The Docket: Local court roundup for 1.19.23

Chesterfield Circuit Court

Tracey D. Gilchrist v. Nathaniel Cuthbert, MD and Radiology Associates of Richmond, Inc.
Plaintiff says as a result of defendants’ negligence, she suffered severe harm due to a misread of her bilateral mammogram of Jan. 18, 2021, delaying appropriate diagnosis and treatment of her triple negative breast cancer for 8 months. Plaintiff seeks judgment of $5 million.
Attorneys: Thomas L. Johnson Jr. and Christopher L. Anderson of Bricker, Anderson & Johnson
Filed: 1/10/2023

Rish Equipment Company v. C.L. Dale Construction Services, LLC
Plaintiff says defendant has failed to make payments for rental equipment and seeks judgment of $43,374.11.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 1/10/2023

Alice Renobia Evans, as administrator of the estate of Edna Mitchell Booker v. Chesterfield Healthcare Group, Inc. d/b/a Tyler’s Retreat at Iron Bridge; and Saber Healthcare Group, LLC
Plaintiff says defendants failed to provide skilled nursing care and a fall mitigation plan, and as a result, following a traumatic fall with hip fracture, hospitalization and surgery, Booker had a sharp decline in function and quality of life, leading to her death. Plaintiff claims damages of $2 million.
Attorneys: Steven Baker of Williams DeLoatche; and Joseph Musso of The Musso Law Firm
Filed: 1/12/2023

Fredrick Charity v. Commonwealth of Virginia; Virginia Department of Motor Vehicles; Jason Calloway d/b/a Calloway Contracting; Kara Calloway d/b/a Calloway Contracting; and Calloway Contracting
Plaintiff says on Jan. 28, 2021, defendants failed to remove snow and ice from the DMV parking lot at 610 Johnston Willis Drive, and when exiting through a side door as directed by an employee, he fell and sustained serious injuries. Plaintiff asks judgment of $250,000.
Attorneys: Brenda L. Page and Alan F. Duckworth of Page Law Firm
Filed: 1/12/2023

Henrico Circuit Court

Jennifer Barger Ball and Robert Brian Ball v. Keiter, Stephens, Hurst, Gary & Shreaves, a professional corporation
Plaintiffs say they had long relied on defendant to provide professional tax services, and say in 2017 they sought Keiter’s advice about the tax implications of granting a conservation easement on a family farm owned by Jennifer that borders the South River, and that defendant assured them they had specialized knowledge about land preservation credits and conservation easements. Plaintiffs say defendant failed to comply with substantiation requirements and a fully completed appraisal summary (Form 8283) and to correct errors after notification from the IRS, and as a result, they were required to pay taxes, penalties and interest assessed by the IRS and the Virginia Department of Taxation, additional taxes imposed by North Carolina and Georgia, and to pay Williams Mullen $75,000 to help them mitigate their damages and contest the audit. Plaintiffs seek damages of at least $400,000.
Attorneys: Wyatt B. Durrette Jr. and Christine A. Williams of Durrette, Arkema, Gerson & Gill
Filed: 1/11/2023

Transact Capital Partners, LLC v. Alternative Staffing, Inc. and Steven Swerdloff
Plaintiff says in 2019 it was contracted to provide exclusive consulting services with the goal of selling defendants’ business, and that defendants recently sold the business to a buyer that had been located by plaintiff, but has failed to pay plaintiff amounts owed. Plaintiff seeks damages of no less than $805,000.
Attorneys: Stephen M. Faraci Sr. and Patrick D. Houston of Whiteford, Taylor & Preston
Filed: 1/12/2023

Karen M. Jenkins v. 11 North at White Oak a/k/a RFI Seven Gables, LLC; AION Management, LLC; and Drucker & Falk, Inc.
Plaintiff says on/about Jan. 15, 2022, she was walking down the steps in front of her apartment building at 205 N. Laburnum Ave. when the right railing she was holding gave way, causing her to fall onto the sidewalk and sustain serious injuries. Plaintiff asks judgment of $500,000.
Attorneys: Donald J. Gee of The Gee Law Firm
Filed: 1/12/20223

Richmond Circuit Court

Janet W. Dodgen v. Wal-Mart Stores East, LP
Plaintiff says she was injured on/about April 1, 2019, when she slipped on liquid detergent in the aisle at 14501 Hancock Village St., Chesterfield, and seeks judgment of $75,000.
Attorneys: C. James Williams III of Burnett & Williams
Filed: 1/5/2023

Christopher John McKinney v. Marc A. Huntoon, M.D.; Brian J. Cocchiola, M.D.; Dakota Wine, N.P., CRNA; Vinay Kumaran, M.D.; Sueng Duk Lee, M.D.; Daisuke Imai, M.D.; MCV Associated Physicians d/b/a VCU Health MCV Physicians; Commonwealth of Virginia; and Virginia Commonwealth University Health System
Plaintiff, a resident of Kansas, on Jan. 25, 2021, underwent a segmental hepatectomy at
VCU to donate part of his liver to his father, and says during the 6-hour procedure, because defendants failed to check the positioning/assess his upper extremities, he suffered compression neuropathy of his left ulnar nerve and complex regional pain syndrome. Plaintiff says he still suffers from significant pain, paresthesia and weakness of his left upper extremity and is unable to continue to work as a SWAT officer. Plaintiff asks judgment of $6 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 1/5/2023

Magnolia Hill, L.L.C. v. Power Installations
Plaintiff says defendant is in default of a commercial lease at 2100 Magnolia St., which was to end Sept. 30, 2022, but defendant remained in possession of the property until approximately Nov. 22, 2022. Plaintiff seeks judgment in the principal amount of $44,000.
Attorneys: Trevor B. Reid, Stephen E. Scarce and Meredith L. Yoder of Parker, Pollard, Wilton & Peaden
Filed: 1/6/2023

Kapitus Servicing, Inc. v. Patricia Andrade d/b/a Spring Breeze A/C and Heating
Plaintiff says the Houston business is in default of two financial agreements and seeks judgment in the principal amount of $175,280.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/10/2022

Leslie Schneider, administrator of the estate of Anne Schneider, deceased v. Greenfield Assisted Living of Spotsylvania, LLC; Greenfield of Spotsylvania, LLC; Greenfield Senior Living Management, Inc.; Greenfield Senior Living Management; Greenfield Management, LLC; Greenfield Senior Living, Inc.; and Avani Rajpoot, N.P.
Plaintiff says defendants knew decedent, who was admitted Nov. 9, 2020, was a high fall risk and had serious cognitive impairment, but allowed her to fall on Nov. 12 and fracture her hip, and following surgery, her condition deteriorated and she died on Jan. 10, 2021. Plaintiff alleges negligence and seeks judgment of $10 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 1/10/2023

Marvin Strother, as administrator of the estate of Jean Olga Strother, deceased v. Manorcare-Stratford Hall of Richmond VA LLC t/a Manorcare Health Services-Richmond and eight related entities
Plaintiff says decedent was allowed to fall at least twice under defendants’ care in January 2021, and upon her release from hospital from a knee fracture, was allowed to develop pressure sores, dying on June 24, 2021. Plaintiff alleges negligence and seeks judgment of $3 million.
Attorneys: Robert W. Carter Jr., Mary Estfanous and Kristen T. Wiecking of The Law Offices of Robert W. Carter Jr.
Filed: 1/11/2023

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