The Docket: Local court roundup for 12.21.23

Chesterfield Circuit Court

Chad E. Strayer, derivatively and on behalf of Capital Construction Group, Inc. v. Matthew Buikema; Erin Buikema; and Capital Home Veterinary Care, LLC
Plaintiff says he and Matthew Buikema equally co-own CCGI, a successful general contracting business, and as an officer, director and employee of CCGI, Buikema used his position to convert and embezzle millions of dollars for the benefit of himself and his family, including construction of “Windfall House” in White Stone, renovations of a Goochland mansion and subsidization of his wife’s company, Capital Home Veterinary Care, and took deliberate actions to conceal his systematic theft from plaintiff by limiting plaintiff from access to full company financials, attempting to delete fraudulent financial actions, and directing CCGI’s outside accountant to withhold information from plaintiff. Plaintiff alleges conversion and unjust enrichment and seeks to remove defendant as director, compensatory damages of not less than $3,280,904.93, and punitive damages of $350,000.
Attorneys: Thomas J. Dillon III, Franklin R. Cragle III and Alexander P.M. Boyd of Hirschler Fleischer
Filed: 12/5/2023
CL23004477

Howard Haverty Jr. v. 4C Health Solutions d/b/a 4C Digital Health; Healthcarepays Network, LLC; Ronald E. Templeton Sr., individually and as trustee for Healthcarepays Network; Clayton F. Lazenby Jr., individually and as trustee for Healthcarepays Network; Eric Montagne, individually and as trustee for Healthcarepays Network; Thomas J. Wudarski, individually and as trustee for Healthcarepays Network; Robert Hunt, individually and as trustee for Healthcarepays Network; Massie Meredith, individually and as trustee for Healthcarepays Network; Julia Posacki, individually and as trustee for Healthcarepays Network; and John Does
Plaintiff says he loaned Healthcarepays $100,000 in 2018, as it was represented he was investing in 4C Health Solutions, that the note matured in March 2020, and on Oct. 21, 2021, he contacted defendants saying that he wanted to cash out, unaware that Healtcarepays was terminated by the Virginia State Corporation Commission on May 31, 2020, for failure to pay annual registration fees. Plaintiff alleges breach of fiduciary duties and seeks judgment in the principal amount of $100,000.
Attorneys: Thomas H. Roberts of Thomas H. Roberts & Associates
Filed: 12/6/2023
CL23004495

Midcap Trade Finance, LLC v. Polymer Processors, LLC n/k/a Polycap, LLC; Thomas Lato; and Thomas Lato a/k/a Tom Lato
Plaintiff says it bought purchase orders and provided operating funds at defendants’ request, and is owed $66,040.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 12/7/2023
CL23004533

Henrico Circuit Court

Short Pump Town Center, LLC. v. Pit & Peel Inc.
Plaintiff says defendant has failed to pay rent and other charges on 1,500 sf at the mall, and it notified defendant on May 8, 2023, that $68,711.27 was due and demanded defendant pay all sums due pursuant to the lease, then terminated the lease, with defendant vacating in/about July 2023. Plaintiff seeks judgment of $131,717.05, for past due rent Nov. 1, 2022-July 31, 2023, and continuing rent through Dec. 31, 2023.
Attorneys: Annemarie DiNardo Cleary, Cody T. Murphey and Ashley A. Davoli of Eckert Seamans Cherin & Mellott
Filed: 12/11/2023
CL23008112

Zane Houff v. Tiffin Motorhomes, Inc. and General R.V. Center, Inc.
Plaintiff says on/about July 31, 2023, he purchased a 2023 Allegro Motor Home and paid the $326,563.54 purchase price in full, but immediately after taking possession experienced problems with the touch panel that controls most of the electrical functions of the RV, and he was required to leave the RV for repairs again and again, and in September notified defendant that the RV must be repaired promptly or he was filing suit, but when he picked it up before Thanksgiving and used it over the trip, the furnace and ice maker were not working and a previously clogged shower drain was still clogged. Plaintiff says the touch panel is still broken and as the RV is not usable, he returned it, but defendant has failed to return his money. Plaintiff alleges breach of contract and seeks judgment of $326,563.54 or a replacement vehicle.
Attorneys: C. Stephen Setliff and Todd A. Knode of Setliff Law
Filed: 12/11/2023
CL23008113

Richmond Circuit Court

Deborah Herndon v. Trauma Void, LLC; Trauma Void; Smartpak Equine, LLC; Clayton, Dubilier & Rice, LLC; Butler Animal Health Supply, LLC; TRG Capital, L.P.; Covetrus, Inc.; Back on Track Products Australia; Back on Track USA, Inc.; Back on Track BOT, LLC; and Back on Track AB
Plaintiff says on Dec. 2, 2021, while horseback riding, she was thrown from her horse and fell to the ground, with her head making direct contact, and part of defendants’ defective equine helmet broke away, causing her to sustain catastrophic injuries and trauma. Plaintiff alleges negligence and seeks compensatory damages of $30 million, and punitive, $350,000.
Attorneys: David L. Hauck, Caroline V. Davis, Justin S. Gravatt and David L. Campbell of Duane, Hauck, Davis, Gravatt & Campbell
Filed: 12/1/2023
CL23005350

Janice D. Garner v. Taco Bell of America, LLC d/b/a Taco Bell; Burgerbusters, Inc. d/b/a Taco Bell; and Burgerbusters VIII, LLC d/b/a Taco Bell
Plaintiff says on Dec. 29, 2021, at 6720 Midlothian Turnpike, as she opened the door to enter, an unsecured floor mat slipped, causing her to fall and sustain injuries. Plaintiff asks judgment of $74,900.
Attorneys: Joel R. McClellan and Robin M. Nagel of Marks & Harrison
Filed: 12/4/2023
CL23005359

Eboni McEntyre v. Westport Operator LLC d/b/a Westport Rehabilitation and Nursing Center
Plaintiff, who was working at defendant facility as a travel nurse, says on/about Jan. 4, 2022, she slipped and fell on ice in the parking lot, suffering significant injury. Plaintiff seeks judgment of $500,000.
Attorneys: Gregory William Klein of Klein, Rowell & Shall
Filed: 12/11/2023
CL23005470

Rhyder Villa, infant by Tiffany Villa, mother and next friend v. The St. Catherine’s School Foundation d/b/a Brilliant Summer at St. Catherine’s; Carin Trice; Rachel Gruber; and Lewis A. James III
Plaintiff says Tiffany was in the girls’ softball summer program, and on/about Aug. 8, 2023, was attempting to learn how to slide into a base under defendants’ direction, but was left unattended on a grass portion of the field wearing cleats, and the cleats grasped the grass, causing severe injuries. Plaintiff says defendants failed to provide adequate instruction and seeks judgment of $2 million.
Attorneys: Jay Tronfeld and Jen F. Mattingley of Tronfeld West & Durrett
Filed: 12/11/2023
CL23005477

Terra Futrell v. Roman Nail Bar LTD d/b/a Roman Nail Bar
Plaintiff says on/about May 10, 2022, defendant negligently performed nail care services, causing her to sustain a serious infection in her right index finger. Plaintiff seeks judgment of $500,000.
Attorneys: Brooke Alexander of River Run Law Group
Filed: 12/11/2023
CL23005478

Chesterfield Circuit Court

Chad E. Strayer, derivatively and on behalf of Capital Construction Group, Inc. v. Matthew Buikema; Erin Buikema; and Capital Home Veterinary Care, LLC
Plaintiff says he and Matthew Buikema equally co-own CCGI, a successful general contracting business, and as an officer, director and employee of CCGI, Buikema used his position to convert and embezzle millions of dollars for the benefit of himself and his family, including construction of “Windfall House” in White Stone, renovations of a Goochland mansion and subsidization of his wife’s company, Capital Home Veterinary Care, and took deliberate actions to conceal his systematic theft from plaintiff by limiting plaintiff from access to full company financials, attempting to delete fraudulent financial actions, and directing CCGI’s outside accountant to withhold information from plaintiff. Plaintiff alleges conversion and unjust enrichment and seeks to remove defendant as director, compensatory damages of not less than $3,280,904.93, and punitive damages of $350,000.
Attorneys: Thomas J. Dillon III, Franklin R. Cragle III and Alexander P.M. Boyd of Hirschler Fleischer
Filed: 12/5/2023
CL23004477

Howard Haverty Jr. v. 4C Health Solutions d/b/a 4C Digital Health; Healthcarepays Network, LLC; Ronald E. Templeton Sr., individually and as trustee for Healthcarepays Network; Clayton F. Lazenby Jr., individually and as trustee for Healthcarepays Network; Eric Montagne, individually and as trustee for Healthcarepays Network; Thomas J. Wudarski, individually and as trustee for Healthcarepays Network; Robert Hunt, individually and as trustee for Healthcarepays Network; Massie Meredith, individually and as trustee for Healthcarepays Network; Julia Posacki, individually and as trustee for Healthcarepays Network; and John Does
Plaintiff says he loaned Healthcarepays $100,000 in 2018, as it was represented he was investing in 4C Health Solutions, that the note matured in March 2020, and on Oct. 21, 2021, he contacted defendants saying that he wanted to cash out, unaware that Healtcarepays was terminated by the Virginia State Corporation Commission on May 31, 2020, for failure to pay annual registration fees. Plaintiff alleges breach of fiduciary duties and seeks judgment in the principal amount of $100,000.
Attorneys: Thomas H. Roberts of Thomas H. Roberts & Associates
Filed: 12/6/2023
CL23004495

Midcap Trade Finance, LLC v. Polymer Processors, LLC n/k/a Polycap, LLC; Thomas Lato; and Thomas Lato a/k/a Tom Lato
Plaintiff says it bought purchase orders and provided operating funds at defendants’ request, and is owed $66,040.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 12/7/2023
CL23004533

Henrico Circuit Court

Short Pump Town Center, LLC. v. Pit & Peel Inc.
Plaintiff says defendant has failed to pay rent and other charges on 1,500 sf at the mall, and it notified defendant on May 8, 2023, that $68,711.27 was due and demanded defendant pay all sums due pursuant to the lease, then terminated the lease, with defendant vacating in/about July 2023. Plaintiff seeks judgment of $131,717.05, for past due rent Nov. 1, 2022-July 31, 2023, and continuing rent through Dec. 31, 2023.
Attorneys: Annemarie DiNardo Cleary, Cody T. Murphey and Ashley A. Davoli of Eckert Seamans Cherin & Mellott
Filed: 12/11/2023
CL23008112

Zane Houff v. Tiffin Motorhomes, Inc. and General R.V. Center, Inc.
Plaintiff says on/about July 31, 2023, he purchased a 2023 Allegro Motor Home and paid the $326,563.54 purchase price in full, but immediately after taking possession experienced problems with the touch panel that controls most of the electrical functions of the RV, and he was required to leave the RV for repairs again and again, and in September notified defendant that the RV must be repaired promptly or he was filing suit, but when he picked it up before Thanksgiving and used it over the trip, the furnace and ice maker were not working and a previously clogged shower drain was still clogged. Plaintiff says the touch panel is still broken and as the RV is not usable, he returned it, but defendant has failed to return his money. Plaintiff alleges breach of contract and seeks judgment of $326,563.54 or a replacement vehicle.
Attorneys: C. Stephen Setliff and Todd A. Knode of Setliff Law
Filed: 12/11/2023
CL23008113

Richmond Circuit Court

Deborah Herndon v. Trauma Void, LLC; Trauma Void; Smartpak Equine, LLC; Clayton, Dubilier & Rice, LLC; Butler Animal Health Supply, LLC; TRG Capital, L.P.; Covetrus, Inc.; Back on Track Products Australia; Back on Track USA, Inc.; Back on Track BOT, LLC; and Back on Track AB
Plaintiff says on Dec. 2, 2021, while horseback riding, she was thrown from her horse and fell to the ground, with her head making direct contact, and part of defendants’ defective equine helmet broke away, causing her to sustain catastrophic injuries and trauma. Plaintiff alleges negligence and seeks compensatory damages of $30 million, and punitive, $350,000.
Attorneys: David L. Hauck, Caroline V. Davis, Justin S. Gravatt and David L. Campbell of Duane, Hauck, Davis, Gravatt & Campbell
Filed: 12/1/2023
CL23005350

Janice D. Garner v. Taco Bell of America, LLC d/b/a Taco Bell; Burgerbusters, Inc. d/b/a Taco Bell; and Burgerbusters VIII, LLC d/b/a Taco Bell
Plaintiff says on Dec. 29, 2021, at 6720 Midlothian Turnpike, as she opened the door to enter, an unsecured floor mat slipped, causing her to fall and sustain injuries. Plaintiff asks judgment of $74,900.
Attorneys: Joel R. McClellan and Robin M. Nagel of Marks & Harrison
Filed: 12/4/2023
CL23005359

Eboni McEntyre v. Westport Operator LLC d/b/a Westport Rehabilitation and Nursing Center
Plaintiff, who was working at defendant facility as a travel nurse, says on/about Jan. 4, 2022, she slipped and fell on ice in the parking lot, suffering significant injury. Plaintiff seeks judgment of $500,000.
Attorneys: Gregory William Klein of Klein, Rowell & Shall
Filed: 12/11/2023
CL23005470

Rhyder Villa, infant by Tiffany Villa, mother and next friend v. The St. Catherine’s School Foundation d/b/a Brilliant Summer at St. Catherine’s; Carin Trice; Rachel Gruber; and Lewis A. James III
Plaintiff says Tiffany was in the girls’ softball summer program, and on/about Aug. 8, 2023, was attempting to learn how to slide into a base under defendants’ direction, but was left unattended on a grass portion of the field wearing cleats, and the cleats grasped the grass, causing severe injuries. Plaintiff says defendants failed to provide adequate instruction and seeks judgment of $2 million.
Attorneys: Jay Tronfeld and Jen F. Mattingley of Tronfeld West & Durrett
Filed: 12/11/2023
CL23005477

Terra Futrell v. Roman Nail Bar LTD d/b/a Roman Nail Bar
Plaintiff says on/about May 10, 2022, defendant negligently performed nail care services, causing her to sustain a serious infection in her right index finger. Plaintiff seeks judgment of $500,000.
Attorneys: Brooke Alexander of River Run Law Group
Filed: 12/11/2023
CL23005478

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