The Docket: Local court roundup for 3.14.24

Chesterfield Circuit Court

Emma Howell, by her next friends, Jennifer Howell and Brian Howell v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 9 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $1 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000772

Mila Sorley, by her next friends, Elizabeth Sorley and Jonathon Sorley v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 6 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $1 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000773

Gracelynn Moser, by her next friends, Jessica Moser and Michael Moser v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 4 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $10 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000775

Regina Sawyer v. Valvoline LLC
Plaintiff says on Aug. 6, 2023, she took her 2013 Land Rover to defendant’s location at 10850 Iron Bridge Road for an oil change, but on the same date, her warning light came on and her vehicle stopped functioning and she had it towed to her home. Plaintiff says a defendant representative confirmed that there was no oil filter or engine oil in the vehicle, which damaged the engine. Plaintiff says defendant refused to return her vehicle for an extended period and failed to communicate with KAZ Automotive, where defendant had transferred the vehicle, regarding its status, which resulted in the vehicle’s impoundment. Plaintiff says the vehicle was totaled, she was forced to pay vehicle rental and travel expenses, and she had to purchase another vehicle, and seeks damages of $88,305.42.
Attorneys: Bennette H. Sharpe IV of Owen & Owens
Filed: 2/28/2024
CL24000811

Henrico Circuit Court

Kapitus Servicing, Inc. v. D & N Acoustics, Inc. d/b/a D & N Acoustics; and Natasha Toohey
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $157,645.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001347

Kapitus Servicing, Inc. v. Sun Tech Air Conditioning LLC d/b/a Sun Tech Air Conditioning; and Jason Williamson
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $154,150.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001349

Kapitus Servicing, Inc. v. Cameron Roe, PLLC d/b/a Anna Disc Center/Anna Chiropractic Center; and Cameron Roe
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $133,402.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001352

Keisha Jackson v. Lely Ly; and DH & P, LLC d/b/a Hollywood Nails
Plaintiff says nail tech Ly negligently performed a pedicure and manicure at 9039 W. Broad St. that included acrylic nail material known as fill and failed to use proper hygienic procedures before and after the fill, and failed to check and treat a cut on plaintiff’s finger caused by the negligence use of a nail drill, causing her to suffer severe and permanent injuries. Plaintiff asks judgment of $2 million.
Attorneys: William P. Hanson Jr. and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 2/29/2024
CL24001372

Larranne Wood v. Lulin Hu, MD, PhD; Associated Pathologists, LLC; Pathgroup (Salem CI); Anatomic Pathology Laboratory; Anatomic Pathology Laboratory of Salem; Marigny B. Roberts, M.D.; and Lewis-Gale Medical Center, LLC
Plaintiff says on July 16, 2018, she had a hysterectomy, and the report by defendants opined that the specimen contained no suspicion of cancer and to follow up every 3 years per standard guidelines. However, plaintiff says, an examination in June 2022 revealed two ovarian tumors, and in re-testing the 2018 specimen, Sloan Kettering Memorial Cancer Center revealed tubal intraepithelial cancer that had not been reported by defendants. Plaintiff says she has undergone extensive medical treatment in an effort to be cured, and because of defendants’ negligence, she has sustained serious injuries. Plaintiff seeks judgment of $4 million.
Attorneys: Irving M. Blank, Keith B. Marcus, and George O.Y. Naylor of Blank & Marcus
Filed: 2/29/2024
CL24001378

Richmond Circuit Court

Sydney Phillips v. Walmart, Inc.; Walmart Inc. d/b/a Sam’s Club; Wal-Mart Stores East, LP; Wal-Mart Stores, Inc.; Wal-Mart; Sam’s Club; and Sam’s Club #6365
Plaintiff says on/about February 28, 2022, in the Charlottesville store, she slipped on fell on a substance in the floor. Plaintiff claims damages of $74,900.
Attorneys: C. James Williams III and Kimberly J. Raab of Burnett & Williams
Filed: 2/26/2024
CL24000853

Harold Richardson v. Elvi Antonio Antigua a/k/a Elvis Antonio Antigua a/k/a Elvi Antonio Antigua Taveres; and Javin Auto Repair, LLC
Plaintiff says on/about March 18, 2022, at the repair shop at 3509 Hull St., Antigua was performing maintenance/repairs to a vehicle in the entrance to one of the bays, and after speaking to defendant and proceeding to the waiting room, defendant negligently caused hot and caustic fluids to spray from the vehicle, covering his body with heat and chemical burns. Plaintiff says he sustained serious permanent injuries and seeks judgment of $1.5 million.
Attorneys: George O.Y. Naylor and Keith B. Marcus of Blank & Marcus
Filed: 2/27/2024
CL24000905

Kapitus Servicing, Inc. v. Belette’s Custom Cabinets Group Inc. d/b/a Belette’s Custom Cabinets; Marino Belette; and Francisco Belette Muguercia
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $186,405.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/26/2024
CL24000915

Kapitus Servicing, Inc. v. Briar Ridge Auto, L.L.C. d/b/a Briar Ridge Auto; and Daniel Mayhugh
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $132,775.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/26/2024
CL24000919

Chesterfield Circuit Court

Emma Howell, by her next friends, Jennifer Howell and Brian Howell v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 9 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $1 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000772

Mila Sorley, by her next friends, Elizabeth Sorley and Jonathon Sorley v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 6 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $1 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000773

Gracelynn Moser, by her next friends, Jessica Moser and Michael Moser v. Swim Metro Management, Inc. and Harper’s Mill Homeowners Assoc.
Plaintiff, now 4 years old, says on/about June 15, 2022, while visiting the Harper’s Mill community pool, she was directly exposed to caustic fumes when the water suddenly turned green, releasing toxically high amounts of chlorine and muriatic acid, resulting in serious and life-threatening injury. Plaintiff seeks judgment of $10 million.
Attorneys: Theodore W. Briscoe III and Alyssa Fetterolf of Gregory R. McDonald &
Associates
Filed: 2/26/2024
CL24000775

Regina Sawyer v. Valvoline LLC
Plaintiff says on Aug. 6, 2023, she took her 2013 Land Rover to defendant’s location at 10850 Iron Bridge Road for an oil change, but on the same date, her warning light came on and her vehicle stopped functioning and she had it towed to her home. Plaintiff says a defendant representative confirmed that there was no oil filter or engine oil in the vehicle, which damaged the engine. Plaintiff says defendant refused to return her vehicle for an extended period and failed to communicate with KAZ Automotive, where defendant had transferred the vehicle, regarding its status, which resulted in the vehicle’s impoundment. Plaintiff says the vehicle was totaled, she was forced to pay vehicle rental and travel expenses, and she had to purchase another vehicle, and seeks damages of $88,305.42.
Attorneys: Bennette H. Sharpe IV of Owen & Owens
Filed: 2/28/2024
CL24000811

Henrico Circuit Court

Kapitus Servicing, Inc. v. D & N Acoustics, Inc. d/b/a D & N Acoustics; and Natasha Toohey
Plaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $157,645.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001347

Kapitus Servicing, Inc. v. Sun Tech Air Conditioning LLC d/b/a Sun Tech Air Conditioning; and Jason Williamson
Plaintiff says the Arizona business is in default of a loan agreement and seeks judgment in the principal amount of $154,150.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001349

Kapitus Servicing, Inc. v. Cameron Roe, PLLC d/b/a Anna Disc Center/Anna Chiropractic Center; and Cameron Roe
Plaintiff says the Texas business is in default of a forward purchase agreement and seeks judgment in the principal amount of $133,402.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/28/2024
CL24001352

Keisha Jackson v. Lely Ly; and DH & P, LLC d/b/a Hollywood Nails
Plaintiff says nail tech Ly negligently performed a pedicure and manicure at 9039 W. Broad St. that included acrylic nail material known as fill and failed to use proper hygienic procedures before and after the fill, and failed to check and treat a cut on plaintiff’s finger caused by the negligence use of a nail drill, causing her to suffer severe and permanent injuries. Plaintiff asks judgment of $2 million.
Attorneys: William P. Hanson Jr. and Philip S. Marstiller Jr. of Emroch & Kilduff
Filed: 2/29/2024
CL24001372

Larranne Wood v. Lulin Hu, MD, PhD; Associated Pathologists, LLC; Pathgroup (Salem CI); Anatomic Pathology Laboratory; Anatomic Pathology Laboratory of Salem; Marigny B. Roberts, M.D.; and Lewis-Gale Medical Center, LLC
Plaintiff says on July 16, 2018, she had a hysterectomy, and the report by defendants opined that the specimen contained no suspicion of cancer and to follow up every 3 years per standard guidelines. However, plaintiff says, an examination in June 2022 revealed two ovarian tumors, and in re-testing the 2018 specimen, Sloan Kettering Memorial Cancer Center revealed tubal intraepithelial cancer that had not been reported by defendants. Plaintiff says she has undergone extensive medical treatment in an effort to be cured, and because of defendants’ negligence, she has sustained serious injuries. Plaintiff seeks judgment of $4 million.
Attorneys: Irving M. Blank, Keith B. Marcus, and George O.Y. Naylor of Blank & Marcus
Filed: 2/29/2024
CL24001378

Richmond Circuit Court

Sydney Phillips v. Walmart, Inc.; Walmart Inc. d/b/a Sam’s Club; Wal-Mart Stores East, LP; Wal-Mart Stores, Inc.; Wal-Mart; Sam’s Club; and Sam’s Club #6365
Plaintiff says on/about February 28, 2022, in the Charlottesville store, she slipped on fell on a substance in the floor. Plaintiff claims damages of $74,900.
Attorneys: C. James Williams III and Kimberly J. Raab of Burnett & Williams
Filed: 2/26/2024
CL24000853

Harold Richardson v. Elvi Antonio Antigua a/k/a Elvis Antonio Antigua a/k/a Elvi Antonio Antigua Taveres; and Javin Auto Repair, LLC
Plaintiff says on/about March 18, 2022, at the repair shop at 3509 Hull St., Antigua was performing maintenance/repairs to a vehicle in the entrance to one of the bays, and after speaking to defendant and proceeding to the waiting room, defendant negligently caused hot and caustic fluids to spray from the vehicle, covering his body with heat and chemical burns. Plaintiff says he sustained serious permanent injuries and seeks judgment of $1.5 million.
Attorneys: George O.Y. Naylor and Keith B. Marcus of Blank & Marcus
Filed: 2/27/2024
CL24000905

Kapitus Servicing, Inc. v. Belette’s Custom Cabinets Group Inc. d/b/a Belette’s Custom Cabinets; Marino Belette; and Francisco Belette Muguercia
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $186,405.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/26/2024
CL24000915

Kapitus Servicing, Inc. v. Briar Ridge Auto, L.L.C. d/b/a Briar Ridge Auto; and Daniel Mayhugh
Plaintiff says the Ohio business is in default of a loan agreement and seeks judgment in the principal amount of $132,775.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 2/26/2024
CL24000919

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