The Docket: Local court roundup for 12.7.23

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Junk Yard Miami, Corp d/b/a Junk Yard Miami; and Glen Adria Alayon
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $199,836.25.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 11/21/2023
CL23004335

Kapitus Servicing, Inc. v. Stellar Mental Health & Mediation, LLC d/b/a Stellar Mental Health & Mediation; and Jeffrey Moreno
Plaintiff says the Idaho business is in default of a loan agreement and seeks judgment in the principal amount of $123,050.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 11/21/2023
CL23004339

Kapitus Servicing, Inc. v. Castillo’s LLC d/b/a Castillo’s; and Efrain Castillo
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $197,407.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 11/28/2023
CL23004399

Cicell L. Morris v. M&F of Richmond, Inc.
Plaintiff says defendant was contracted to construct an addition of a two-level structure with attached garage at plaintiff’s property on/about Feb. 6, 2022, for $200,000, and plaintiff paid a deposit of $50,000, and after months of delays, defendant abandoned the project, forcing plaintiff to hire new contractors to move forward. Plaintiff alleges breach of contract and seeks damages of $422,244.69.
Attorneys: Ashley L. Yellott of Riddle & Hanna
Filed: 11/29/2023
CL23004408

Melanie L. Hoyle, administrator of the estate of William Andrew Babb v. Cardiology of Virginia, Inc., and Edson de Guzman, M.D.
Plaintiff says as a result of defendants’ negligence in evaluating and diagnosing Babb’s condition, failure to recognize and/or diagnose angina and coronary heart disease and failure to order and/or perform appropriate diagnostic and therapeutic modalities, Babb, age 38, died of myocardial infarction. Plaintiff asks judgment of $10 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 11/29/2023
CL23004410

Henrico Circuit Court

Capital Division, Inc., and HCA Health Services of Virginia, Inc. v. Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield
Plaintiff says defendant has breached an agreement effective May 16, 2016, by failing to appropriately and fully reimburse nine hospitals for services rendered to Anthem’s members, and to assist the hospitals in obtaining the appropriate and full reimbursement for services rendered to the out-of-state plans’ members. Plaintiff seeks damages of $8,376,825.75.
Attorneys: John B. Mumford and Michael T. Essig of Hancock, Daniel & Johnson; and Alan D. Lash, Christopher K. Smith and Jonathan E. Feuer of Lashgoldberg
Filed: 11/17/2023
CL23007717

A16Coding, LLC v. Achilles Foot & Ankle Center, Inc.
Plaintiff says it provided defendant with medical billing services Oct. 1, 2022-Aug. 31, 2023, and is owed the principal amount of $495,340.60.
Attorneys: William A. Young III
Filed: 11/16/2023
CL23007759

Davinia Horton v. Jay Sahajanad, LLC
Plaintiff says defendant owned/operated the Knights Inn Hotel, 7201 W. Broad St., and hired Amond Devonta Young, a violent offender dating to 2012 and who had been incarcerated for various periods, and that he lived on the premises and controlled access to a storage suite. Plaintiff says she became a guest in October 2021 and when she asked defendant’s employee to help retrieve her personal belongings on Nov. 22, 2021, when she tried to leave the room, the employee threw her down and began punching her in the face and body, causing broken bones, hemorrhaging and bruises. Plaintiff says she sustained permanent injuries and seeks judgment of $2 million, and punitive, $500,000.
Attorneys: Brody H. Reid, Duncan P. Reid and Greer Belcher of ReidGoodwin
Filed: 11/21/2023
CL23007774

Chadley Arms and Zhiyi Lan v. The Village at Horsepen, GP
Plaintiff says despite repeated requests, defendant failed to correct a mold problem in the apartment, causing significant health damages. Plaintiff asks judgment of $50,000.
Attorneys: Henry W. McLaughlin of the Law Office of Henry McLaughlin
Filed: 11/22/2023
CL23007793

Valeros Contracting Group Inc. v. Apex Glenwood VA LLC
Plaintiff says it conducted repair work at Glenwood Farms Apartments on numerous occasions in 2023, and defendant has failed to pay $132,430 due
Attorneys: Sharif L. Gray of Blackburn, Conte, Schilling & Click
Filed: 11/28/2023
CL23007832

Richmond Circuit Court

Dominion Hospitality, Inc. v. McConnell Excavating, Ltd.
Plaintiff says it provided defendant with a block of rooms at the Best Western Plus Waynesboro Inn & Suites Conference Center in 2021, and defendant has failed to remit $44,428.93 due.
Attorneys: Franklin R. Cragle III and Andrew P.M. Boyd of Hirschler Fleischer
Filed: 11/15/2023
CL23005111

Diamond Thomas v. St. Mary’s Hospital of Richmond, Inc. d/b/a Bon Secours-St. Mary’s Hospital of Richmond LLC; Erikka Welch, R.N.; OBHG Virginia, LLC; and Nicole C. Rankins, M.D.
Plaintiff, age 23 and 37 weeks pregnant, says on Nov. 22, 2021, she went to the hospital for an induction, and that prior she had complained of decreased fetal movement, and that because of negligence by defendants her baby was delivered with hypoxic ischemic injury and brachial plexus injury and that she sustained injuries, and she will continue to incur future medical expenses for the child. Plaintiff asks judgment of $5 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 11/16/2023
CL23005116

Platinum Edge LLC v. Resource Concepts Inc.
Plaintiff says it provided coaching services and defendant has failed to pay $67,570 due.
Attorneys: Benjamin R. Fox of MeyerGoergen
Filed: 11/17/2023
CL23005126

Christine Farmer v. Target Stores, Inc. a/k/a Target Corporation; and Kellermeyer Bergensons Services, LLC
Plaintiff says on Dec. 18, 2021, she fell on a wet substance on the floor of the restroom at the Willow Lawn location, sustaining injuries for which she seeks $75,000 in damages.
Attorneys: Matt Danielson and Elizabeth Sorrell of Danielson and Sorrell
Filed: 11/17/2023
CL23005127

Eric Qilin Xu, a minor by his mother and next friend Xiaomin Zhang; Xiaomin Zhang; and Lebo Xu v. Disney Entertainment Operations; Disney Cruise Vacations, Inc.; Disney Cruise Line; The Walt Disney Company; and Walt Disney Travel Co., Inc.
Plaintiff says on/about Nov. 29, 2022, Eric injured his finger and hand on an unsafe door aboard a cruise ship, including the loss of part of his finger. Plaintiff asks judgment of $74,500.
Attorneys: W.F. Drewry Gallalee of Williams Mullen
Filed: 11/20/2023
CL23005136

Nicholas Keene v. North American Partners in Anesthesia (Virginia), LLC
Plaintiff, a certified registered nurse anesthesiologist who in 2012 says he successfully complete the 5-year Virginia Health Practitioners’ Monitoring Program for a substance abuse diagnosis and complied with all drug screenings required by defendant, says on July 7, 2022, he suffered a neurological event while performing his duties as a CRNA in the operating room at Retreat Doctors’ Hospital, and rather than assisting him or directing him to the emergency room for evaluation, he was escorted to the health office for both a urine drug and breath alcohol test, which he passed, but defendant continued to treat him as if he were intoxicated and hindered his medical treatment. Plaintiff says he later went to St. Mary’s Hospital where he was diagnosed with transient global amnesia, and that he was terminated on July 21, 2022. Plaintiff alleges disability discrimination by requiring him to complete an excessive number of drug screenings and terminating him due to his disability, and tortious interference by refusing to verify his employment to Dogwood Anesthesia Providers, which had offered him a position. Plaintiff seeks damages of $500,000.
Attorneys: Barbara A. Queen and Tyler J. Miko of LawrenceQueen
Filed: 11/20/2023
CL23005200

Valeros Contracting Group Inc. v. Ginter Park LLC
Plaintiff says it completed repair work at the Red Oaks Apartments on Chamberlayne Avenue and defendant has failed to pay $54,750 due.
Attorneys: Sharif L. Gray of Blackburn, Conte, Schilling & Click
Filed: 11/20/2023
CL32005260

Evelyn Gliszczynski, by and through her mother and next friend Kristina Miller v. Texas Roadhouse; Texas Roadhouse Management Corp; and Texas Roadhouse, Inc.
Plaintiff says on/about March 2, 2023, she fell on a wet floor in the restroom, sustaining injuries for which she seeks compensation of $74,000.
Attorneys: Robert G. Maury of The Law Office of Maury & Krol
Filed: 11/21/2023
CL23005266

Covey Bolling v. Bryan Andwar Johnson, MD and Virginia Cancer Institute Incorporated d/b/a Virginia Surgical Institute
Plaintiff says on Oct. 18, 2022, defendants failed to properly perform a cholecystectomy in her gallbladder neck and failed to properly identify all biliary structures before ligating, dividing and/or cutting them, and as a direct result of their negligence, she sustained severe and permanent injuries to her common bile duct and biliary systems, and was caused to undergo other invasive procedures to repair the surgery. Plaintiff asks judgment of $5 million.
Attorneys: Jay Tronfeld of Tronfeld West & Durrett
Filed: 11/21/2023
CL23005267

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. Junk Yard Miami, Corp d/b/a Junk Yard Miami; and Glen Adria Alayon
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $199,836.25.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 11/21/2023
CL23004335

Kapitus Servicing, Inc. v. Stellar Mental Health & Mediation, LLC d/b/a Stellar Mental Health & Mediation; and Jeffrey Moreno
Plaintiff says the Idaho business is in default of a loan agreement and seeks judgment in the principal amount of $123,050.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 11/21/2023
CL23004339

Kapitus Servicing, Inc. v. Castillo’s LLC d/b/a Castillo’s; and Efrain Castillo
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $197,407.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 11/28/2023
CL23004399

Cicell L. Morris v. M&F of Richmond, Inc.
Plaintiff says defendant was contracted to construct an addition of a two-level structure with attached garage at plaintiff’s property on/about Feb. 6, 2022, for $200,000, and plaintiff paid a deposit of $50,000, and after months of delays, defendant abandoned the project, forcing plaintiff to hire new contractors to move forward. Plaintiff alleges breach of contract and seeks damages of $422,244.69.
Attorneys: Ashley L. Yellott of Riddle & Hanna
Filed: 11/29/2023
CL23004408

Melanie L. Hoyle, administrator of the estate of William Andrew Babb v. Cardiology of Virginia, Inc., and Edson de Guzman, M.D.
Plaintiff says as a result of defendants’ negligence in evaluating and diagnosing Babb’s condition, failure to recognize and/or diagnose angina and coronary heart disease and failure to order and/or perform appropriate diagnostic and therapeutic modalities, Babb, age 38, died of myocardial infarction. Plaintiff asks judgment of $10 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 11/29/2023
CL23004410

Henrico Circuit Court

Capital Division, Inc., and HCA Health Services of Virginia, Inc. v. Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield
Plaintiff says defendant has breached an agreement effective May 16, 2016, by failing to appropriately and fully reimburse nine hospitals for services rendered to Anthem’s members, and to assist the hospitals in obtaining the appropriate and full reimbursement for services rendered to the out-of-state plans’ members. Plaintiff seeks damages of $8,376,825.75.
Attorneys: John B. Mumford and Michael T. Essig of Hancock, Daniel & Johnson; and Alan D. Lash, Christopher K. Smith and Jonathan E. Feuer of Lashgoldberg
Filed: 11/17/2023
CL23007717

A16Coding, LLC v. Achilles Foot & Ankle Center, Inc.
Plaintiff says it provided defendant with medical billing services Oct. 1, 2022-Aug. 31, 2023, and is owed the principal amount of $495,340.60.
Attorneys: William A. Young III
Filed: 11/16/2023
CL23007759

Davinia Horton v. Jay Sahajanad, LLC
Plaintiff says defendant owned/operated the Knights Inn Hotel, 7201 W. Broad St., and hired Amond Devonta Young, a violent offender dating to 2012 and who had been incarcerated for various periods, and that he lived on the premises and controlled access to a storage suite. Plaintiff says she became a guest in October 2021 and when she asked defendant’s employee to help retrieve her personal belongings on Nov. 22, 2021, when she tried to leave the room, the employee threw her down and began punching her in the face and body, causing broken bones, hemorrhaging and bruises. Plaintiff says she sustained permanent injuries and seeks judgment of $2 million, and punitive, $500,000.
Attorneys: Brody H. Reid, Duncan P. Reid and Greer Belcher of ReidGoodwin
Filed: 11/21/2023
CL23007774

Chadley Arms and Zhiyi Lan v. The Village at Horsepen, GP
Plaintiff says despite repeated requests, defendant failed to correct a mold problem in the apartment, causing significant health damages. Plaintiff asks judgment of $50,000.
Attorneys: Henry W. McLaughlin of the Law Office of Henry McLaughlin
Filed: 11/22/2023
CL23007793

Valeros Contracting Group Inc. v. Apex Glenwood VA LLC
Plaintiff says it conducted repair work at Glenwood Farms Apartments on numerous occasions in 2023, and defendant has failed to pay $132,430 due
Attorneys: Sharif L. Gray of Blackburn, Conte, Schilling & Click
Filed: 11/28/2023
CL23007832

Richmond Circuit Court

Dominion Hospitality, Inc. v. McConnell Excavating, Ltd.
Plaintiff says it provided defendant with a block of rooms at the Best Western Plus Waynesboro Inn & Suites Conference Center in 2021, and defendant has failed to remit $44,428.93 due.
Attorneys: Franklin R. Cragle III and Andrew P.M. Boyd of Hirschler Fleischer
Filed: 11/15/2023
CL23005111

Diamond Thomas v. St. Mary’s Hospital of Richmond, Inc. d/b/a Bon Secours-St. Mary’s Hospital of Richmond LLC; Erikka Welch, R.N.; OBHG Virginia, LLC; and Nicole C. Rankins, M.D.
Plaintiff, age 23 and 37 weeks pregnant, says on Nov. 22, 2021, she went to the hospital for an induction, and that prior she had complained of decreased fetal movement, and that because of negligence by defendants her baby was delivered with hypoxic ischemic injury and brachial plexus injury and that she sustained injuries, and she will continue to incur future medical expenses for the child. Plaintiff asks judgment of $5 million.
Attorneys: Jonathan M. Petty and Brielle M. Hunt of Phelan Petty
Filed: 11/16/2023
CL23005116

Platinum Edge LLC v. Resource Concepts Inc.
Plaintiff says it provided coaching services and defendant has failed to pay $67,570 due.
Attorneys: Benjamin R. Fox of MeyerGoergen
Filed: 11/17/2023
CL23005126

Christine Farmer v. Target Stores, Inc. a/k/a Target Corporation; and Kellermeyer Bergensons Services, LLC
Plaintiff says on Dec. 18, 2021, she fell on a wet substance on the floor of the restroom at the Willow Lawn location, sustaining injuries for which she seeks $75,000 in damages.
Attorneys: Matt Danielson and Elizabeth Sorrell of Danielson and Sorrell
Filed: 11/17/2023
CL23005127

Eric Qilin Xu, a minor by his mother and next friend Xiaomin Zhang; Xiaomin Zhang; and Lebo Xu v. Disney Entertainment Operations; Disney Cruise Vacations, Inc.; Disney Cruise Line; The Walt Disney Company; and Walt Disney Travel Co., Inc.
Plaintiff says on/about Nov. 29, 2022, Eric injured his finger and hand on an unsafe door aboard a cruise ship, including the loss of part of his finger. Plaintiff asks judgment of $74,500.
Attorneys: W.F. Drewry Gallalee of Williams Mullen
Filed: 11/20/2023
CL23005136

Nicholas Keene v. North American Partners in Anesthesia (Virginia), LLC
Plaintiff, a certified registered nurse anesthesiologist who in 2012 says he successfully complete the 5-year Virginia Health Practitioners’ Monitoring Program for a substance abuse diagnosis and complied with all drug screenings required by defendant, says on July 7, 2022, he suffered a neurological event while performing his duties as a CRNA in the operating room at Retreat Doctors’ Hospital, and rather than assisting him or directing him to the emergency room for evaluation, he was escorted to the health office for both a urine drug and breath alcohol test, which he passed, but defendant continued to treat him as if he were intoxicated and hindered his medical treatment. Plaintiff says he later went to St. Mary’s Hospital where he was diagnosed with transient global amnesia, and that he was terminated on July 21, 2022. Plaintiff alleges disability discrimination by requiring him to complete an excessive number of drug screenings and terminating him due to his disability, and tortious interference by refusing to verify his employment to Dogwood Anesthesia Providers, which had offered him a position. Plaintiff seeks damages of $500,000.
Attorneys: Barbara A. Queen and Tyler J. Miko of LawrenceQueen
Filed: 11/20/2023
CL23005200

Valeros Contracting Group Inc. v. Ginter Park LLC
Plaintiff says it completed repair work at the Red Oaks Apartments on Chamberlayne Avenue and defendant has failed to pay $54,750 due.
Attorneys: Sharif L. Gray of Blackburn, Conte, Schilling & Click
Filed: 11/20/2023
CL32005260

Evelyn Gliszczynski, by and through her mother and next friend Kristina Miller v. Texas Roadhouse; Texas Roadhouse Management Corp; and Texas Roadhouse, Inc.
Plaintiff says on/about March 2, 2023, she fell on a wet floor in the restroom, sustaining injuries for which she seeks compensation of $74,000.
Attorneys: Robert G. Maury of The Law Office of Maury & Krol
Filed: 11/21/2023
CL23005266

Covey Bolling v. Bryan Andwar Johnson, MD and Virginia Cancer Institute Incorporated d/b/a Virginia Surgical Institute
Plaintiff says on Oct. 18, 2022, defendants failed to properly perform a cholecystectomy in her gallbladder neck and failed to properly identify all biliary structures before ligating, dividing and/or cutting them, and as a direct result of their negligence, she sustained severe and permanent injuries to her common bile duct and biliary systems, and was caused to undergo other invasive procedures to repair the surgery. Plaintiff asks judgment of $5 million.
Attorneys: Jay Tronfeld of Tronfeld West & Durrett
Filed: 11/21/2023
CL23005267

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