The Docket: Local court roundup for 11.10.22

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Happy Wholesale, LLC d/b/a Happy Wholesale; and Edmund Alston
Plaintiff says the South Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $154,150.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/27/2022
CL22003689

Kapitus Servicing, Inc. v. 5th Ave, Kings Fruit & Vegetables Corp d/b/a 5th Ave Kings Fruit & Vegetables; and Adel Kassim
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $180,111.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 10/27/2022
CL22003691

Henrico Circuit Court

Ashley Shepherd v. Miketa N. Page a/k/a Logan Page; and Trinity Corporate Housing, LLC
Plaintiff says defendant acted as a “rental agent” for a fee, that she moved into Harbor Village in November 2020 and timely paid her rent through defendant, and in February 2021 she received notice that rent had not been paid, but defendant told her “not to worry” and she continued paying rent. Plaintiff says after receiving approval for the Virginia Rent Relief Program in summer of 2021 for rent covering August through December 2021, she discovered that the payments were paid to defendant “as landlord” but never remitted to Harbor Village, and she had to vacate the apartment in January 2022, and has sustained significant damages due to the stigma of quasi-eviction and expenses for suitable housing. Plaintiff alleges fraud and seeks compensatory damages of $150,000, and punitive, $500,000.
Attorneys: Michaela B. Ross of Hunton Andrews Kurth; and Laura G. Dobbs of Virginia Poverty Law Center
Filed: 10/28/2022
CL22006733

Lauren N. Rodriguez v. CDFA, L.L.C.; General Services Corporation; VAC L.L.L.P.; CDFA, L.L.C. d/b/a Cardinal Forest Apartments; VAC L.L.L.P. d/b/a Cardinal Forest Apartments; ICAFS, Inc. d/b/a General Services Corporation; Lookup Roofing, LLC; Therma Seal Home Improvements, L.L.C.; Daniel Riccitelli; General Finished Construction; and John Doe
Plaintiff says on/about Dec. 4, 2020, she was struck in the head by debris from the ceiling of her unit at Cardinal Forest which had collapsed, as defendant Doe was repairing the roof above her bedroom. Plaintiff alleges negligence and seeks judgment of $300,000.
Attorneys: Steven K. Webb and Andrew S. Herzog of Parcell, Webb & Baruch
Filed: 11/1/2022
CL22006779

Richard Morataya v. Acme Food Sales, Inc.; Aldi (N.C.) L.L.C.; Aldi (Virginia) LLC; Aldi Inc. (Georgia); and Aldi Inc. (Maryland)
Plaintiff says after consuming black and slimy coconut water purchased at Aldi, he was assessed with Bell’s Palsy, which he says was caused by the product. Plaintiff asks judgment of $1 million.
Attorneys: Jesse Baez of Brooks & Baez
Filed: 11/2/2022
CL22006808

Richmond Circuit Court

Aleah Rose Titus, Jonathan Wendell Titus and Marcus Tisdale v. Purdy Homes, LLC
Plaintiffs say they purchased a newly built duplex at 2619 and 2621 Bainbridge St. in spring 2022, which had a 12-month warranty, and discovered shortly after moving in that the roof was deficient – it did not meet code or manufacturer specifications – and the property had poor workmanship, which defendant has failed to correct. Plaintiffs seek judgment of $35,000.
Attorneys: A. James Kauffman of Baronian & Associates
Filed: 10/31/2022
CL22004804

Robert Corbett v. City of Richmond, Virginia
Plaintiff says defendant allowed a section of mostly brick sidewalk located on North Monroe Street near the 400 block of West Grace Street to become uneven, and knew that it was in dangerous condition, and on June 4, 2021, in the middle of a thunderstorm as he exited a bus, he fell and fractured a bone in his leg and his knee. Plaintiff alleges negligence and seek judgment of $500,000.
Attorneys: Benjamin R. Rand of Blackburn, Conte, Schilling & Click
Filed: 11/2/2022
CL22004814

N.M., an infant by Crystal Maddox, his mother and next friend v. Southampton Academy; W. Scott Wasdin; Andrea Rickman; Bonnie Rabil; and Deborah Johnson
Plaintiff says in fall 2019, N.M., who was a sixth-grader, began to be bullied, taunted, harassed and picked on by a number of students, and defendants – administrators or teachers – failed to take appropriate action and allowed the bullying to continue, forcing plaintiff to change schools in the middle of the school year. Plaintiff alleges negligence and seeks judgment of $70,000.
Attorneys: Mark D. Dix of Dix Law Firm
Filed: 11/2/2022
CL22004825

Taylor McKinney v. Danny William Shaban, M.D.; Thomas Patrick Mead, M.D.; Raymonda Ryce, M.D.; Bialines Espinosa, M.D.; Colene Smith, FNP; Madalyn B. White, FNP; and Dominion Women’s Health, Inc.
Plaintiff says from June 22, 2021, through August 2021, she was a patient for pregnancy-related nausea and vomiting, including hyperemesis gravidarum, which resulted in dramatic weight loss and eventual development of Wernicke’s encephalopathy, and due to their negligent diagnosis and treatment, she sustained permanent neurological injuries. Plaintiff asks judgment of $5 million.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 11/2/2022
CL22004822

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Happy Wholesale, LLC d/b/a Happy Wholesale; and Edmund Alston
Plaintiff says the South Carolina business is in default of a loan agreement and seeks judgment in the principal amount of $154,150.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 10/27/2022
CL22003689

Kapitus Servicing, Inc. v. 5th Ave, Kings Fruit & Vegetables Corp d/b/a 5th Ave Kings Fruit & Vegetables; and Adel Kassim
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $180,111.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 10/27/2022
CL22003691

Henrico Circuit Court

Ashley Shepherd v. Miketa N. Page a/k/a Logan Page; and Trinity Corporate Housing, LLC
Plaintiff says defendant acted as a “rental agent” for a fee, that she moved into Harbor Village in November 2020 and timely paid her rent through defendant, and in February 2021 she received notice that rent had not been paid, but defendant told her “not to worry” and she continued paying rent. Plaintiff says after receiving approval for the Virginia Rent Relief Program in summer of 2021 for rent covering August through December 2021, she discovered that the payments were paid to defendant “as landlord” but never remitted to Harbor Village, and she had to vacate the apartment in January 2022, and has sustained significant damages due to the stigma of quasi-eviction and expenses for suitable housing. Plaintiff alleges fraud and seeks compensatory damages of $150,000, and punitive, $500,000.
Attorneys: Michaela B. Ross of Hunton Andrews Kurth; and Laura G. Dobbs of Virginia Poverty Law Center
Filed: 10/28/2022
CL22006733

Lauren N. Rodriguez v. CDFA, L.L.C.; General Services Corporation; VAC L.L.L.P.; CDFA, L.L.C. d/b/a Cardinal Forest Apartments; VAC L.L.L.P. d/b/a Cardinal Forest Apartments; ICAFS, Inc. d/b/a General Services Corporation; Lookup Roofing, LLC; Therma Seal Home Improvements, L.L.C.; Daniel Riccitelli; General Finished Construction; and John Doe
Plaintiff says on/about Dec. 4, 2020, she was struck in the head by debris from the ceiling of her unit at Cardinal Forest which had collapsed, as defendant Doe was repairing the roof above her bedroom. Plaintiff alleges negligence and seeks judgment of $300,000.
Attorneys: Steven K. Webb and Andrew S. Herzog of Parcell, Webb & Baruch
Filed: 11/1/2022
CL22006779

Richard Morataya v. Acme Food Sales, Inc.; Aldi (N.C.) L.L.C.; Aldi (Virginia) LLC; Aldi Inc. (Georgia); and Aldi Inc. (Maryland)
Plaintiff says after consuming black and slimy coconut water purchased at Aldi, he was assessed with Bell’s Palsy, which he says was caused by the product. Plaintiff asks judgment of $1 million.
Attorneys: Jesse Baez of Brooks & Baez
Filed: 11/2/2022
CL22006808

Richmond Circuit Court

Aleah Rose Titus, Jonathan Wendell Titus and Marcus Tisdale v. Purdy Homes, LLC
Plaintiffs say they purchased a newly built duplex at 2619 and 2621 Bainbridge St. in spring 2022, which had a 12-month warranty, and discovered shortly after moving in that the roof was deficient – it did not meet code or manufacturer specifications – and the property had poor workmanship, which defendant has failed to correct. Plaintiffs seek judgment of $35,000.
Attorneys: A. James Kauffman of Baronian & Associates
Filed: 10/31/2022
CL22004804

Robert Corbett v. City of Richmond, Virginia
Plaintiff says defendant allowed a section of mostly brick sidewalk located on North Monroe Street near the 400 block of West Grace Street to become uneven, and knew that it was in dangerous condition, and on June 4, 2021, in the middle of a thunderstorm as he exited a bus, he fell and fractured a bone in his leg and his knee. Plaintiff alleges negligence and seek judgment of $500,000.
Attorneys: Benjamin R. Rand of Blackburn, Conte, Schilling & Click
Filed: 11/2/2022
CL22004814

N.M., an infant by Crystal Maddox, his mother and next friend v. Southampton Academy; W. Scott Wasdin; Andrea Rickman; Bonnie Rabil; and Deborah Johnson
Plaintiff says in fall 2019, N.M., who was a sixth-grader, began to be bullied, taunted, harassed and picked on by a number of students, and defendants – administrators or teachers – failed to take appropriate action and allowed the bullying to continue, forcing plaintiff to change schools in the middle of the school year. Plaintiff alleges negligence and seeks judgment of $70,000.
Attorneys: Mark D. Dix of Dix Law Firm
Filed: 11/2/2022
CL22004825

Taylor McKinney v. Danny William Shaban, M.D.; Thomas Patrick Mead, M.D.; Raymonda Ryce, M.D.; Bialines Espinosa, M.D.; Colene Smith, FNP; Madalyn B. White, FNP; and Dominion Women’s Health, Inc.
Plaintiff says from June 22, 2021, through August 2021, she was a patient for pregnancy-related nausea and vomiting, including hyperemesis gravidarum, which resulted in dramatic weight loss and eventual development of Wernicke’s encephalopathy, and due to their negligent diagnosis and treatment, she sustained permanent neurological injuries. Plaintiff asks judgment of $5 million.
Attorneys: William B. Kilduff and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 11/2/2022
CL22004822

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