The Docket: Local court roundup for 2.9.23

Chesterfield Circuit Court

Eunishia V. Crawford v. Boddie-Noell Enterprises, Inc.
Plaintiff says she got food poisoning from the Hardee’s at 13736 Hull St., Midlothian, and seeks $72,000 in damages.
Attorneys: Ryan T. Walker and Sharif L. Gray of Marks & Harrison
Filed: 1/25/2023
CL23000282

Michael Boerner v. Joseph S. Kennedy, C.S.C.S., D.C; Chiropractic Centers of Virginia; and Richard Pope
Plaintiff says he sought treatment on/about Jan. 28, 2021, for a flare-up of his lower back pain, and Kennedy informed him of a new treatment device called REACT, designed to provide magnetic stimulation, and at least 2 times plaintiff says he reminded defendant that he had a spinal cord stimulator implanted and asked if it were safe and was assured it was. Plaintiff says Pope began to use the device and he felt 2 excruciating shocks that lifted him off the table; that the damaged spinal cord stimulator had to be removed by a neurosurgeon; and that the device manufacturer determined that the device was destroyed and that the battery and fuse were “blown” in the treatment. Plaintiff says the negligence has caused severe pain and permanent injuries, including to his heart, and seeks judgment of $3 million.
Attorneys: J. Thompson Cravens, David Noll and Tameka Robinson of Cravens & Noll
Filed: 1/25/2023
CL23000292

Kapitus Servicing, Inc. v. McDonald Manufacturing, Inc. d/b/a McDonald Manufacturing; and Paul E. McDonald
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $197,475.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/26/2023
CL23000302

Kapitus Servicing, Inc. v. Kitchen Ready Cabinets Corp d/b/a Kitchen Ready Cabinets; and Adam Mendez
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $123,856.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/26/2023
CL23000304

Itria Ventures LLC v. Will & Wen Landscape and Tree Service; William Benitez II; and Joshua Lee Shepard
Plaintiff says the Chesterfield company is in default of a financial agreement and seeks the principal amount of $43,145.60.
Attorneys: Michael M. Brackman, Christopher M. FitzPatrick and Craig A. Parker of Parker, Simon & Kokolis
Filed: 1/27/2023
CL23000318

American Interstate Insurance Company v. Sweetie Boy Transportation, LLC d/b/a Sweetie Boy Transport
Plaintiff says following an audit, defendant owes an additional $73,916.39 in workers’ compensation and liability policies, and defendant has refused to pay.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 1/31/2023
CL23000360

Henrico Circuit Court

Kapitus Servicing, Inc. v. Frost Mechanical, LLC d/b/a Frost Mechanical; and Michael Tognaci
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $112,323.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/30/2023
CL23000751

Richmond Circuit Court

Tiffany P. Patton v. Bon Secours-S. Mary’s Hospital of Richmond, LLC; Richmond Emergency Physicians, Inc.; David B. Arthur, PA-C; Gregory N. Lamb, MD; Commonwealth Radiology, P.C.; Amos Q. Habib, MD; Bethanie C. Kelley, NP; John Randolph Ob/Gyn, LLC d/b/a Virginia Complete Care for Women, Chester; Chippenham & Johnston-Willis Hospital, Inc. d/b/a CJW Medical Center Chippenham Campus; Robert T. Wilson, MD; Christopher Manipula, MD; Kiernan G. Cross, MD; Radiology Associates of Richmond, Inc.; HCA Inc.; and HCA Physician Services, Inc.
Plaintiff says in January 2019 she presented at defendant facilities and was assessed by defendants for severe lower right quadrant abdominal pain. Because of defendant’s negligence and failure to diagnose ovarian torsion, her right ovary and fallopian tube was removed at age 31, plaintiff says, greatly reducing her chances of becoming pregnant. Plaintiff seeks judgment of $3 million.
Attorneys: Charles R. Carlton and Charlie D. Morrison of Gentry Locke
Filed: 1/25/2023
CL23000436

Loehr Lightning Protection Co. v. Abario Realty, Inc.
Plaintiff says defendant has failed to provide full and complete payment for a lightning protection system installed at a condominium project in Gaithersburg, Md., and seeks judgment of $42,293.
Attorneys: Bruce E. Arkema and Matthew B. Arkema of Durrette, Arkema, Gerson & Gill
Filed: 1/26/2023
CL23000497

Antonio Geter, Corey J. Jeter and William D. Evans v. Rolls-Royce Crosspointe LLC
Plaintiffs, former employees who worked in the same department at the same job, allege race discrimination at the manufacturing facility and seek back pay, front pay and compensatory damages to be determined at trial.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 1/26/2023
CL23000439

Shield Family Limited Partnership I v. Johnson Capital LLC and David L. Johnson
Plaintiff says defendant is in default of a loan and seeks judgment of $39,205.98.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000442

Edward H. Shield d/b/a ALGC LLC v. Johnson Capital LLC and David L. Johnson
Plaintiff says between November 2016 and February 2019, it loaned $147,000 to provide necessary capital for defendant to fund several leases to its customers, and defendant has failed to remit a portion of each lease monthly to plaintiff. Plaintiff seeks judgment of $105,579.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000443

Med One Limited Partnership v. Johnson Capital LLC and David L. Johnson
Plaintiff says between April 2016 and September 2017, it loaned $218,000 to provide necessary capital for defendant to fund several leases to its customers, and defendant has failed to remit a portion of each lease monthly to plaintiff. on a Plaintiff seeks judgment of $142,409.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000444

Joseph Carter v. Ahmet Baykal, M.D.; MCV Associated Physicians d/b/a VCU Health MCV Physicians; Commonwealth of Virginia; and Virginia Commonwealth University Health System
Plaintiff says on Feb. 3, 2021, he fell, striking the back of his head on concrete, and was transported to VCU Medical Center emergency department, where he was admitted to the trauma unit. Plaintiff says because defendants failed to recognize, diagnose and communicate his epidural hematoma, he had to undergo neurosurgery on Feb. 6, and continues to suffer from left hemiparesis, neurological and motor deficits. Plaintiff seeks judgment of $8 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 1/31/2023
CL23000607

Chesterfield Circuit Court

Eunishia V. Crawford v. Boddie-Noell Enterprises, Inc.
Plaintiff says she got food poisoning from the Hardee’s at 13736 Hull St., Midlothian, and seeks $72,000 in damages.
Attorneys: Ryan T. Walker and Sharif L. Gray of Marks & Harrison
Filed: 1/25/2023
CL23000282

Michael Boerner v. Joseph S. Kennedy, C.S.C.S., D.C; Chiropractic Centers of Virginia; and Richard Pope
Plaintiff says he sought treatment on/about Jan. 28, 2021, for a flare-up of his lower back pain, and Kennedy informed him of a new treatment device called REACT, designed to provide magnetic stimulation, and at least 2 times plaintiff says he reminded defendant that he had a spinal cord stimulator implanted and asked if it were safe and was assured it was. Plaintiff says Pope began to use the device and he felt 2 excruciating shocks that lifted him off the table; that the damaged spinal cord stimulator had to be removed by a neurosurgeon; and that the device manufacturer determined that the device was destroyed and that the battery and fuse were “blown” in the treatment. Plaintiff says the negligence has caused severe pain and permanent injuries, including to his heart, and seeks judgment of $3 million.
Attorneys: J. Thompson Cravens, David Noll and Tameka Robinson of Cravens & Noll
Filed: 1/25/2023
CL23000292

Kapitus Servicing, Inc. v. McDonald Manufacturing, Inc. d/b/a McDonald Manufacturing; and Paul E. McDonald
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $197,475.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 1/26/2023
CL23000302

Kapitus Servicing, Inc. v. Kitchen Ready Cabinets Corp d/b/a Kitchen Ready Cabinets; and Adam Mendez
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $123,856.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/26/2023
CL23000304

Itria Ventures LLC v. Will & Wen Landscape and Tree Service; William Benitez II; and Joshua Lee Shepard
Plaintiff says the Chesterfield company is in default of a financial agreement and seeks the principal amount of $43,145.60.
Attorneys: Michael M. Brackman, Christopher M. FitzPatrick and Craig A. Parker of Parker, Simon & Kokolis
Filed: 1/27/2023
CL23000318

American Interstate Insurance Company v. Sweetie Boy Transportation, LLC d/b/a Sweetie Boy Transport
Plaintiff says following an audit, defendant owes an additional $73,916.39 in workers’ compensation and liability policies, and defendant has refused to pay.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 1/31/2023
CL23000360

Henrico Circuit Court

Kapitus Servicing, Inc. v. Frost Mechanical, LLC d/b/a Frost Mechanical; and Michael Tognaci
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $112,323.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 1/30/2023
CL23000751

Richmond Circuit Court

Tiffany P. Patton v. Bon Secours-S. Mary’s Hospital of Richmond, LLC; Richmond Emergency Physicians, Inc.; David B. Arthur, PA-C; Gregory N. Lamb, MD; Commonwealth Radiology, P.C.; Amos Q. Habib, MD; Bethanie C. Kelley, NP; John Randolph Ob/Gyn, LLC d/b/a Virginia Complete Care for Women, Chester; Chippenham & Johnston-Willis Hospital, Inc. d/b/a CJW Medical Center Chippenham Campus; Robert T. Wilson, MD; Christopher Manipula, MD; Kiernan G. Cross, MD; Radiology Associates of Richmond, Inc.; HCA Inc.; and HCA Physician Services, Inc.
Plaintiff says in January 2019 she presented at defendant facilities and was assessed by defendants for severe lower right quadrant abdominal pain. Because of defendant’s negligence and failure to diagnose ovarian torsion, her right ovary and fallopian tube was removed at age 31, plaintiff says, greatly reducing her chances of becoming pregnant. Plaintiff seeks judgment of $3 million.
Attorneys: Charles R. Carlton and Charlie D. Morrison of Gentry Locke
Filed: 1/25/2023
CL23000436

Loehr Lightning Protection Co. v. Abario Realty, Inc.
Plaintiff says defendant has failed to provide full and complete payment for a lightning protection system installed at a condominium project in Gaithersburg, Md., and seeks judgment of $42,293.
Attorneys: Bruce E. Arkema and Matthew B. Arkema of Durrette, Arkema, Gerson & Gill
Filed: 1/26/2023
CL23000497

Antonio Geter, Corey J. Jeter and William D. Evans v. Rolls-Royce Crosspointe LLC
Plaintiffs, former employees who worked in the same department at the same job, allege race discrimination at the manufacturing facility and seek back pay, front pay and compensatory damages to be determined at trial.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 1/26/2023
CL23000439

Shield Family Limited Partnership I v. Johnson Capital LLC and David L. Johnson
Plaintiff says defendant is in default of a loan and seeks judgment of $39,205.98.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000442

Edward H. Shield d/b/a ALGC LLC v. Johnson Capital LLC and David L. Johnson
Plaintiff says between November 2016 and February 2019, it loaned $147,000 to provide necessary capital for defendant to fund several leases to its customers, and defendant has failed to remit a portion of each lease monthly to plaintiff. Plaintiff seeks judgment of $105,579.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000443

Med One Limited Partnership v. Johnson Capital LLC and David L. Johnson
Plaintiff says between April 2016 and September 2017, it loaned $218,000 to provide necessary capital for defendant to fund several leases to its customers, and defendant has failed to remit a portion of each lease monthly to plaintiff. on a Plaintiff seeks judgment of $142,409.
Attorneys: James E. Kane of Kane & Papa
Filed: 1/26/2023
CL23000444

Joseph Carter v. Ahmet Baykal, M.D.; MCV Associated Physicians d/b/a VCU Health MCV Physicians; Commonwealth of Virginia; and Virginia Commonwealth University Health System
Plaintiff says on Feb. 3, 2021, he fell, striking the back of his head on concrete, and was transported to VCU Medical Center emergency department, where he was admitted to the trauma unit. Plaintiff says because defendants failed to recognize, diagnose and communicate his epidural hematoma, he had to undergo neurosurgery on Feb. 6, and continues to suffer from left hemiparesis, neurological and motor deficits. Plaintiff seeks judgment of $8 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 1/31/2023
CL23000607

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