The Docket: Local court roundup for 5.11.23

Chesterfield Circuit Court

Railey Hill Investments, LLC v. Chih-Ping Dennis Kao; MCH Health Inc.; Paladin Dermatology, LLC; Mansilla Medical Practice, PC; MCH Concepts, LLC; and Proactive Information Management LLC
Plaintiff says defendants, in two separate leases, leased property at 360-B Brown’s Hill Court, Midlothian, beginning June 1, 2020, for a 5-year period, and that defendants have failed to pay the full amount of rent owed and that Kao made false representations to plaintiff to induce its consent to signing the leases. Plaintiff asks damages of $2,135,036.56.
Attorneys: Stewart R. Pollock of Moran Reeves & Conn
Filed: 5/3/2023
CL23001694

Resmed Corp. v. Premier Diagnostics of Virginia, Inc. and Marvet Joye f/k/a Marvet Powell
Plaintiff says it provided medical supplies and equipment April-October 2022, for which defendant has failed to pay the $225,089.72 due.
Attorneys: Ronald William Stern
Filed: 5/3/2023
CL23001699

Gaven Johnson v. Niagara Bottling, LLC and Meadowville Technology Properties LLC
Plaintiff says on/about May 7, 2021, as an employee of Superior Lighting, which had begun to install lights inside the Chesterfield warehouse owned at the time by Meadowville, and on that day defendants utilized approximately 50 autonomous forklifts in the warehouse, when the month before plaintiff and others had been working in areas without autonomous forklifts. Plaintiff says the company requested that defendant disable the forklifts long enough for company employees to safely complete the work, a request that was denied, and when plaintiff tried to stop a forklift from colliding with a boom lift they were using to work, his foot was run over by the boom lift, pinning it for 15 minutes before help arrived. Plaintiff says he had to undergo multiple surgeries and suffered permanent injuries, and seeks compensatory damages of $1 million.
Attorneys: Jon Wood of Reinhart | Harper | Davis
Filed: 5/3/2023
CL23001715

WS Connelly & Co., Inc. d/b/a Landscape Supply, Inc. d/b/a Environmental Construction Solutions v. J.E. Shurden Construction, LLC
Plaintiff says it supplied landscaping materials on credit and is owed $32,406.09.
Attorneys: William A. Young III
Filed: 5/4/2023
CL32001718

Henrico Circuit Court

Rhetta M. Daniel v. Henry Howell III, Esquire and The Eminent Domain Litigation Group, PLC
Plaintiff says if not for defendants’ incompetence and malpractice representing her in a Virginia State Bar misconduct case, she would not have had her license to practice law in Virginia revoked or lost her rights to practice law as she had for almost 42 years. Plaintiff seeks judgment of $5 million.
Attorneys: Rhetta M. Daniel, JD, pro se
Filed: 5/1/2023
CL23003176

Maureen Brown, administrator of the estate of Charles Brown, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; LHCC Properties, LLC; Laurel Health Care Holdings, Inc.; Laurel Healthcare Company; and Kisha Derry, LPN
Plaintiff says defendants, including Derry, knew decedent was a high fall risk, but permitted him to rise, stand and walk to the bathroom without attempting to help him, and on May 19, 2021, he fell and fractured his hip and his condition deteriorated until his death on June 15. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 5/1/2023
CL23003182

Joy Williams, administrator of the estate of Nellie Wilkerson, deceased v. Appomattox Care Center, LLC d/b/a Appomattox Health & Rehabilitation Center; Medical Facilities of America XLVI Limited Partnership; LTC Holdings, Inc.; and Kayla Collins, CNA
Plaintiff says defendants permitted Wilkerson to fall several times at the facility beginning November 2018 and failed to implement a care plan calling for two people to assist her toilet transfer, and on April 17, 2022, with Collins only assisting her, she fell and fractured her hip, deteriorating and dying on April 22. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 5/1/2023
CL23003184

Instafunders LLC v. Whisk, LLC and William Edgar Bryan
Plaintiff says the Richmond-based company is in breach of a future receivables agreement and seeks judgment of $40,811.10.
Attorneys: Carl A. Eason of Wolcott Rivers Gates
Filed: 5/2/2023
CL23003199

Richmond Circuit Court

Tiffany R. Myrga v. Armor Correctional Health Services, Inc.
Plaintiff says she started working for defendant Sept. 26, 2016, as a qualified mental health professional, and in November 2019 was promoted to director of mental health services and transferred to Sussex I State Prison. Plaintiff says in May 2020, her relationship with the new warden, Ivan Gilmore, began to deteriorate when he began to implement protocols that contradicted standard operating procedures of the VADOC, and gave directives that directly conflicted with plaintiff’s treatment plans, including for inmates on suicide watch, and ignored her security concerns, which she reported to defendant. Plaintiff says she was forced to work in dangerous conditions and when she refused to go to the prison in person in the middle of the night on Nov. 29, 2020, to evaluate an inmate making suicidal statements, instead giving verbal orders to place the inmate on suicide watch, the warden revoked her credentials, and she was terminated Dec. 2. Plaintiff says she was replaced by a male she had recently hired who had no counseling experience but for the few months of training she had provided. Plaintiff alleges discrimination and retaliation and seeks damages of $500,000.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 5/3/2023
CL23002142

Ani McCurnin v. InFlight Fitness, LLC d/b/a BodyArc Gym; and Brandi Walker
Plaintiff says on/about Jan. 11, 2022, at 131 Richmond Highway, she was severely injured in an unreasonably dangerous personal training session when the stool placed by Walker slid on the bare concrete floor. Plaintiff seeks judgment of $2.25 million.
Attorneys: D. Bradley Kent and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 5/3/2023
CL23002283

Capital Area Health Network v. Blue Whale Co. Inc. d/b/a Blue Whale Commercial; and Eddie L. Jackson Jr.
Plaintiff alleges breach of fiduciary duty, conversion, breach of contract and fraudulent inducement against defendants, against Jackson personally and in his capacity as managing director of Blue Whale, and says defendants acted in concert to embezzle in excess of $100,000 under the guise of providing reputable property management services. Plaintiff seeks compensatory damages of no less than $150,000.
Attorneys: Jimmy F. Robinson Jr. and Scott A. Siegner of Ogletree, Deakins, Nash, Smoak & Stewart
Filed: 5/4/2023
CL23002297

Electronic Systems, Inc. v. Payton Herrera f/k/a Peyton Davenport; and Novatech, Inc.
Plaintiff says Herrera, who was hired as a sales rep in January 2010, promoted to sales manager and privy to detailed customer information and pricing lists until her resignation on Dec. 31, 2020, violated the terms of her non-compete contract when on/about Jan. 4, 2021, she began working for Novatech, a direct competitor. Plaintiff says defendant provided Novatech with information obtained during her employment and misappropriated plaintiff’s customer lease portfolio, and seeks judgment of no less than $1.317 million, among other relief.
Attorneys: P. Thomas DiStanislo
Filed: 5/5/2023
CL23002153

Chesterfield Circuit Court

Railey Hill Investments, LLC v. Chih-Ping Dennis Kao; MCH Health Inc.; Paladin Dermatology, LLC; Mansilla Medical Practice, PC; MCH Concepts, LLC; and Proactive Information Management LLC
Plaintiff says defendants, in two separate leases, leased property at 360-B Brown’s Hill Court, Midlothian, beginning June 1, 2020, for a 5-year period, and that defendants have failed to pay the full amount of rent owed and that Kao made false representations to plaintiff to induce its consent to signing the leases. Plaintiff asks damages of $2,135,036.56.
Attorneys: Stewart R. Pollock of Moran Reeves & Conn
Filed: 5/3/2023
CL23001694

Resmed Corp. v. Premier Diagnostics of Virginia, Inc. and Marvet Joye f/k/a Marvet Powell
Plaintiff says it provided medical supplies and equipment April-October 2022, for which defendant has failed to pay the $225,089.72 due.
Attorneys: Ronald William Stern
Filed: 5/3/2023
CL23001699

Gaven Johnson v. Niagara Bottling, LLC and Meadowville Technology Properties LLC
Plaintiff says on/about May 7, 2021, as an employee of Superior Lighting, which had begun to install lights inside the Chesterfield warehouse owned at the time by Meadowville, and on that day defendants utilized approximately 50 autonomous forklifts in the warehouse, when the month before plaintiff and others had been working in areas without autonomous forklifts. Plaintiff says the company requested that defendant disable the forklifts long enough for company employees to safely complete the work, a request that was denied, and when plaintiff tried to stop a forklift from colliding with a boom lift they were using to work, his foot was run over by the boom lift, pinning it for 15 minutes before help arrived. Plaintiff says he had to undergo multiple surgeries and suffered permanent injuries, and seeks compensatory damages of $1 million.
Attorneys: Jon Wood of Reinhart | Harper | Davis
Filed: 5/3/2023
CL23001715

WS Connelly & Co., Inc. d/b/a Landscape Supply, Inc. d/b/a Environmental Construction Solutions v. J.E. Shurden Construction, LLC
Plaintiff says it supplied landscaping materials on credit and is owed $32,406.09.
Attorneys: William A. Young III
Filed: 5/4/2023
CL32001718

Henrico Circuit Court

Rhetta M. Daniel v. Henry Howell III, Esquire and The Eminent Domain Litigation Group, PLC
Plaintiff says if not for defendants’ incompetence and malpractice representing her in a Virginia State Bar misconduct case, she would not have had her license to practice law in Virginia revoked or lost her rights to practice law as she had for almost 42 years. Plaintiff seeks judgment of $5 million.
Attorneys: Rhetta M. Daniel, JD, pro se
Filed: 5/1/2023
CL23003176

Maureen Brown, administrator of the estate of Charles Brown, deceased v. The Laurels of University Park, LLC d/b/a The Laurels of University Park; LHCC Properties, LLC; Laurel Health Care Holdings, Inc.; Laurel Healthcare Company; and Kisha Derry, LPN
Plaintiff says defendants, including Derry, knew decedent was a high fall risk, but permitted him to rise, stand and walk to the bathroom without attempting to help him, and on May 19, 2021, he fell and fractured his hip and his condition deteriorated until his death on June 15. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 5/1/2023
CL23003182

Joy Williams, administrator of the estate of Nellie Wilkerson, deceased v. Appomattox Care Center, LLC d/b/a Appomattox Health & Rehabilitation Center; Medical Facilities of America XLVI Limited Partnership; LTC Holdings, Inc.; and Kayla Collins, CNA
Plaintiff says defendants permitted Wilkerson to fall several times at the facility beginning November 2018 and failed to implement a care plan calling for two people to assist her toilet transfer, and on April 17, 2022, with Collins only assisting her, she fell and fractured her hip, deteriorating and dying on April 22. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 5/1/2023
CL23003184

Instafunders LLC v. Whisk, LLC and William Edgar Bryan
Plaintiff says the Richmond-based company is in breach of a future receivables agreement and seeks judgment of $40,811.10.
Attorneys: Carl A. Eason of Wolcott Rivers Gates
Filed: 5/2/2023
CL23003199

Richmond Circuit Court

Tiffany R. Myrga v. Armor Correctional Health Services, Inc.
Plaintiff says she started working for defendant Sept. 26, 2016, as a qualified mental health professional, and in November 2019 was promoted to director of mental health services and transferred to Sussex I State Prison. Plaintiff says in May 2020, her relationship with the new warden, Ivan Gilmore, began to deteriorate when he began to implement protocols that contradicted standard operating procedures of the VADOC, and gave directives that directly conflicted with plaintiff’s treatment plans, including for inmates on suicide watch, and ignored her security concerns, which she reported to defendant. Plaintiff says she was forced to work in dangerous conditions and when she refused to go to the prison in person in the middle of the night on Nov. 29, 2020, to evaluate an inmate making suicidal statements, instead giving verbal orders to place the inmate on suicide watch, the warden revoked her credentials, and she was terminated Dec. 2. Plaintiff says she was replaced by a male she had recently hired who had no counseling experience but for the few months of training she had provided. Plaintiff alleges discrimination and retaliation and seeks damages of $500,000.
Attorneys: Barbara Queen of LawrenceQueen
Filed: 5/3/2023
CL23002142

Ani McCurnin v. InFlight Fitness, LLC d/b/a BodyArc Gym; and Brandi Walker
Plaintiff says on/about Jan. 11, 2022, at 131 Richmond Highway, she was severely injured in an unreasonably dangerous personal training session when the stool placed by Walker slid on the bare concrete floor. Plaintiff seeks judgment of $2.25 million.
Attorneys: D. Bradley Kent and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 5/3/2023
CL23002283

Capital Area Health Network v. Blue Whale Co. Inc. d/b/a Blue Whale Commercial; and Eddie L. Jackson Jr.
Plaintiff alleges breach of fiduciary duty, conversion, breach of contract and fraudulent inducement against defendants, against Jackson personally and in his capacity as managing director of Blue Whale, and says defendants acted in concert to embezzle in excess of $100,000 under the guise of providing reputable property management services. Plaintiff seeks compensatory damages of no less than $150,000.
Attorneys: Jimmy F. Robinson Jr. and Scott A. Siegner of Ogletree, Deakins, Nash, Smoak & Stewart
Filed: 5/4/2023
CL23002297

Electronic Systems, Inc. v. Payton Herrera f/k/a Peyton Davenport; and Novatech, Inc.
Plaintiff says Herrera, who was hired as a sales rep in January 2010, promoted to sales manager and privy to detailed customer information and pricing lists until her resignation on Dec. 31, 2020, violated the terms of her non-compete contract when on/about Jan. 4, 2021, she began working for Novatech, a direct competitor. Plaintiff says defendant provided Novatech with information obtained during her employment and misappropriated plaintiff’s customer lease portfolio, and seeks judgment of no less than $1.317 million, among other relief.
Attorneys: P. Thomas DiStanislo
Filed: 5/5/2023
CL23002153

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