The Docket: Local court roundup for 1.23.25

Chesterfield Circuit Court

Dennis Harrup III and Central Virginia Aviation, Inc. v. Daniel Oakey; Advantus Strategies, LLC; and Virginia Aviation Business Association
Plaintiff, a retired Air Force fighter pilot, says he build CVA into a successful business over the past 30+ years, engaged in providing chartered flight services, aircraft maintenance and aircraft sales, and that due to his professionalism and integrity has been able to win prominent political officeholders as clients for his charter flight business by word of mouth. Plaintiff says defendant, a lobbyist, chairman of Advantus and president of VABA, a nonprofit that promotes the development of the aviation business in the Commonwealth, on April 14, 2024, called Del. Wren Williams, a member of the Virginia General Assembly, and attempted to influence him on behalf of an Advantus client and/or for the VABA, to the detriment of plaintiff and his business, and told Williams that “he [Harrup] is a bad guy. He is running guns and drugs from South America,” which Oakey knew to be false. Plaintiff says he had to reach out to friends and legislators to vouch for his character to assure them he was not a drug/arms dealer, and the reputational damage is severe, as plaintiff makes his living in a tightly regulated industry that requires him to obtain and maintain federally issued licenses. Plaintiff says defendant’s malicious defamation has impacted his business and he seeks compensatory damages of $25 million, and punitive, $350,000.
Attorneys: J. Buckley Warden IV and Phillip A. Sitz of ThompsonMcMullan
Filed: 1/14/2025
CL25000485

Henrico Circuit Court

Jane Doe v. Holding Onto Our Dreams, LLC d/b/a Massage Luxe; and Hunter T. Smith
Plaintiff says on/about April 9, 2022, at 9054 Staples Mill Road, Smith inserted his fingers into her vagina while giving her a massage, and that defendant company knew that Smith had previously been employed by Massage Envy, but never inquired as to whether complaints had been filed against him, when he had been terminated for inappropriately touching a client’s vagina. Plaintiff alleges assault and negligence and seeks judgment of $3.5 million, and punitive, $1 million.
Attorneys: Courtney Leigh Winston and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 1/9/2025
CL25000158

Donny Preval v. CVS Pharmacy, Inc.
Plaintiff, who identifies as African-American, male and bisexual, says he worked as a pharmacist beginning January 2015, then as a pharmacy district manager responsible for operations of approximately 20 stores in the Richmond area until he was wrongfully terminated Jan. 11, 2024, after reporting a new pharmacy tech’s threats to the store, to employees and to him, a report that was never investigated. Plaintiff alleges discrimination and retaliation and seeks judgment of $1 million.
Attorneys: Monica L. Mroz, L. Leigh Rhoads and Brittany M. Haddox of Virginia
Employment Law
Filed: 1/9/2025
CL25000159

Emily Carter v. RVA Nails Spa LLC d/b/a RVA Nails; Minh Le; and Linh Trinh
Plaintiff says on Jan. 19, 2023, following a pedicure at 8191 Brook Road, she began experiencing throbbing pain in both her big toes, which became discolored and started leaking pus. Plaintiff says the pedicure was performed with unsterilized instruments and she was required to seek treatment by a foot specialist, who diagnosed her with a fungal infection, and she continues to suffer with injuries. Plaintiff asks judgment of $60,000.
Attorneys: Jonathan E. Halperin and Darrell J. Getman of Halperin Law Center
Filed: 1/13/2025
CL25000211

Kinneret Colon v. Victoria Davis, M.D.; West End Obstetrics & Gynecology, P.C.; HCA Physician Services, Inc.; and HCA Health Services of Virginia, Inc. d/b/a HCA Virginia Henrico Doctors’ Hospital
Plaintiff says she presented March 11, 2023, in labor with her first child, but also reported pain in her lower left leg, which worsened the next day. Plaintiff says defendants failed to perform MRI testing then, and until the evening of March 13, and by the next morning she has lost the ability to flex her foot and to walk. Plaintiff says because of defendants’ negligence and failure to timely diagnose and treat acute compartment syndrome, which led to four surgeries, she had suffered significant and permanent injuries, including nerve damage. Plaintiff seeks judgment of $5 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 1/15/2025
CL25000288

Richmond Circuit Court

Darlene Smith v. LexisNexis Risk Solutions, Inc.
Plaintiff says in February 2023, she discovered defendant was inaccurately reporting information that belonged to other consumers on her credit report, failed to provide plaintiff with their full investigation into her dispute, and failed to provide a consumer report based upon her file revised as a result of the re-investigation. Plaintiff says she has suffered out-of-pocket expenses, emotional distress and inconvenience, and seeks damages of $250,000, and punitive $2.5 million.
Attorneys: Drew S. Sarrett of Consumer Litigation Associates
Filed: 1/10/2025
CL25000092

Arlene Fenner v. LexisNexis Risk Solutions, Inc.
Plaintiff says in March 2022, she discovered defendant was inaccurately reporting information that belonged to other consumers on her credit report – half of 253 separate records contained inaccurate information – failed to provide plaintiff with their full investigation into her dispute, and failed to provide a consumer report based upon her file revised as a result of the re-investigation. Plaintiff says she has suffered out-of-pocket expenses, emotional distress and inconvenience, and seeks damages of $250,000, and punitive $2.5 million.
Attorneys: Drew S. Sarrett of Consumer Litigation Associates
Filed: 1/10/2025
CL25000093

Myah R. Scott v. Cathcart Properties Inc. d/b/a Cathcart Group; Cathcart Management, LLC d/b/a Cathcart Property Management; Cathcart Construction LLC; The Reserve at Rivington, LLC; Gilbert Masonry, Inc.; and Airo Mechanical, LLC d/b/a Airo Mechanical VA, LLC
Plaintiff, 17 at the time, says on June 19, 2023, as she prepared to cook at an outdoor station provided by defendants in a common area at The Reserve at Rivington apartments and turned the gas grill on, it suddenly and violently exploded, causing significant burns and other injuries. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: John C Shea, Lee J. Bujakowski and Michael J. Braggs of Marks & Harrison
Filed: 1/13/2025
CL25000148

Helen Whitaker v. Manor Care-Imperial of Richmond VA, LLC t/a Promedica Skilled Nursing and Rehabilitation (Imperial) and ManorCare Health Services-Imperial; HCR Healthcare, LLC; and 7 additional related entities
Plaintiff says defendants, at their Rosedale facility, allowed her to fall out of bed, sustaining a C7 fracture with ongoing severe neck pain. Plaintiff seeks judgment of $3 million.
Attorneys: Robert W. Carter and Mary Estfanous
Filed: 1/13/2025
CL25000153

Chesterfield Circuit Court

Dennis Harrup III and Central Virginia Aviation, Inc. v. Daniel Oakey; Advantus Strategies, LLC; and Virginia Aviation Business Association
Plaintiff, a retired Air Force fighter pilot, says he build CVA into a successful business over the past 30+ years, engaged in providing chartered flight services, aircraft maintenance and aircraft sales, and that due to his professionalism and integrity has been able to win prominent political officeholders as clients for his charter flight business by word of mouth. Plaintiff says defendant, a lobbyist, chairman of Advantus and president of VABA, a nonprofit that promotes the development of the aviation business in the Commonwealth, on April 14, 2024, called Del. Wren Williams, a member of the Virginia General Assembly, and attempted to influence him on behalf of an Advantus client and/or for the VABA, to the detriment of plaintiff and his business, and told Williams that “he [Harrup] is a bad guy. He is running guns and drugs from South America,” which Oakey knew to be false. Plaintiff says he had to reach out to friends and legislators to vouch for his character to assure them he was not a drug/arms dealer, and the reputational damage is severe, as plaintiff makes his living in a tightly regulated industry that requires him to obtain and maintain federally issued licenses. Plaintiff says defendant’s malicious defamation has impacted his business and he seeks compensatory damages of $25 million, and punitive, $350,000.
Attorneys: J. Buckley Warden IV and Phillip A. Sitz of ThompsonMcMullan
Filed: 1/14/2025
CL25000485

Henrico Circuit Court

Jane Doe v. Holding Onto Our Dreams, LLC d/b/a Massage Luxe; and Hunter T. Smith
Plaintiff says on/about April 9, 2022, at 9054 Staples Mill Road, Smith inserted his fingers into her vagina while giving her a massage, and that defendant company knew that Smith had previously been employed by Massage Envy, but never inquired as to whether complaints had been filed against him, when he had been terminated for inappropriately touching a client’s vagina. Plaintiff alleges assault and negligence and seeks judgment of $3.5 million, and punitive, $1 million.
Attorneys: Courtney Leigh Winston and Robert C.T. Reed of Allen, Allen, Allen & Allen
Filed: 1/9/2025
CL25000158

Donny Preval v. CVS Pharmacy, Inc.
Plaintiff, who identifies as African-American, male and bisexual, says he worked as a pharmacist beginning January 2015, then as a pharmacy district manager responsible for operations of approximately 20 stores in the Richmond area until he was wrongfully terminated Jan. 11, 2024, after reporting a new pharmacy tech’s threats to the store, to employees and to him, a report that was never investigated. Plaintiff alleges discrimination and retaliation and seeks judgment of $1 million.
Attorneys: Monica L. Mroz, L. Leigh Rhoads and Brittany M. Haddox of Virginia
Employment Law
Filed: 1/9/2025
CL25000159

Emily Carter v. RVA Nails Spa LLC d/b/a RVA Nails; Minh Le; and Linh Trinh
Plaintiff says on Jan. 19, 2023, following a pedicure at 8191 Brook Road, she began experiencing throbbing pain in both her big toes, which became discolored and started leaking pus. Plaintiff says the pedicure was performed with unsterilized instruments and she was required to seek treatment by a foot specialist, who diagnosed her with a fungal infection, and she continues to suffer with injuries. Plaintiff asks judgment of $60,000.
Attorneys: Jonathan E. Halperin and Darrell J. Getman of Halperin Law Center
Filed: 1/13/2025
CL25000211

Kinneret Colon v. Victoria Davis, M.D.; West End Obstetrics & Gynecology, P.C.; HCA Physician Services, Inc.; and HCA Health Services of Virginia, Inc. d/b/a HCA Virginia Henrico Doctors’ Hospital
Plaintiff says she presented March 11, 2023, in labor with her first child, but also reported pain in her lower left leg, which worsened the next day. Plaintiff says defendants failed to perform MRI testing then, and until the evening of March 13, and by the next morning she has lost the ability to flex her foot and to walk. Plaintiff says because of defendants’ negligence and failure to timely diagnose and treat acute compartment syndrome, which led to four surgeries, she had suffered significant and permanent injuries, including nerve damage. Plaintiff seeks judgment of $5 million.
Attorneys: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 1/15/2025
CL25000288

Richmond Circuit Court

Darlene Smith v. LexisNexis Risk Solutions, Inc.
Plaintiff says in February 2023, she discovered defendant was inaccurately reporting information that belonged to other consumers on her credit report, failed to provide plaintiff with their full investigation into her dispute, and failed to provide a consumer report based upon her file revised as a result of the re-investigation. Plaintiff says she has suffered out-of-pocket expenses, emotional distress and inconvenience, and seeks damages of $250,000, and punitive $2.5 million.
Attorneys: Drew S. Sarrett of Consumer Litigation Associates
Filed: 1/10/2025
CL25000092

Arlene Fenner v. LexisNexis Risk Solutions, Inc.
Plaintiff says in March 2022, she discovered defendant was inaccurately reporting information that belonged to other consumers on her credit report – half of 253 separate records contained inaccurate information – failed to provide plaintiff with their full investigation into her dispute, and failed to provide a consumer report based upon her file revised as a result of the re-investigation. Plaintiff says she has suffered out-of-pocket expenses, emotional distress and inconvenience, and seeks damages of $250,000, and punitive $2.5 million.
Attorneys: Drew S. Sarrett of Consumer Litigation Associates
Filed: 1/10/2025
CL25000093

Myah R. Scott v. Cathcart Properties Inc. d/b/a Cathcart Group; Cathcart Management, LLC d/b/a Cathcart Property Management; Cathcart Construction LLC; The Reserve at Rivington, LLC; Gilbert Masonry, Inc.; and Airo Mechanical, LLC d/b/a Airo Mechanical VA, LLC
Plaintiff, 17 at the time, says on June 19, 2023, as she prepared to cook at an outdoor station provided by defendants in a common area at The Reserve at Rivington apartments and turned the gas grill on, it suddenly and violently exploded, causing significant burns and other injuries. Plaintiff alleges negligence and seeks judgment of $5 million.
Attorneys: John C Shea, Lee J. Bujakowski and Michael J. Braggs of Marks & Harrison
Filed: 1/13/2025
CL25000148

Helen Whitaker v. Manor Care-Imperial of Richmond VA, LLC t/a Promedica Skilled Nursing and Rehabilitation (Imperial) and ManorCare Health Services-Imperial; HCR Healthcare, LLC; and 7 additional related entities
Plaintiff says defendants, at their Rosedale facility, allowed her to fall out of bed, sustaining a C7 fracture with ongoing severe neck pain. Plaintiff seeks judgment of $3 million.
Attorneys: Robert W. Carter and Mary Estfanous
Filed: 1/13/2025
CL25000153

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