The Docket: Local court roundup for 4.20.23

Henrico Circuit Court

American Express National Bank v. Carter Mackey and Tekton RVA LLC d/b/a Tekton Brick & Stone
Plaintiff says defendant has defaulted on a credit account and seeks judgment of $48,694.67.
Attorneys: Pete Kubin of Levy Law Firm Co.
Filed: 4/6/2023
CL23002603

Kapitus Servicing, Inc. v. A & M Satellites LLC d/b/a A & M Satellites; and Amber Smitte
Plaintiff says the Pennsylvania business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,696.91.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/7/2023
CL23002681

Joseph Patrick Cohen Jr. v. Canterbury Operator, LLC d/b/a Canterbury Rehabilitation and Healthcare Center; Quinto Delta, LLC; UKR Consulting, LLC; Cedarbridge Care Services, LLC; and Marquis Health Services, LLC
Plaintiff says shortly after entering the facility on/around 9 p.m. on April 15, 2021, for rehab following an injury after a vehicle crashed into his home, he was placed in a room with another male, Donald Lee Hartman, and was told a nurse would come in to check on him. Plaintiff says he couldn’t locate a call bell, so began to call out verbally, but no one came due to the lack of monitoring, and Hartman sexually assaulted him. Plaintiff says defendants failed to protect him from abuse and failed to take action against Hartman – who was ultimately charged with aggravated sexual battery – resulting in psychosocial harm. Plaintiff seeks judgment of $2.45 million.
Attorneys: Avery Adcock of Senior Justice Law Firm
Filed: 4/10/2023
CL23002688

Kapitus Servicing, Inc. v. Delta Wholesale Tire Center, Inc. d/b/a Delta Tire; and Kyle Krupa
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $285,967.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/11/2023
CL23002689

Tracy Banks v. DYNProperty, LLC and Stephen Harrell
Plaintiff says defendants have failed to repay loans and seeks judgment of $30,000.
Attorneys; Arthur L. Weiss
Filed: 4/11/2023
CL23002702

Unwanna Dabney v. Fabling Built, LLC
Plaintiff says she paid defendant $99,712.50 for home renovation work it agreed to perform, and defendant commenced on/about Feb. 3, 2023. Plaintiff says on March 15 she received an email from Casey Fabling that said Fabling would “be shutting down operations effective immediately” because of “financial difficulties.” Plaintiff says less than $21,595 of work had been completed, that she has not been reimbursed, and that defendant knew it was experiencing dire financial difficulties that would make completing the work impossible but concealed that information, that her home has been left in an unsafe and unfit condition, and that she is paying interest on a $100,000 loan secured for the renovation. Plaintiff alleges breach of contract, conversion and fraud and seeks judgment of no less than $150,000.
Attorneys: Kevin W. Mottley and Benjamin P. Kyer of The Mottley Law Firm
Filed: 4/11/2023
CL23002704

PickupJob, Inc. v. Covintus, Inc.
Plaintiff says it contracted with defendant to develop a mobile application for its delivery services business and paid an upfront deposit of $65,300, but defendant has failed to deliver a working application and refuses to return the money. Plaintiff seeks damages of $65,300.
Attorneys: Stephen M. Faraci and Caitlin E. Turner-Lafving of Whiteford, Taylor & Preston
Filed: 4/11/2023
CL23002723

Richmond Circuit Court

Frances Fenner v. Centrum Kings Crest Limited Partnership and Franklin Johnston Group Management & Development, LLC
Plaintiff says on May 16, 2021, as she was entering Kings Crest Senior Apartments in Fredericksburg on her walker, the mechanical door closed prematurely, striking her and causing her to fall. Plaintiff asks damages of $500,000.
Attorneys: Brooke Taylor of Reinhardt | Harper | Davis
Filed: 3/30/2023
CL23001641

Keith Noble v. Jane Doe #1 and Family Dollar Stores of Virginia, LLC d/b/a Family Dollar Store #1377; and Jane Doe #2 and Dolgen, LLC d/b/a Dollar General #12648
Plaintiff says on/about June 8, 2022, he first went to the Family Dollar store at 3110 Jefferson Davis Highway to find an adult backpack, and when he couldn’t find one, went to the Dollar General at 3301 Jefferson Davis Highway on foot, where Jane Doe #2 said he couldn’t come in because Jane Doe #1 had called and told her that he was shoplifting, and Doe began to make loud and derogatory comments toward him. Plaintiff alleges defamation and seeks judgment of $1.5 million, and punitive damages of $350,000.
Attorneys: Thomas H. Roberts, Jonathan M. Arthur and Andrew T. Bodoh of Thomas H. Roberts & Associates
Filed: 3/31/2023
CL23001648

Economic Development Authority of the City of Richmond v. Max Holdings, LLC and Thomas H.K. Davis
Plaintiff says defendant is in default of a loan since on/before Oct. 13, 2022, and seeks the principal amount of $250,000.
Attorneys: James W. Curry of Nguyan|Ballato
Filed: 4/4/2023
CL23001659

Capital Lighting & Supply, LLC d/b/a Capital Electric v. Arroman Industries Corp.; Clyde E. Cummings; Aaron Cummings; and Markel Insurance Company
Plaintiff says defendant purchased electrical materials on credit and has failed to pay $152,314.60 due.
Attorneys: John D. Purdy of Purdy Law Firm
Filed: 4/4/2023
CL23001661

Andrew Wyche v. Church Hill Activities & Tutoring, Inc. and Madelyn Melchert
Plaintiff, a minor, says on/about April 14, 2022, at an after-school program, he was operating a power tool known as a jointer at the request and for the benefit of defendants, and Melchert left plaintiff and other students unattended to go to another part of the building, with instructions to keep operating the jointer, and he traumatically amputated two fingers on his dominant right hand, causing deformity and anguish. Plaintiff alleges gross negligence and seeks judgment of $5 million.
Attorneys: Jay Tronfeld and Joseph Robertson of Tronfeld West & Durrett
Filed: 4/6/2023
CL23001671

Angela Hurley v. Doctors’ Chiropractic & Rehab, P.C. d/b/a Advanced Wellness Centre d/b/a Advanced Health & Rehab, P.C. d/b/a Active Physical Rehabilitation d/b/a Health Fairs Plus of Richmond d/b/a Injury Center; Bon Air Chiropractic Clinic; Michael D. Pollock, M.D., P.C.; Michael D. Pollock, D.C., P.C.; and Michael Dennis Pollock
Plaintiff says on May 17, 2021, at 3536 Grove Ave., Pollock touched her in an inappropriate, unprofessional and sexually changed manner. Defendant’s license was permanently surrendered on Aug. 1, 2022, due in part to Pollock’s treatment of her, plaintiff says, and he had a long history of disciplinary actions taken against him regarding sexual misconduct toward patients and employees, of which defendant company was aware or should have known. Plaintiff says she has suffered severe and permanent injuries as the result of defendants’ negligence and seeks judgment of $5.69 million.
Attorneys: Stephanie E. Grana, Jeffrey N. Stedman and Dascher Pasco of Cantor Grana Buckner Bucci
Filed: 4/6/2023
CL23001675

Bobby L. Gambrell v. Canterbury Operator, LLC d/b/a Canterbury Rehabilitation & Healthcare Center; Marquis Health Consulting Services, LLC; and Jane Doe
Plaintiff says on/about April 22, 2022, Doe violently pushed open an interior door without ensuring the path was clear, striking his wheelchair and causing the hot contents of a tray to spill onto his lap, resulting in permanent injuries. Plaintiff claims damages of $1.5 million.
Attorneys: Miranda R. Mayhill and Gregory T. O’Halloran of The Joel Bieber Firm
Filed: 4/6/2023
CL23001678

Taylor N. Vanlandingham v. Doctors’ Chiropractic & Rehab, P.C. d/b/a Advanced Wellness Centre d/b/a Advanced Health & Rehab, P.C. d/b/a Active Physical Rehabilitation d/b/a Health Fairs Plus of Richmond d/b/a Injury Center; Bon Air Chiropractic Clinic; Michael D. Pollock, M.D., P.C.; Michael D. Pollock, D.C., P.C.; and Michael Dennis Pollock
Plaintiff says on May 17, 2021, at 3536 Grove Ave., Pollock rubbed his penis against her head and pushed upward on her vaginal area with the palm of his hand while alternately holding each of her legs, which she reported to police. Defendant’s license was permanently surrendered on Aug. 1, 2022, due in part to Pollock’s treatment of her, plaintiff says, and he had a long history of disciplinary actions taken against him regarding sexual misconduct toward patients and employees, of which defendant company was aware or should have known. Plaintiff says she has suffered severe and permanent injuries as the result of defendants’ negligence and seeks judgment of $9.44 million.
Attorneys: Stephanie E. Grana, Jeffrey N. Stedman and Dascher Pasco of Cantor Grana Buckner Bucci
Filed: 4/6/2023
CL23001696

Kapitus Servicing, Inc. v. MKMB Corp. d/b/a The Office Professionals; Matthew Caliandro; and Katherine Maden
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $121,755.
Attorneys: Nhon H. Nguyen, Charles D. Waters and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/6/2023
CL23001910

 

Henrico Circuit Court

American Express National Bank v. Carter Mackey and Tekton RVA LLC d/b/a Tekton Brick & Stone
Plaintiff says defendant has defaulted on a credit account and seeks judgment of $48,694.67.
Attorneys: Pete Kubin of Levy Law Firm Co.
Filed: 4/6/2023
CL23002603

Kapitus Servicing, Inc. v. A & M Satellites LLC d/b/a A & M Satellites; and Amber Smitte
Plaintiff says the Pennsylvania business is in default of a forward purchase agreement and seeks judgment in the principal amount of $138,696.91.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/7/2023
CL23002681

Joseph Patrick Cohen Jr. v. Canterbury Operator, LLC d/b/a Canterbury Rehabilitation and Healthcare Center; Quinto Delta, LLC; UKR Consulting, LLC; Cedarbridge Care Services, LLC; and Marquis Health Services, LLC
Plaintiff says shortly after entering the facility on/around 9 p.m. on April 15, 2021, for rehab following an injury after a vehicle crashed into his home, he was placed in a room with another male, Donald Lee Hartman, and was told a nurse would come in to check on him. Plaintiff says he couldn’t locate a call bell, so began to call out verbally, but no one came due to the lack of monitoring, and Hartman sexually assaulted him. Plaintiff says defendants failed to protect him from abuse and failed to take action against Hartman – who was ultimately charged with aggravated sexual battery – resulting in psychosocial harm. Plaintiff seeks judgment of $2.45 million.
Attorneys: Avery Adcock of Senior Justice Law Firm
Filed: 4/10/2023
CL23002688

Kapitus Servicing, Inc. v. Delta Wholesale Tire Center, Inc. d/b/a Delta Tire; and Kyle Krupa
Plaintiff says the Michigan business is in default of a forward purchase agreement and seeks judgment in the principal amount of $285,967.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 4/11/2023
CL23002689

Tracy Banks v. DYNProperty, LLC and Stephen Harrell
Plaintiff says defendants have failed to repay loans and seeks judgment of $30,000.
Attorneys; Arthur L. Weiss
Filed: 4/11/2023
CL23002702

Unwanna Dabney v. Fabling Built, LLC
Plaintiff says she paid defendant $99,712.50 for home renovation work it agreed to perform, and defendant commenced on/about Feb. 3, 2023. Plaintiff says on March 15 she received an email from Casey Fabling that said Fabling would “be shutting down operations effective immediately” because of “financial difficulties.” Plaintiff says less than $21,595 of work had been completed, that she has not been reimbursed, and that defendant knew it was experiencing dire financial difficulties that would make completing the work impossible but concealed that information, that her home has been left in an unsafe and unfit condition, and that she is paying interest on a $100,000 loan secured for the renovation. Plaintiff alleges breach of contract, conversion and fraud and seeks judgment of no less than $150,000.
Attorneys: Kevin W. Mottley and Benjamin P. Kyer of The Mottley Law Firm
Filed: 4/11/2023
CL23002704

PickupJob, Inc. v. Covintus, Inc.
Plaintiff says it contracted with defendant to develop a mobile application for its delivery services business and paid an upfront deposit of $65,300, but defendant has failed to deliver a working application and refuses to return the money. Plaintiff seeks damages of $65,300.
Attorneys: Stephen M. Faraci and Caitlin E. Turner-Lafving of Whiteford, Taylor & Preston
Filed: 4/11/2023
CL23002723

Richmond Circuit Court

Frances Fenner v. Centrum Kings Crest Limited Partnership and Franklin Johnston Group Management & Development, LLC
Plaintiff says on May 16, 2021, as she was entering Kings Crest Senior Apartments in Fredericksburg on her walker, the mechanical door closed prematurely, striking her and causing her to fall. Plaintiff asks damages of $500,000.
Attorneys: Brooke Taylor of Reinhardt | Harper | Davis
Filed: 3/30/2023
CL23001641

Keith Noble v. Jane Doe #1 and Family Dollar Stores of Virginia, LLC d/b/a Family Dollar Store #1377; and Jane Doe #2 and Dolgen, LLC d/b/a Dollar General #12648
Plaintiff says on/about June 8, 2022, he first went to the Family Dollar store at 3110 Jefferson Davis Highway to find an adult backpack, and when he couldn’t find one, went to the Dollar General at 3301 Jefferson Davis Highway on foot, where Jane Doe #2 said he couldn’t come in because Jane Doe #1 had called and told her that he was shoplifting, and Doe began to make loud and derogatory comments toward him. Plaintiff alleges defamation and seeks judgment of $1.5 million, and punitive damages of $350,000.
Attorneys: Thomas H. Roberts, Jonathan M. Arthur and Andrew T. Bodoh of Thomas H. Roberts & Associates
Filed: 3/31/2023
CL23001648

Economic Development Authority of the City of Richmond v. Max Holdings, LLC and Thomas H.K. Davis
Plaintiff says defendant is in default of a loan since on/before Oct. 13, 2022, and seeks the principal amount of $250,000.
Attorneys: James W. Curry of Nguyan|Ballato
Filed: 4/4/2023
CL23001659

Capital Lighting & Supply, LLC d/b/a Capital Electric v. Arroman Industries Corp.; Clyde E. Cummings; Aaron Cummings; and Markel Insurance Company
Plaintiff says defendant purchased electrical materials on credit and has failed to pay $152,314.60 due.
Attorneys: John D. Purdy of Purdy Law Firm
Filed: 4/4/2023
CL23001661

Andrew Wyche v. Church Hill Activities & Tutoring, Inc. and Madelyn Melchert
Plaintiff, a minor, says on/about April 14, 2022, at an after-school program, he was operating a power tool known as a jointer at the request and for the benefit of defendants, and Melchert left plaintiff and other students unattended to go to another part of the building, with instructions to keep operating the jointer, and he traumatically amputated two fingers on his dominant right hand, causing deformity and anguish. Plaintiff alleges gross negligence and seeks judgment of $5 million.
Attorneys: Jay Tronfeld and Joseph Robertson of Tronfeld West & Durrett
Filed: 4/6/2023
CL23001671

Angela Hurley v. Doctors’ Chiropractic & Rehab, P.C. d/b/a Advanced Wellness Centre d/b/a Advanced Health & Rehab, P.C. d/b/a Active Physical Rehabilitation d/b/a Health Fairs Plus of Richmond d/b/a Injury Center; Bon Air Chiropractic Clinic; Michael D. Pollock, M.D., P.C.; Michael D. Pollock, D.C., P.C.; and Michael Dennis Pollock
Plaintiff says on May 17, 2021, at 3536 Grove Ave., Pollock touched her in an inappropriate, unprofessional and sexually changed manner. Defendant’s license was permanently surrendered on Aug. 1, 2022, due in part to Pollock’s treatment of her, plaintiff says, and he had a long history of disciplinary actions taken against him regarding sexual misconduct toward patients and employees, of which defendant company was aware or should have known. Plaintiff says she has suffered severe and permanent injuries as the result of defendants’ negligence and seeks judgment of $5.69 million.
Attorneys: Stephanie E. Grana, Jeffrey N. Stedman and Dascher Pasco of Cantor Grana Buckner Bucci
Filed: 4/6/2023
CL23001675

Bobby L. Gambrell v. Canterbury Operator, LLC d/b/a Canterbury Rehabilitation & Healthcare Center; Marquis Health Consulting Services, LLC; and Jane Doe
Plaintiff says on/about April 22, 2022, Doe violently pushed open an interior door without ensuring the path was clear, striking his wheelchair and causing the hot contents of a tray to spill onto his lap, resulting in permanent injuries. Plaintiff claims damages of $1.5 million.
Attorneys: Miranda R. Mayhill and Gregory T. O’Halloran of The Joel Bieber Firm
Filed: 4/6/2023
CL23001678

Taylor N. Vanlandingham v. Doctors’ Chiropractic & Rehab, P.C. d/b/a Advanced Wellness Centre d/b/a Advanced Health & Rehab, P.C. d/b/a Active Physical Rehabilitation d/b/a Health Fairs Plus of Richmond d/b/a Injury Center; Bon Air Chiropractic Clinic; Michael D. Pollock, M.D., P.C.; Michael D. Pollock, D.C., P.C.; and Michael Dennis Pollock
Plaintiff says on May 17, 2021, at 3536 Grove Ave., Pollock rubbed his penis against her head and pushed upward on her vaginal area with the palm of his hand while alternately holding each of her legs, which she reported to police. Defendant’s license was permanently surrendered on Aug. 1, 2022, due in part to Pollock’s treatment of her, plaintiff says, and he had a long history of disciplinary actions taken against him regarding sexual misconduct toward patients and employees, of which defendant company was aware or should have known. Plaintiff says she has suffered severe and permanent injuries as the result of defendants’ negligence and seeks judgment of $9.44 million.
Attorneys: Stephanie E. Grana, Jeffrey N. Stedman and Dascher Pasco of Cantor Grana Buckner Bucci
Filed: 4/6/2023
CL23001696

Kapitus Servicing, Inc. v. MKMB Corp. d/b/a The Office Professionals; Matthew Caliandro; and Katherine Maden
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $121,755.
Attorneys: Nhon H. Nguyen, Charles D. Waters and Timothy A. Hennigan of Nguyen|Ballato
Filed: 4/6/2023
CL23001910

 

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