The Docket: Local court roundup for 9.28.23

Chesterfield Circuit Court

Mathew M. Edwards v. Harris, Hardy & Johnstone, P.C.; Frank S. Warren Jr., CPA; and Doedy Markiewicz, CPA
Plaintiff says from 2007 through 2016, defendants performed general tax and accounting services for him and his businesses, including professional advice filing individual and business returns and additional compliance documents required by the IRS. Plaintiff says he was in the business of currency trading and had established about 30 offshore foreign exchange accounts with various financial institutions to facilitate a business incorporated in the Bahamas. Plaintiff says defendants failed to fill proper forms, failed to notify him of an IRS summons, and provided privileged information to the IRS, prompting additional summons to financial institutions, and it became necessary for him to retain a law firm to assist him with an audit. Plaintiff says on/about Dec. 10, 2020, he received a letter from the IRS informing him he was being assessed penalties in the amount of $3.4 million for failure to include foreign exchange accounts, which he appealed and was offered a settlement because the IRS said it was clear that he and defendants had discussed many times that he had fully disclosed his 100%-held foreign corporation to defendants. Plaintiff says he entered into a settlement agreement with the IRS in December 2021, reducing the penalties, which would not have been necessary except for defendants’ malpractice. Plaintiff seeks judgment of $847,189, and punitive damages of $350,000.
Attorneys: Matthew A. Crist; and Christopher G. Hoge of Crowley, Hoge & Fein
Filed: 9/5/2023
CL23003218

Martin Driffill and Andrea Driffell v. Gregoire Development Corporation d/b/a Covenant Building & Design
Plaintiffs say defendant failed to comply with terms of a contract for the sale and construction of a home in Midlothian, made misrepresentations and failed to deliver a completed home constructed in a workmanlike manner free from material defects. Plaintiffs seek judgment of $900,000 and punitive damages of $350,000.
Attorneys: Terrence L. Graves and Christopher K. Jones of Sands Anderson; and Scott C. Ford of Ford Richardson
Filed: 9/7/2023
CL23003297

Kapitus Servicing, Inc. v. R.A. Vaughan Enterprises, L.L.C. d/b/a Brake Shop; and Richard Vaughan
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $122,011.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/12/2023
CL23003339

Eagle Beverage and Accessory Products, LLC v. Zima-Pack, LLC
Plaintiff says defendant failed to deliver an equipment line it purchased in order to pursue manufacturing business from an international beverage retailer and seeks damages of $227,573.
Attorneys: John S. Buford of Hancock, Daniel & Johnston
Field: 9/19/2023
CL23003415

England Inc. v. P374, Inc. d/b/a Capital Home Furnishings
Plaintiff says defendant has failed to pay for goods purchased on an open account and seeks judgment in the principal sum of $30,252.95.
Attorneys: R. Bruce Fickley
Filed: 9/20/2023
CL23003433

James A. Ketner Jr. v. Chad M. Flanagan, DDS and Virginia Family Dentistry, PC
Plaintiff says because of defendants’ negligence, complications arising from a tooth extraction procedure on Sept. 21, 2021, and subsequent infection, he sustained permanent injuries and has had to undergo surgeries, medical procedures, physical therapy and other treatments that have left him incapacitated and unable to perform his customary duties for his lawncare and landscaping business. Plaintiff asks judgment of $2.5 million.
Attorneys: Michele Bartoli Cain and Charles Rothermel of Shulman Rogers, Gandal, Pordy & Ecker; and R. Wayne Nunnally
Filed: 9/20/2023
CL23003435

Henrico Circuit Court

Colonial Webb Contractors Company v. T.O. Williams Incorporated and Peter John Chay
Plaintiff says defendant has defaulted on a promissory note related to the purchase of equipment, and seeks the principle amount of $134,967.08.
Attorneys: Courtney M. Paulk and Spencer S. Allen of Hirschler Fleischer
Filed: 9/7/2023
CL23006084

Elizabeth Fleming v. Zaxby’s Company Restaurants, L.L.C.
Plaintiff claims damages of $300,000, saying on/about Sept. 12, 2021, she slipped on a wet substance at 11350 Nuckols Road and fell violently to the floor, suffering injuries.
Attorneys: Danielle G. Koger of Koger Law Group
Filed: 9/7/2023
CL23006093

Katalyst Healthcare v. RCA Laboratory Services, LLC
Plaintiff says it provided services for the collection of samples for laboratory testing to defendant, and defendant has failed to pay $145,955 owed.
Attorneys: Arthur L. Weiss
Filed: 9/8/2023
CL23006100

Sharon M. Hoover v. Richmond International Raceway, LLC; NASCAR Enterprises, LLC; NASCAR Event Management, LLC; JR Beachside, LLC; Maurice A. Wilson; and John Doe
Plaintiff says on/about Sept. 11, 2021, as she was stepping in a golf cart operated by JR Beachside to transport spectators at the race, Wilson suddenly accelerated, causing her to fall and strike her head on the pavement, resulting in injuries. Plaintiff seeks judgment of $100,000.
Attorneys: Regina E. Baker of Christina Pendleton & Associates
Filed: 9/8/2023
CL23006114

Betty Mennetti v. MCAP West End, LLC d/b/a Commonwealth Senior Living at the West End; and Gwendolyn Moore
Plaintiff says as a result of defendants’ negligence, she sustained a fall, a hip fracture and bilateral humeral fracture dislocations. Plaintiff asks judgment of $5 million.
Attorneys: Ellen C. Bognar of Allen, Allen, Allen & Allen
Filed: 9/11/2023
CL23006159

Joyce Hicks v. Implant Dentistry Associates of Virginia, P.C.
Plaintiff says defendant negligently failed to recognize that due to a lack of sufficient bone in her upper jaw and other conditions, she was not a candidate for upper implants, and failed to advise her or treat infection in her mouth. Plaintiff says she suffered significant injury and seeks judgment of $3 million.
Attorneys: Michael W. Lantz of Lantz & Robins
Filed: 9/11/2023
CL23006187

Dena Messina, administrator of the estate of Harris Williams, deceased v. Springhouse Management CG LLC d/b/a Chestnut Grove, A Senior Living Facility; and Spring House Management, LLC
Plaintiff says decedent was allowed to fall numerous times, the last on Jan. 10, 2023, suffering a bilateral subarachnoid hemorrhage and a right subdural hematoma, dying on Jan. 11. Plaintiff seeks judgment of $10 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 9/12/2023
CL23006207

Richmond Circuit Court

Rexel USA, Inc., successor by merger to Mayer Electric Supply Company, Inc. v. Keith Langford; Ervin Wheeler; and U.S. Electrical Services, Inc., successor by merger to Maurice Electrical Supply Company
Plaintiff says Langford and Wheeler, former managers of Rexel, conspired with defendant company, a competitor, to orchestrate a mass resignation of 24 Rexel employees in its Richmond and Charlottesville branches on Aug. 11, 2023, and their immediate employment with defendant. Plaintiff alleges breach of fiduciary duties, tortious interference and conspiracy and seeks $6 million in damages, and punitive, $350,000.
Attorneys: Michael E. Barnsback and Amy Heerink of O’Hagan Meyer
Filed: 9/15/2023
CL23004231

Estes Express Lines v. Pickett Hosiery Mills, Inc.
Plaintiff says the North Carolina corporation tendered 30 shipments of goods between January and April 2023 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $146,021.49.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/19/2023
CL23004262

Paul Blocher v. Children’s Group, LLC
Plaintiff, CFO of the company described as a high-end educational children’s toy platform, says he was terminated after reporting in spring 2023 that several of his female subordinates had approached him to report CEO Jamey Bennett’s inappropriate, hostile and unlawful behavior toward them and he addressed the behavior with a human resources representative at a team leadership meeting in Atlanta in May 2023. Plaintiff says he made good faith reports of the company’s violations of state and federal laws and seeks judgment of $750,000.
Attorneys: Broderick C. Dunn and Maria E. Stickrath of Cook Craig & Francuzenko
Filed: 9/21/2023
CL23004278

Estes Express Lines v. Sunny Direction Distribution, LLC
Plaintiff says the Illinois company tendered 28 shipments of goods between December 2022 and May 2023 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $71,422.17.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/21/2023
CL23004381

Estes Express Lines v. Anywhere Bikes, LLC
Plaintiff says the Michigan company tendered 61 shipments of goods between August and December 2022 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $85,664.11.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/21/2023
CL23004382

Chesterfield Circuit Court

Mathew M. Edwards v. Harris, Hardy & Johnstone, P.C.; Frank S. Warren Jr., CPA; and Doedy Markiewicz, CPA
Plaintiff says from 2007 through 2016, defendants performed general tax and accounting services for him and his businesses, including professional advice filing individual and business returns and additional compliance documents required by the IRS. Plaintiff says he was in the business of currency trading and had established about 30 offshore foreign exchange accounts with various financial institutions to facilitate a business incorporated in the Bahamas. Plaintiff says defendants failed to fill proper forms, failed to notify him of an IRS summons, and provided privileged information to the IRS, prompting additional summons to financial institutions, and it became necessary for him to retain a law firm to assist him with an audit. Plaintiff says on/about Dec. 10, 2020, he received a letter from the IRS informing him he was being assessed penalties in the amount of $3.4 million for failure to include foreign exchange accounts, which he appealed and was offered a settlement because the IRS said it was clear that he and defendants had discussed many times that he had fully disclosed his 100%-held foreign corporation to defendants. Plaintiff says he entered into a settlement agreement with the IRS in December 2021, reducing the penalties, which would not have been necessary except for defendants’ malpractice. Plaintiff seeks judgment of $847,189, and punitive damages of $350,000.
Attorneys: Matthew A. Crist; and Christopher G. Hoge of Crowley, Hoge & Fein
Filed: 9/5/2023
CL23003218

Martin Driffill and Andrea Driffell v. Gregoire Development Corporation d/b/a Covenant Building & Design
Plaintiffs say defendant failed to comply with terms of a contract for the sale and construction of a home in Midlothian, made misrepresentations and failed to deliver a completed home constructed in a workmanlike manner free from material defects. Plaintiffs seek judgment of $900,000 and punitive damages of $350,000.
Attorneys: Terrence L. Graves and Christopher K. Jones of Sands Anderson; and Scott C. Ford of Ford Richardson
Filed: 9/7/2023
CL23003297

Kapitus Servicing, Inc. v. R.A. Vaughan Enterprises, L.L.C. d/b/a Brake Shop; and Richard Vaughan
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $122,011.
Attorneys: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 9/12/2023
CL23003339

Eagle Beverage and Accessory Products, LLC v. Zima-Pack, LLC
Plaintiff says defendant failed to deliver an equipment line it purchased in order to pursue manufacturing business from an international beverage retailer and seeks damages of $227,573.
Attorneys: John S. Buford of Hancock, Daniel & Johnston
Field: 9/19/2023
CL23003415

England Inc. v. P374, Inc. d/b/a Capital Home Furnishings
Plaintiff says defendant has failed to pay for goods purchased on an open account and seeks judgment in the principal sum of $30,252.95.
Attorneys: R. Bruce Fickley
Filed: 9/20/2023
CL23003433

James A. Ketner Jr. v. Chad M. Flanagan, DDS and Virginia Family Dentistry, PC
Plaintiff says because of defendants’ negligence, complications arising from a tooth extraction procedure on Sept. 21, 2021, and subsequent infection, he sustained permanent injuries and has had to undergo surgeries, medical procedures, physical therapy and other treatments that have left him incapacitated and unable to perform his customary duties for his lawncare and landscaping business. Plaintiff asks judgment of $2.5 million.
Attorneys: Michele Bartoli Cain and Charles Rothermel of Shulman Rogers, Gandal, Pordy & Ecker; and R. Wayne Nunnally
Filed: 9/20/2023
CL23003435

Henrico Circuit Court

Colonial Webb Contractors Company v. T.O. Williams Incorporated and Peter John Chay
Plaintiff says defendant has defaulted on a promissory note related to the purchase of equipment, and seeks the principle amount of $134,967.08.
Attorneys: Courtney M. Paulk and Spencer S. Allen of Hirschler Fleischer
Filed: 9/7/2023
CL23006084

Elizabeth Fleming v. Zaxby’s Company Restaurants, L.L.C.
Plaintiff claims damages of $300,000, saying on/about Sept. 12, 2021, she slipped on a wet substance at 11350 Nuckols Road and fell violently to the floor, suffering injuries.
Attorneys: Danielle G. Koger of Koger Law Group
Filed: 9/7/2023
CL23006093

Katalyst Healthcare v. RCA Laboratory Services, LLC
Plaintiff says it provided services for the collection of samples for laboratory testing to defendant, and defendant has failed to pay $145,955 owed.
Attorneys: Arthur L. Weiss
Filed: 9/8/2023
CL23006100

Sharon M. Hoover v. Richmond International Raceway, LLC; NASCAR Enterprises, LLC; NASCAR Event Management, LLC; JR Beachside, LLC; Maurice A. Wilson; and John Doe
Plaintiff says on/about Sept. 11, 2021, as she was stepping in a golf cart operated by JR Beachside to transport spectators at the race, Wilson suddenly accelerated, causing her to fall and strike her head on the pavement, resulting in injuries. Plaintiff seeks judgment of $100,000.
Attorneys: Regina E. Baker of Christina Pendleton & Associates
Filed: 9/8/2023
CL23006114

Betty Mennetti v. MCAP West End, LLC d/b/a Commonwealth Senior Living at the West End; and Gwendolyn Moore
Plaintiff says as a result of defendants’ negligence, she sustained a fall, a hip fracture and bilateral humeral fracture dislocations. Plaintiff asks judgment of $5 million.
Attorneys: Ellen C. Bognar of Allen, Allen, Allen & Allen
Filed: 9/11/2023
CL23006159

Joyce Hicks v. Implant Dentistry Associates of Virginia, P.C.
Plaintiff says defendant negligently failed to recognize that due to a lack of sufficient bone in her upper jaw and other conditions, she was not a candidate for upper implants, and failed to advise her or treat infection in her mouth. Plaintiff says she suffered significant injury and seeks judgment of $3 million.
Attorneys: Michael W. Lantz of Lantz & Robins
Filed: 9/11/2023
CL23006187

Dena Messina, administrator of the estate of Harris Williams, deceased v. Springhouse Management CG LLC d/b/a Chestnut Grove, A Senior Living Facility; and Spring House Management, LLC
Plaintiff says decedent was allowed to fall numerous times, the last on Jan. 10, 2023, suffering a bilateral subarachnoid hemorrhage and a right subdural hematoma, dying on Jan. 11. Plaintiff seeks judgment of $10 million.
Attorneys: Ellen C. Bognar and Derrick L. Walker of Allen, Allen, Allen & Allen
Filed: 9/12/2023
CL23006207

Richmond Circuit Court

Rexel USA, Inc., successor by merger to Mayer Electric Supply Company, Inc. v. Keith Langford; Ervin Wheeler; and U.S. Electrical Services, Inc., successor by merger to Maurice Electrical Supply Company
Plaintiff says Langford and Wheeler, former managers of Rexel, conspired with defendant company, a competitor, to orchestrate a mass resignation of 24 Rexel employees in its Richmond and Charlottesville branches on Aug. 11, 2023, and their immediate employment with defendant. Plaintiff alleges breach of fiduciary duties, tortious interference and conspiracy and seeks $6 million in damages, and punitive, $350,000.
Attorneys: Michael E. Barnsback and Amy Heerink of O’Hagan Meyer
Filed: 9/15/2023
CL23004231

Estes Express Lines v. Pickett Hosiery Mills, Inc.
Plaintiff says the North Carolina corporation tendered 30 shipments of goods between January and April 2023 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $146,021.49.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/19/2023
CL23004262

Paul Blocher v. Children’s Group, LLC
Plaintiff, CFO of the company described as a high-end educational children’s toy platform, says he was terminated after reporting in spring 2023 that several of his female subordinates had approached him to report CEO Jamey Bennett’s inappropriate, hostile and unlawful behavior toward them and he addressed the behavior with a human resources representative at a team leadership meeting in Atlanta in May 2023. Plaintiff says he made good faith reports of the company’s violations of state and federal laws and seeks judgment of $750,000.
Attorneys: Broderick C. Dunn and Maria E. Stickrath of Cook Craig & Francuzenko
Filed: 9/21/2023
CL23004278

Estes Express Lines v. Sunny Direction Distribution, LLC
Plaintiff says the Illinois company tendered 28 shipments of goods between December 2022 and May 2023 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $71,422.17.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/21/2023
CL23004381

Estes Express Lines v. Anywhere Bikes, LLC
Plaintiff says the Michigan company tendered 61 shipments of goods between August and December 2022 under a pricing agreement and has failed to pay. Plaintiff seeks judgment of $85,664.11.
Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & Husk
Filed: 9/21/2023
CL23004382

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