The Docket: Local Court Roundup for 9/29/22
Chesterfield Circuit Court
Kapitus Servicing, Inc. c. Integrity Family Care North Alabama, LLC d/b/a Integrity Family Care; Jason Lockette; and Jonathan Osborne Jr.
Plaintiff claims the Alabama company is in default of a loan agreement and seeks judgment in principal amount of $152,500.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Henrico Circuit Court
DHGII-Newmark South Hill LLC v. NBJ Architecture and Nilkanth R. Bhatt aka “Neil” Bhatt
Plaintiff asserts that Defendant failed to obtain updated Microtel “brand standards” documentation prior to commencing a hotel project in South Hill, and that Defendant’s shortcomings and errors in drafting the plans led to the project’s failure to comply with Microtel standards or the building code, imposing delays and expense. The plaintiff seeks a judgment of $750,000.
Lawyers: Bradley P. Marrs of Marrs & Henry
Valerie Walker vs. Miketa Logan Page and Oxygen Marketing & Management LLC
Plaintiff says Defendant posed as a rental housing search and placement agency, and after paying for services in cash, Plaintiff says Defendant unlawfully sublet to Plaintiff his own rental property within Lakefield Mews Apartments, and that the Defendant failed to remit the rent money that the Plaintiff paid to the management of the apartment, leading to his eviction on/around October 14, 2021. The Plaintiff seeks damages- compensatory interest of $19,914 and punitive interest of $500,000.
Lawyers: Michaela B. Ross of Hunton Andrews Kurth
Audacy Pennsylvania, LLC d/b/a WTDY/WOGI v. Emmett M. Avery IV d/b/a Events & Adventures, LLC
The plaintiff alleges that the defendant failed to pay for the contracted goods and services and seeks a judgment of $30,450.
Attorneys: Daniel J. Pesachowitz of Samuel I. White
Wells Fargo Bank, National Association, as trustee of Morgan Stanley Capital I Trust 2021-L6, Commercial Mortgage Pass-Through Certificates, Series 2021-L6 v. Apex Glenwood VA LLC
Plaintiff declares that on/about June 22, 2021, Argentic Real Estate Finance LLC, the original lender, loaned to Defendant the principal sum of $13 million, secured by, among other things, a deed of trust, an assignment of leases and rents and a security agreement. Plaintiff says that Defendant defaulted, failing to pay monthly debt service payments and reserve deposits due in July and August 2022, and on/about August 15, 2022, Plaintiff notified Defendant that, due to the default, the loan had been accelerated and the outstanding balance was now due. Plaintiff declares that on/about August 26, 2022, he was denied a property inspection, breach of loan agreement, and became aware of additional defects, including a complaint filed by the Virginia Housing Development Authority on/about August 17, 2022, which seeks specific performance and a permanent injunction against the defendant, and the existence of code violations. Plaintiff seeks the appointment of a special receiver to protect, maintain and operate the property, and any other relief the court deems appropriate.
Lawyers: Peter J. Barrett of Kutak Rock
William J. Dillon c. BAE Systems Ordnance Systems, Inc. aka BAE Systems, Inc. aka Ordnance Systems, Inc.; and BAE Systems, Inc.
Plaintiff says that at the time of the incident he was employed by Fireworks by Grucci, located at the Radford Army Ammunition Plant, and that Defendant is engaged in the manufacture of military grade energetics for ammunition systems and the production of explosive and propellant products for the US Department of Defense. and other customers. Claimant says that on/around September 17, 2020, as he was loading packages into his vehicle and starting to drive away, making his way out of the munitions factory, he was overwhelmed by clouds harmful chemicals and/or pollutants he later discovered was nitric acid. The plaintiff says he was diagnosed with chemical pneumonia and since the exposure his lung and heart health has seriously deteriorated. The plaintiff seeks a judgment of $15 million.
Lawyers: Keith B. Marcus of Blank & Marcus
Richmond Circuit Court
Jermaine Hickman vs. Kroger, LLC as Kroger #514
Plaintiff says that on February 13, 2021, at 7000 Tim Price Way, he slipped on what was later identified as clear hand sanitizer, fell and suffered serious injuries. The plaintiff seeks damages of $500,000.
Attorneys: David L. Epperly of Epperly & Follis
Alsco, Inc. v LTC Holdings, Inc. as Medical Facilities of America
The plaintiff claims that the defendant breached a contract by unlawfully and prematurely terminating the parties’ contract and by not paying the sums due. The plaintiff seeks a judgment of $732,975.79.
Lawyers: Bradley P. Marrs and Patrick C. Henry II of Marrs & Henry
Class ; 09/09/2022
Mary Bitner v. Texas Roadhouse; Texas Roadhouse Management Group; and Texas Roadhouse, Inc.
The Complainant says that on/around November 2, 2020, while exiting Colonial Heights Restaurant, she fell from the sidewalk onto the sidewalk due to insufficient lighting and a defect in the sidewalk. The plaintiff seeks a judgment of $74,000 for her injuries.
Lawyers: Michael R. Krol and Robert G. Maury of the law firm Maury & Krol
Michael A. Drayton c. Chippenham and Johnston-Willis Hospitals, Inc. d/b/a Chippenham and/or CJW Medical Center-Chippenham Campus; Chippenham Hospital; Chippenham Hospital, Inc.; Healthcare Capital Division of HCA; and 10 related HCA entities
Plaintiff says on/around September 21 or 22, 2020, nursing staff, in an attempt to turn him in bed on his left side without taking care to protect his left hip and leg, paralyzed by a stroke, resulted in a severe fracture of the femur and permanent injuries. The plaintiff seeks a judgment of $2.5 million.
Lawyers: Sidney Schupak of the law firm Schupak
William R. Watson vs. K1 Speed, Inc. and Chesterfield Associates 2017 LLC
Plaintiff states that on May 22, 2022, at 1365 Carmia Way, Defendants did not reasonably prevent or attempt to prevent moving karts from crashing into stationary karts, and did not warn of pile-ups at the hairpin bend, and he suffered serious injuries when a kart slammed into him, hitting him with such force that his helmet was dislodged and thrown several yards. The plaintiff seeks damages of $250,000.
Lawyers: John C. Shea and Tara A. Enix of Marks & Harrison
Yann Nury v. Twisted-USA, LLC d/b/a Twisted North America
Plaintiff says he ordered a custom motor vehicle on August 25, 2021, for $265,000, paying 50% of the purchase price by December 14, 2021 in installment deposits, with an estimated delivery date of October 2022, but in August 2022 received the required construction schedule that was to be provided at the time of its last filing, which indicated project completion in February 2023, at least four months after the contract date. The plaintiff alleges breach of contract and asserts that the defendant refused to reimburse his installments. The plaintiff seeks a judgment of $132,500.
Attorneys: Vernon E. Inge Jr. and Robert William Best of Whiteford, Taylor & Preston
Kapitus Servicing, Inc. c. Metropolitan Atlantic Automotive Limited Liability Company d/b/a Metropolitan Atlantic Automotive; and Melody Trice
The plaintiff alleges that the Atlanta company is in default of a forward purchase agreement and seeks judgment in the principal amount of $162,761.
Lawyers: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato