The Docket: Local Court Roundup For 8.29.24

Chesterfield Circuit Court

Kapitus Servicing, Inc. v. JSL Iceberg Air Conditioning & Heating d/b/a JSL Iceberg Air Conditioning & Heating; and Justin Lee
Plaintiff says the Nevada business is in default of a forward purchase agreement and seeks judgment in the principal amount of $137,245.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/13/2024
CL24003113

KHS & Company CPA, Inc. v. Kimberly H. Smith; William M. Smith; and Kimberly H. Smith PC
Plaintiff seeks injunctive relief enjoining all defendants from interfering with plaintiff’s leases, contracts, software subscription, IRS electronic filing number, and a directive ordering defendants to turn over and cease using any and all account credentials for services contracts held by plaintiff. Plaintiff seeks judgment of $500,000 for common law conspiracy with other parties and willfully and maliciously harming plaintiff, and punitive damages of $350,000.
Attorneys: David G. Browne of Spiro & Browne
Filed: 8/15/2024
CL24003146

Kapitus Servicing, Inc. v. Clarity Diagnostics, LLC d/b/a Clarity Diagnostics; Richard Simpson; and Joseph Chalil
Plaintiff says the Florida business is in default of a forward purchase agreement and seeks judgment in the principal amount of $170,905.
Attorneys: Nhon H. Nguyen of Nguyen|Ballato
Filed: 8/15/2024
CL24003157

American Express National Bank v. Bradley Sladek and XYZ University, LLC
Plaintiff says defendants purchased goods and services on credit, and owe $38,818.21.
Attorneys: Liza Castles of Levy Law Firm
Filed: 8/21/2024
CL24003218

Henrico Circuit Court

Jane Brooks, administrator of the estate of Melvin Reed, deceased v. Fredericksburg NJ TE LLC d/b/a Poet’s Walk Fredericksburg; Spring Hills, LLC; and Diana Marks
Plaintiff says despite defendants’ knowing that decedent was a high fall risk, they failed to ensure he received the supervision and assistance he required, and he fell three times within approximately a 2-month period, the last on Aug. 28, 2023, which fractured his femur. Plaintiff says decedent’s condition deteriorated, and he died on Sept. 8. Plaintiff asks judgment of $4 million.
Attorneys: Ellen C. Bognar of Allen, Allen, Allen & Allen
Filed: 8/13/2024
CL24005273

Union Tower, LLC v. Matheus Academy, Inc. and Calvin Woo
Plaintiff says defendant is in default of a lease agreement for 3401 Cox Road, having failed to make payments since October 2023, and has vacated the premises with plaintiff unable to re-let. Plaintiff seeks judgment of $167,059.88.
Attorneys: Kevin J. Funk of Durrette, Arkema, Gerson & Gill
Filed: 8/16/2024
CL24005384

Gary D. Harvey, administrator of the estate of Debra H. Harvey, deceased v. Wythe Physicians for Women, PLLC d/b/a Wythe Physicians for Women; Wythe County Community Hospital, LLC d/b/a Wythe County Community Hospital; Elizabeth A. Fox, M.D.; Johnston Memorial Hospital, Inc. d/b/a Johnston Memorial Hospital; Navid Behrooz, M.D. and David N. Auerbach, M.D.
Plaintiff says on June 12, 2023, Fox perforated decedent’s bowel during a laparoscopic assisted vaginal hysterectomy, and subsequent actions and inactions by defendants led to her death June 15 from the perforation and septic shock. Plaintiff seeks judgment of $3 million.
Attorneys: Charles H. Smith III and Nicholas A. Beck of Gentry Locke
Filed: 8/19/2024
CL24005421

Timothy Fitzwilliams v. Ryan & Ames, L.L.C. and John F. Ames
Plaintiff says beginning in summer 2023, he was fraudulently induced with numerous misrepresentations into purchasing a 49% minority interest in defendant firm, with such misrepresentations that defendants would provide him access to the firm’s confidential lists of accounting clients so that he could sell these clients financial planning services, have his name added to the firm’s name, and provide him office space. Plaintiff says shortly after delivering the $300,000 purchase price and an additional $49,000, he learned that he had been duped, and seeks compensatory damages of $349,000, and punitive, $350,000.
Attorneys: Jason E. Ohana of Willcox & Savage
Filed: 8/20/2024
CL24005423

Richmond Circuit Court

JRC Mechanical, LLC v. Sanford Federal, Inc. d/b/a Talon Veteran Services, Inc.; and Markel Insurance Company
Plaintiff says defendants are in breach of contract in connection with a settlement agreement executed for dismissal of a federal court action. Plaintiff asks judgment of $206,699.75.
Attorneys: Nathaniel L. Story, Connor S. Bleakley and Alexandria N. Pinkleton of Hirschler Fleischer
Filed: 8/12/2024
CL24003481

Natayja Allen v. Red Robin America’s Gourmet Burgers and Spirits (Chesterfield Co) a/k/a Red Robin International, Inc. d/b/a Red Robin; and Jane Doe, an unknown employee or agent a/k/a “Nay”
Plaintiff claims damages of $65,000, saying on/about June 19, 2023, while sitting at the bar at 11500 Midlothian Turnpike, Doe negligently caused a drinking glass to break and shatter, and a shard lacerated her thigh, requiring stitches.
Attorneys: Leslie Dalton and David S. Galeski of Marks & Harrison
Filed: 8/15/2024
CL4003514

Employee Mutual Casualty Company a/s/o Hungerford Oil Company, Inc. v. Stuart Wade Patterson, individually and Stuart W. Patterson d/b/a Patterson Hauling
Plaintiff says defendant was contracted to remove a boiler from the basement of a private residence, and in doing so spilled substantial amounts of soot from the boiler that permeated the residence, necessitating extensive cleaning. Plaintiff seeks judgment of $29,808.67.
Attorneys: C. Carter Wailes of Chaplin & Gonet
Filed: 8/16/2025
CL24003526

Channel Partners Capital, LLC d/b/a Channel Partners Equipment Finance v. RG Innovations LLC d/b/a RG Innovations; and Jose Grande Flores
Plaintiff says defendant has failed to make monthly payments on equipment, with a balance of $70,395.31 due and owing.
Attorneys: Craig A. Parker of Parker, Simon & Kokolis
Filed: 8/21/2024
CL24003558

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