The Docket: Local court roundup for 3.16.2

Chesterfield Circuit Court

Catherine T. McClelland v. Dynasty Pools, Inc.
Plaintiff says in September 2021 she contracted with defendant and paid $48,521.96 for a pool to be installed at her home in/around April 2022 to June 2022, and on/around July 2022, well after the contract’s purported termination date, defendant still had not scheduled a delivery/installation date. Plaintiff says she began inquiring about a refund, but defendant has neither installed her pool nor refunded any of her money. Plaintiff seeks compensatory damages of $100,000.
Attorneys: Todd M. Ritter of Hill & Rainey
Filed: 2/23/2023
CL23000689

Kapitus Servicing, Inc. v. Countryside Pools LLC d/b/a Countryside Pools; and Rick Nelson
Plaintiff says the Arkansas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $175,201.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/24/2023
CL23000716

Henrico Circuit Court

AVI-SPL LLC v. Weems Integrated Solutions, LLC
Plaintiff says defendant purchased goods on an open account and has failed to pay the principal sum of $44,741.80.
Attorneys: Matthew D. Huebschman of Shenandoah Law Group
Filed: 3/3/2023
CL23001648

First Call Environmental, LLC v. Custard Insurance Adjusters, Inc. and Quality Carriers, Inc.
Plaintiff says at Quality Carriers’ request, Custard retained plaintiff to perform remediation services in West Virginia and Delaware, and it has not been paid the outstanding balance of $33,015.21.
Attorneys: Kelly J. Bundy and Kimberly Castleman of Hirschler Fleischer
Filed: 3/6/2023
CL23001708

Kapitus Servicing, Inc. v. CST Trading Inc. d/b/a CST Trading; and Chana Goldstein
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $137,000.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/6/2023
CL23001748

Kapitus Servicing, Inc. v. Dynamic Powertrain LLC d/b/a RC Transmission; and Brenda Holcombe
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $122,511.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/6/2023
CL23001754

Barbara T. Peyton v. Costco Wholesale Corporation
Plaintiff says on Nov. 7, 2021, at 9650 W. Broad St., when she was attempting to make a purchase at the optical counter, a stack of insulated freezer boxes being pushed/pulled on a trolley by defendant’s agent suddenly toppled over, striking her and causing multiple injuries. Plaintiff alleges negligence and seeks judgment of $500,000.
Attorneys: Joel R. McClellan and Robin M. Nagel of Marks & Harrison
Filed: 3/9/2023
CL23001834

Richmond Circuit Court

John F. Zacharias; William B. Zacharias; Edward Zacharias; E. Michael Zacharias; Mary Ellen Yates; W. Kenneth Zacharias; Elizabeth Thompson; E. Michael Zacharias, trustee, on behalf of The Anne Marie Worland Shaver Revocable Trust; E. Michael Zacharias, trustee, on behalf of The Margaret E. Worland Brown Revocable Trust; and E. Michael Zacharias, trustee, on behalf of The Matthew P. Worland Revocable Trust v. Ginter Park LLC t/a Ginter Park 2; Ginter Park Development LLC; Chaim Yosef Bialostosky; Avraham Levin; Lake Hills Plaza Holdings LLC; AIC Property Investors LLC; 1500 Park Center Holdings LLC; and 1743 Park Center Holdings LLC
Plaintiffs say in 2020, they were approached by Bialostosky and Levin, two New Jersey-based investors, to acquire 24 apartment buildings and an unimproved parcel along Chamberlayne Ave., and defendants negotiated to acquire the properties, acting through Jackson Point Holdings, not by deed, but rather through first acquiring plaintiffs’ ownership interest in the LLCs and corporation that owned the 25 properties, for $20.3 million. Plaintiffs say $18.7 million was to be paid at settlement and the remaining $1.6 million of the purchase price – funded by defendants’ lender – was to be held in escrow by defendants Bialostosky and Levin and Jackson Point for a period of one year, then released to Jackson Point, which would receive the funds as trustee and agent for plaintiffs and upon immediate collection of the funds, forward them to plaintiffs. Plaintiffs says unbeknownst to them, defendants fraudulently conspired to title the apartment buildings into the name Ginter Park LLC, and the unimproved parcel into the name Ginter Park Development. Plaintiff say defendants combined and conspired to prevent the $1.6 million from being delivered to Jackson Point; instead, the funds were disbursed to defendants. Plaintiffs say defendants have paid only some of the $1.6 million rightfully due and seek damages of $950,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 3/2/2023
CL23001105

Elsy Lynn Kersey v. Darlene Anderson, R.N.; Shenandoah Valley Academy; Potomac Conference Corporation of Seventh-Day Adventists, Inc.; Potomac Conference Corporation of Seventh-Day Adventists; Potomac Conference Education Foundation; Dennis Stanley, pharmacist; Publix Super Markets Inc. d/b/a Publix Pharmacy #1566; Publix North Carolina LP d/b/a Publix Pharmacy 1566; Kelly Fluharty, M.D.; Hanon Pediatrics, PLC; and Ikenna S. Nzeogu
Plaintiff, a minor at the time, says in early 2020 SVA, a private boarding school owned/operated by Seventh-Day Adventists, had been organizing a trip to Argentina, and began communicating the recommendation of a yellow fever vaccine. Plaintiff says at the time, there was a countrywide shortage of the licensed yellow fever vaccine, YF-VAX, and due to the shortage, an unlicensed investigational drug known as the Stamaril vaccine was being made available. Plaintiff says Anderson, the school nurse, and the school took it upon themselves to host a mass inoculation on Feb. 18, 2020, but procured the non-FDA approved Stamaril, without consultation about adverse risks or without receiving informed consent from parents that the students would be receiving the unlicensed drug. Plaintiff says a few weeks after receiving the investigational drug, she became very sick and was admitted to UVA Medical Center, where she was diagnosed with viral encephalitis, with symptoms including paralysis, incoherent speech and loss of neurological function, and spent months in hospitals. Plaintiff says she was diagnosed with multiple sclerosis in 2021, triggered by her initial diagnosis of viral encephalitis and triggered by an adverse reaction to the unlicensed drug. Plaintiff, who says she has severe and permanent physical and mental health injuries and will be prevented from engaging in a regular and gainful occupation, seeks judgment of $100 million.
Attorneys: Emily Mapp Brannon
Filed: 2/27/2023
CL23001140

Central City Towing, LLC v. Jenrola Industries Ltd. and Abdullah Jenrola
Plaintiff says on/about May 30, 2022, it provided emergency towing and recovery services at the site of a tractor-trailer accident on I-95, and defendant has not paid the $65,000 due.
Attorneys: S. Sadiq Gill of Durrette, Arkema, Gerson & Gill
Filed: 3/7/2023
CL23001130

Central City Towing, LLC v. Alexis Group Logistics Co.
Plaintiff says in July 2021, it provided emergency towing and recovery services at the site of a tractor-trailer accident on I-85, and defendant has not paid the $62,013.75 due.
Attorneys: S. Sadiq Gill of Durrette, Arkema, Gerson & Gill
Filed: 3/7/2023
CL23001131

Chesterfield Circuit Court

Catherine T. McClelland v. Dynasty Pools, Inc.
Plaintiff says in September 2021 she contracted with defendant and paid $48,521.96 for a pool to be installed at her home in/around April 2022 to June 2022, and on/around July 2022, well after the contract’s purported termination date, defendant still had not scheduled a delivery/installation date. Plaintiff says she began inquiring about a refund, but defendant has neither installed her pool nor refunded any of her money. Plaintiff seeks compensatory damages of $100,000.
Attorneys: Todd M. Ritter of Hill & Rainey
Filed: 2/23/2023
CL23000689

Kapitus Servicing, Inc. v. Countryside Pools LLC d/b/a Countryside Pools; and Rick Nelson
Plaintiff says the Arkansas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $175,201.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 2/24/2023
CL23000716

Henrico Circuit Court

AVI-SPL LLC v. Weems Integrated Solutions, LLC
Plaintiff says defendant purchased goods on an open account and has failed to pay the principal sum of $44,741.80.
Attorneys: Matthew D. Huebschman of Shenandoah Law Group
Filed: 3/3/2023
CL23001648

First Call Environmental, LLC v. Custard Insurance Adjusters, Inc. and Quality Carriers, Inc.
Plaintiff says at Quality Carriers’ request, Custard retained plaintiff to perform remediation services in West Virginia and Delaware, and it has not been paid the outstanding balance of $33,015.21.
Attorneys: Kelly J. Bundy and Kimberly Castleman of Hirschler Fleischer
Filed: 3/6/2023
CL23001708

Kapitus Servicing, Inc. v. CST Trading Inc. d/b/a CST Trading; and Chana Goldstein
Plaintiff says the New York business is in default of a forward purchase agreement and seeks judgment in the principal amount of $137,000.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/6/2023
CL23001748

Kapitus Servicing, Inc. v. Dynamic Powertrain LLC d/b/a RC Transmission; and Brenda Holcombe
Plaintiff says the Georgia business is in default of a forward purchase agreement and seeks judgment in the principal amount of $122,511.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 3/6/2023
CL23001754

Barbara T. Peyton v. Costco Wholesale Corporation
Plaintiff says on Nov. 7, 2021, at 9650 W. Broad St., when she was attempting to make a purchase at the optical counter, a stack of insulated freezer boxes being pushed/pulled on a trolley by defendant’s agent suddenly toppled over, striking her and causing multiple injuries. Plaintiff alleges negligence and seeks judgment of $500,000.
Attorneys: Joel R. McClellan and Robin M. Nagel of Marks & Harrison
Filed: 3/9/2023
CL23001834

Richmond Circuit Court

John F. Zacharias; William B. Zacharias; Edward Zacharias; E. Michael Zacharias; Mary Ellen Yates; W. Kenneth Zacharias; Elizabeth Thompson; E. Michael Zacharias, trustee, on behalf of The Anne Marie Worland Shaver Revocable Trust; E. Michael Zacharias, trustee, on behalf of The Margaret E. Worland Brown Revocable Trust; and E. Michael Zacharias, trustee, on behalf of The Matthew P. Worland Revocable Trust v. Ginter Park LLC t/a Ginter Park 2; Ginter Park Development LLC; Chaim Yosef Bialostosky; Avraham Levin; Lake Hills Plaza Holdings LLC; AIC Property Investors LLC; 1500 Park Center Holdings LLC; and 1743 Park Center Holdings LLC
Plaintiffs say in 2020, they were approached by Bialostosky and Levin, two New Jersey-based investors, to acquire 24 apartment buildings and an unimproved parcel along Chamberlayne Ave., and defendants negotiated to acquire the properties, acting through Jackson Point Holdings, not by deed, but rather through first acquiring plaintiffs’ ownership interest in the LLCs and corporation that owned the 25 properties, for $20.3 million. Plaintiffs say $18.7 million was to be paid at settlement and the remaining $1.6 million of the purchase price – funded by defendants’ lender – was to be held in escrow by defendants Bialostosky and Levin and Jackson Point for a period of one year, then released to Jackson Point, which would receive the funds as trustee and agent for plaintiffs and upon immediate collection of the funds, forward them to plaintiffs. Plaintiffs says unbeknownst to them, defendants fraudulently conspired to title the apartment buildings into the name Ginter Park LLC, and the unimproved parcel into the name Ginter Park Development. Plaintiff say defendants combined and conspired to prevent the $1.6 million from being delivered to Jackson Point; instead, the funds were disbursed to defendants. Plaintiffs say defendants have paid only some of the $1.6 million rightfully due and seek damages of $950,000.
Attorneys: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Filed: 3/2/2023
CL23001105

Elsy Lynn Kersey v. Darlene Anderson, R.N.; Shenandoah Valley Academy; Potomac Conference Corporation of Seventh-Day Adventists, Inc.; Potomac Conference Corporation of Seventh-Day Adventists; Potomac Conference Education Foundation; Dennis Stanley, pharmacist; Publix Super Markets Inc. d/b/a Publix Pharmacy #1566; Publix North Carolina LP d/b/a Publix Pharmacy 1566; Kelly Fluharty, M.D.; Hanon Pediatrics, PLC; and Ikenna S. Nzeogu
Plaintiff, a minor at the time, says in early 2020 SVA, a private boarding school owned/operated by Seventh-Day Adventists, had been organizing a trip to Argentina, and began communicating the recommendation of a yellow fever vaccine. Plaintiff says at the time, there was a countrywide shortage of the licensed yellow fever vaccine, YF-VAX, and due to the shortage, an unlicensed investigational drug known as the Stamaril vaccine was being made available. Plaintiff says Anderson, the school nurse, and the school took it upon themselves to host a mass inoculation on Feb. 18, 2020, but procured the non-FDA approved Stamaril, without consultation about adverse risks or without receiving informed consent from parents that the students would be receiving the unlicensed drug. Plaintiff says a few weeks after receiving the investigational drug, she became very sick and was admitted to UVA Medical Center, where she was diagnosed with viral encephalitis, with symptoms including paralysis, incoherent speech and loss of neurological function, and spent months in hospitals. Plaintiff says she was diagnosed with multiple sclerosis in 2021, triggered by her initial diagnosis of viral encephalitis and triggered by an adverse reaction to the unlicensed drug. Plaintiff, who says she has severe and permanent physical and mental health injuries and will be prevented from engaging in a regular and gainful occupation, seeks judgment of $100 million.
Attorneys: Emily Mapp Brannon
Filed: 2/27/2023
CL23001140

Central City Towing, LLC v. Jenrola Industries Ltd. and Abdullah Jenrola
Plaintiff says on/about May 30, 2022, it provided emergency towing and recovery services at the site of a tractor-trailer accident on I-95, and defendant has not paid the $65,000 due.
Attorneys: S. Sadiq Gill of Durrette, Arkema, Gerson & Gill
Filed: 3/7/2023
CL23001130

Central City Towing, LLC v. Alexis Group Logistics Co.
Plaintiff says in July 2021, it provided emergency towing and recovery services at the site of a tractor-trailer accident on I-85, and defendant has not paid the $62,013.75 due.
Attorneys: S. Sadiq Gill of Durrette, Arkema, Gerson & Gill
Filed: 3/7/2023
CL23001131

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