The Docket: Local court roundup for 7.27.23

Chesterfield Circuit Court

Joshua Smith v. Spiral Horn General Contractors, LLC; O&DE Construction, LLC; Oscar Alfredo Chavarria Lopez; and Oscar Chavarria
Plaintiff, a building inspector for Chesterfield, says on July 9, 2021, he went to a home under construction at 6213 Walderbrook Road to perform a framing inspection, and when he reached the top steps of a temporary staircase at the rear – which was the only means of ingress and egress – the steps collapsed, causing him to fall violently to the ground and sustain injuries. Plaintiff alleges negligence and seeks judgment of $3 million.
Attorneys: Elliott M. Buckner, M. Scott Bucci and Jeffrey N. Stedman of Cantor Grana Buckner Bucci
Filed: 7/10/2023
CL23002489

EBF Holdings, LLC d/b/a Everest Business Funding v. Clocktower Realty Group LLC and Rhonda Howlett Carroll
Plaintiff says on June 9, 2022, defendant entered into a revenue based financing agreement whereby plaintiff purchased $239,750 of defendant’s future business receipts for $175,000, and transferred that amount to defendant. Plaintiff says defendant defaulted on/about Nov. 15, 2022, and thereafter, by failing to honor plaintiff’s attempts to withdraw the purchased receipts, and seeks judgment of $141,440.
Attorneys: Joseph A. Davies and Byron L. Saintsing of Smith Debnam Narron Drake Saintsing & Myers
Filed: 7/11/2023
CL23002498

T.W.B. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 25, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002508

J.L.S. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 21, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $25 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002509

T.L.S. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 18, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002510

G.W.P. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 21, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002511

C.R.B. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 28, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002512

C.M.H. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 28, says he was sexually abused a number of times by Jeffrey Clark, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002513

M.M.C. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 27, says he was sexually abused a number of times by Jeffrey Clark, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002514

E.S.D. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 27, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002515

S.M.O. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 25, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002516

Henrico Circuit Court

TBS RVA, Inc. d/b/a Transworld Business Advisors of Richmond VA v. Capitol Sheds, Inc. and Loren Shetler
Plaintiff says per an agreement dated Nov. 14, 2022, it marketed defendant’s business for sale, and notwithstanding that no sale occurred, as by letter dated May 9, 2023, defendant terminated the agreement prior to the end of its term based on interest from a third party, selling to Great Outdoors. Plaintiff says defendant offered to tender $100,000, but that it owes the full commission of $352,000.
Attorneys: Alexander P.M. Boyd of Hirschler Fleischer
Filed: 7/18/2023
CL23004980

Levern E. Williams, deceased, by Irene L. Williams, administrator v. Walmart Inc.
Plaintiff says decedent was injured April 9, 2022, when numerous negligently stacked boxes fell on him. Plaintiff asks judgment $75,000.
Attorneys: Raymond L. Palmer of Palmer Law Firm
Filed: 7/20/2023
CL23005034

Eleanor Enneking v. Chesterfield Healthcare Group, Inc. d/b/a Tyler’s Retreat at Iron Bridge; Saber Healthcare Holdings, LLC; and Saber Healthcare Group, LLC
Plaintiff says defendant failed to see to her following a left hip replacement in July 2021, including allowing her to fall from the bed, fall from a wheelchair and manage her pain, resulting in significant complications and the necessitation of another total hip arthroscopy. Plaintiff seeks judgment of $850,000.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 7/24/2023
CL23005098

Richmond Circuit Court

Estes Express Lines v. Cox Manufacturing, LLC
Plaintiff says between October 2022 and January 2023, the North Carolina company tendered 147 shipments of goods under a pricing agreement and has failed to pay. Plaintiff claims damages of $70,878.84.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 7/17/2023
CL23003349

Kimberly A. Ewers v. Peter A. Caprise, M.D.; OrthoVirginia, Inc.; Kenneth C. Hite, M.D.; Radiology Consultants of Lynchburg, Inc.; and Central Virginia Imaging LLC
Plaintiff says because of defendants’ failure to appropriately evaluate her MRI, interpret results and failure to collect tissue/fluid samples from her right knee, she was deprived of a meaningful opportunity to receive treatment for her synovial sarcoma and prevent it from metastasizing. Plaintiff asks judgment of $3 million.
Attorneys: Powell M. Leitch III, J. Scott Sexton and Charlie D. Morrison of Gentry Locke
Filed: 7/18/2023
CL23003355

Sylvia Earnestine Tompkins v. Louis W. Nordeen, D.P.M.; Premier Foot & Ankle Center, P.C.; and Tejas T. Patel, M.D.
Plaintiff says defendants’ acts of omission and commission relating to treatments and surgical interventions with her foot and toes, led to complications that have compromised her overall health and disfigured her. Plaintiff seeks judgment of $3 million.
Attorneys: Brandon T. Bybee; Kenneth B. Wills
Filed: 7/21/2023
CL23003531

Paul Rucker v. Common House 2, LLC
Plaintiff, who owns and lives at property at 312 W. Grace St., says his residence lies between 120 and 150 feet away from the social club’s courtyard and rooftop terrace at 303 W. Broad St., and that since the club began operations 21/2 years ago, it has constantly exceeded the legal noise limits in violation of city ordinance, especially late at night, noise that disturbs his ability to sleep, his health and his work, and that defendant has failed, despite repeated requests, to mitigate the unreasonably loud and illegal noise. Plaintiff says the noise diminishes the value of his home and inflicts emotional distress, and seeks injunctive relief, compensatory damages of $150,000, and punitive damages of $350,000.
Attorneys: Christopher M. Malone and Peter S. Askin of ThompsonMcMullan
Filed: 7/21/2023
CL23003533

Chesterfield Circuit Court

Joshua Smith v. Spiral Horn General Contractors, LLC; O&DE Construction, LLC; Oscar Alfredo Chavarria Lopez; and Oscar Chavarria
Plaintiff, a building inspector for Chesterfield, says on July 9, 2021, he went to a home under construction at 6213 Walderbrook Road to perform a framing inspection, and when he reached the top steps of a temporary staircase at the rear – which was the only means of ingress and egress – the steps collapsed, causing him to fall violently to the ground and sustain injuries. Plaintiff alleges negligence and seeks judgment of $3 million.
Attorneys: Elliott M. Buckner, M. Scott Bucci and Jeffrey N. Stedman of Cantor Grana Buckner Bucci
Filed: 7/10/2023
CL23002489

EBF Holdings, LLC d/b/a Everest Business Funding v. Clocktower Realty Group LLC and Rhonda Howlett Carroll
Plaintiff says on June 9, 2022, defendant entered into a revenue based financing agreement whereby plaintiff purchased $239,750 of defendant’s future business receipts for $175,000, and transferred that amount to defendant. Plaintiff says defendant defaulted on/about Nov. 15, 2022, and thereafter, by failing to honor plaintiff’s attempts to withdraw the purchased receipts, and seeks judgment of $141,440.
Attorneys: Joseph A. Davies and Byron L. Saintsing of Smith Debnam Narron Drake Saintsing & Myers
Filed: 7/11/2023
CL23002498

T.W.B. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 25, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002508

J.L.S. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 21, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $25 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002509

T.L.S. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 18, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002510

G.W.P. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 21, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002511

C.R.B. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 28, says he was sexually abused a number of times by Jeffrey Clark, who is now incarcerated, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002512

C.M.H. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 28, says he was sexually abused a number of times by Jeffrey Clark, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002513

M.M.C. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; Alvin “Ted” Clark; Fred K. Adkins Jr.; and Jeffrey Dale Clark
Plaintiff, now 27, says he was sexually abused a number of times by Jeffrey Clark, and when Clark was hired in 2008 to conduct activities on its behalf with its youth group, Jeffrey’s father Ted Clark, who served in various leadership positions at IBC, knew that Jeffrey was accused of sexually abusing several young boys, and likely knew these accusations were true, and that Adkins, a junior pastor who became senior pastor in 2009, also had knowledge. Plaintiff seeks compensatory damages of $10 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002514

E.S.D. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 27, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002515

S.M.O. v. Immanuel Baptist Church; Baptist General Association of Virginia; Petersburg Baptist Association; and Jeffrey Dale Clark
Plaintiff, now 25, says defendants failed to protect him and other minors from sexual abuse by Clark, who worked as an assistant and leader for IBC’s youth group from 2008 through 2015, and is now incarcerated upon his conviction for sexually abusing multiple minors of the group, and that defendants, before hiring and permitting Clark to conduct activities on its behalf, knew or should have known that Clark had been accused of sexually abusing more than 3 boys before his hiring and that he was criminally investigated by the Chesterfield County Police Department in 2006 for sexual battery of a minor boy. Plaintiff says defendants allowed Clark unfettered access to minors, when he raped, sodomized and otherwise assaulted children, including plaintiff. Plaintiff seeks compensatory damages of $40 million, and punitive, $350,000.
Attorneys: Kevin Biniazan, Jeffrey A. Breit, Lauren A. Martin and Michael D. Collett of Breit Biniazan
Filed: 7/11/2023
CL23002516

Henrico Circuit Court

TBS RVA, Inc. d/b/a Transworld Business Advisors of Richmond VA v. Capitol Sheds, Inc. and Loren Shetler
Plaintiff says per an agreement dated Nov. 14, 2022, it marketed defendant’s business for sale, and notwithstanding that no sale occurred, as by letter dated May 9, 2023, defendant terminated the agreement prior to the end of its term based on interest from a third party, selling to Great Outdoors. Plaintiff says defendant offered to tender $100,000, but that it owes the full commission of $352,000.
Attorneys: Alexander P.M. Boyd of Hirschler Fleischer
Filed: 7/18/2023
CL23004980

Levern E. Williams, deceased, by Irene L. Williams, administrator v. Walmart Inc.
Plaintiff says decedent was injured April 9, 2022, when numerous negligently stacked boxes fell on him. Plaintiff asks judgment $75,000.
Attorneys: Raymond L. Palmer of Palmer Law Firm
Filed: 7/20/2023
CL23005034

Eleanor Enneking v. Chesterfield Healthcare Group, Inc. d/b/a Tyler’s Retreat at Iron Bridge; Saber Healthcare Holdings, LLC; and Saber Healthcare Group, LLC
Plaintiff says defendant failed to see to her following a left hip replacement in July 2021, including allowing her to fall from the bed, fall from a wheelchair and manage her pain, resulting in significant complications and the necessitation of another total hip arthroscopy. Plaintiff seeks judgment of $850,000.
Attorneys: Keith B. Marcus of Blank & Marcus
Filed: 7/24/2023
CL23005098

Richmond Circuit Court

Estes Express Lines v. Cox Manufacturing, LLC
Plaintiff says between October 2022 and January 2023, the North Carolina company tendered 147 shipments of goods under a pricing agreement and has failed to pay. Plaintiff claims damages of $70,878.84.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 7/17/2023
CL23003349

Kimberly A. Ewers v. Peter A. Caprise, M.D.; OrthoVirginia, Inc.; Kenneth C. Hite, M.D.; Radiology Consultants of Lynchburg, Inc.; and Central Virginia Imaging LLC
Plaintiff says because of defendants’ failure to appropriately evaluate her MRI, interpret results and failure to collect tissue/fluid samples from her right knee, she was deprived of a meaningful opportunity to receive treatment for her synovial sarcoma and prevent it from metastasizing. Plaintiff asks judgment of $3 million.
Attorneys: Powell M. Leitch III, J. Scott Sexton and Charlie D. Morrison of Gentry Locke
Filed: 7/18/2023
CL23003355

Sylvia Earnestine Tompkins v. Louis W. Nordeen, D.P.M.; Premier Foot & Ankle Center, P.C.; and Tejas T. Patel, M.D.
Plaintiff says defendants’ acts of omission and commission relating to treatments and surgical interventions with her foot and toes, led to complications that have compromised her overall health and disfigured her. Plaintiff seeks judgment of $3 million.
Attorneys: Brandon T. Bybee; Kenneth B. Wills
Filed: 7/21/2023
CL23003531

Paul Rucker v. Common House 2, LLC
Plaintiff, who owns and lives at property at 312 W. Grace St., says his residence lies between 120 and 150 feet away from the social club’s courtyard and rooftop terrace at 303 W. Broad St., and that since the club began operations 21/2 years ago, it has constantly exceeded the legal noise limits in violation of city ordinance, especially late at night, noise that disturbs his ability to sleep, his health and his work, and that defendant has failed, despite repeated requests, to mitigate the unreasonably loud and illegal noise. Plaintiff says the noise diminishes the value of his home and inflicts emotional distress, and seeks injunctive relief, compensatory damages of $150,000, and punitive damages of $350,000.
Attorneys: Christopher M. Malone and Peter S. Askin of ThompsonMcMullan
Filed: 7/21/2023
CL23003533

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