulte of Shelley Cupp Schulte
Filed: 9/20/2022
CL22004156

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Alex’s Concrete Pumping, LLC d/b/a Alex’s Concrete Pumping; and Alexander Alvarez Fernandez
Plaintiff says the Miami business is in default of a forward purchase agreement and seeks judgment in the principal amount of $108,485.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003229

Kapitus Servicing, Inc. v. Countryside Stone, LLC d/b/a Countryside Stone; and Marvin Richard Rymer III
Plaintiff says the Indiana business is in default of a loan agreement and seeks judgment in the principal amount of $114,586.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003230

Kapitus Servicing, Inc. v. Marika Trucking, Inc. d/b/a Marika Trucking; and Zoran Andreski
Plaintiff says the Illinois business is in default of a loan agreement and seeks judgment in the principal amount of $153,050.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22003234

Shawna Chapman a/k/a Shawna Williams v. Walmart Stores East, LP d/b/a Walmart Super-Center #1524
Plaintiff says on/about Sept. 29, 2020, at 12000 Ironbridge Road, she slipped on a wet floor, falling and sustaining injuries for which she seeks judgment of $70,000.
Attorneys: Christina Pendleton of Christina Pendleton & Associates
Filed: 9/20/2022
CL22003237

Juanita Poulston v. Shoe Carnival, Inc.
Plaintiff says on March 14, 2022, when she rested her hand on a display table at the store in Colonial Heights, the table rolled away, causing her to fall and break her right femur and hip socket. Plaintiff seeks judgment of $1 million.
Attorneys: Randy B. Rowlett of Gordon, Dodson, Gordon & Rowlett
Filed: 9/22/2022
CL22003264

Euler Hermes North American Insurance Company, assignee of Wurth Wood Group, Inc. v. R.A. Lilley & Sons, Incorporated t/a Five Star Fab & Fixture
Plaintiff says defendant has refused to pay the balance due of $43,506.02.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 9/22/2022
CL22003265

Henrico Circuit Court

Kapitus Servicing, Inc. v. Garcia M. Cabinets & Granite, LLC d/b/a Garcia M. Cabinets & Granite; and Yoandi Garcia Marquez
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $127,970.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 9/20/2022
CL22005836

Myah Hubbell v. Balloons Over Virginia, Inc. and Gilbert Eugene Martin
Plaintiff says on/about Sept. 27, 2020, she was in a hot air balloon negligently operated by Martin, and that Martin caused the balloon to crash to the ground. Plaintiff says she sustained serious and permanent injuries and seeks judgment of $500,000.
Attorneys: Gray B. Broughton of The Broughton Law Firm
Filed: 9/22/2022
CL22005886

Richmond Circuit Court

Noah Link by his next friend, Ashley Elizabeth McKercher v. Hughes Center LLC d/b/a Hughes Center for Exceptional Children; Corey Lamont Yourse; and Dakota White
Plaintiff says Noah resided at the center, a residential therapeutic center for adolescents on the autism spectrum or who have intellectual disabilities, and on/about Jan. 2, 2021, employees Yourse and White restrained him during an incident playing cards, and while White restrained him, Yourse punched him multiple times in the face and chest, and two weeks after the incident, Noah was attacked again, this time by other residents, and kicked repeatedly in the head. Plaintiff alleges negligence and seeks compensatory damages of $1 million, and punitive, $350,000.
Attorneys: Jesse Baez and T. Noel Brooks of Brooks & Baez
Filed: 9/16/2022
CL22004131

Brian Penczak, Kelsie Johnson, Samantha Festa and Eric McNair v. The 4 Cyber Café, LLC
Plaintiffs, former employees, say defendant knowingly failed to adopt pay practices in conformity with Virginia law and failed to pay plaintiffs’ wages for work performed as a cook and event manager, waitresses and general manager, and seek monetary damages for all unpaid work and minimum wage, and a declaratory judgment that defendant has violated pay practices mandated by Virginia Code.
Attorneys: Zev H. Antell and Paul M. Falabella of Butler Curwood
Filed: 9/19/2022
CL22004149

James River Petroleum, Inc. v. Ambia Investments, LLC; and Neel Patel
Plaintiff says an agreement requires defendant to purchase petroleum products exclusively from plaintiff, for 7101 Brook Road, and to comply with marketing under the CITGO name, but defendant failed to keep the store branded and conveyed it to a third party without notifying plaintiff. Plaintiff seeks damages of $60,284.70.
Attorneys: Mark C. Nanavati and Benjamin F. Dill of Sinnott, Nuckols & Logan
Filed: 9/19/2022
CL22004150

Christopher R. Stone v. Electronic Systems, Inc.
Plaintiff, a 20-year employee, says beginning in 2020 and continuing to the present, defendant has failed to pay his full earned commission on the sales of defendant’s services to Northern Virginia Community College. Plaintiff alleges wage theft and seeks damages of $1.8 million.
Attorneys: Blackwell N. Shelley Jr. and Tim Schulte of Shelley Cupp Schulte
Filed: 9/20/2022
CL22004156

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