The Docket: Local court roundup for 8.3.23

Sep 12, 2023

Richmond BizSense August 3, 2023 0

WS Connelly & Co., Inc. d/b/a Landscape Supply, Inc. d/b/a Environmental Construction Solutions v. FCCI Insurance Co.Plaintiff says defendant owes the balance of $32,406.09 as compensation under a subcontractor payment bond for landscaping materials purchased for a solar farm project.Attorneys: William A. Young IIIFiled: 7/12/2023CL23002520

Juan Maranon v. The TJX Companies Inc. d/b/a T.J. MaxxPlaintiff says on/about July 16, 2021, in a Chesterfield store, he slipped and fell on water, incurring substantial medical bills. Plaintiff asks judgment of $500,000.Attorneys: T. Noel Brooks and Jesse Baez of Brooks & BaezFiled: 7/13/2023CL23002540

Cameron Reuschling, an infant by his parents and next friends Brittany Reuschling and Alex Reuschling; and Brittany Reuschling v. Djenabra M. Croskey, M.D. and OBHG Virginia LLC d/b/a OB Hospitalist GroupPlaintiff says during delivery on Aug. 15, 2021, due to defendants’ negligence, Cameron suffered nerve damage to his left arm, leaving him with permanent damages. Plaintiff seeks judgment of $3 million.Attorneys: Charles J. Zauzig and Melissa G. Ray of Nichols ZauzigFiled: 7/19/2023CL23002618

Charletta Barringer-Brown v. Virginia State University; Dr. Makola M. Abdullah, president; and The Board of VisitorsPlaintiff says defendant has failed to pay a pay differential due for 2018-2019, 2019-2020, and 2021-2022, and seeks judgment of $49,039.Attorneys: Pamela J. Branch of PJB LawFiled: 7/21/2023CL23002664

Sara Sarrett and Drew Sarrett v. C.L. Wright Roofing, Inc. and Ruiz Roofing, LLCPlaintiffs say Wright Roofing knowingly misrepresented its intent to employ an unlicensed subcontractor and breached its agreement with plaintiffs that their roof replacement would be performed in a workmanlike manner, with Ruiz Roofing removing the roof of their house and failing to cover it before a storm, resulting in thousands of dollars of water damage and mold and months of extensive remediation. Plaintiffs seek damages of $180,000.Attorneys: Michael C. Litman of Litman PLLCFiled: 7/25/2023CL23005155

Douglas H. Clendenin v. Greenbrier Management Company and Sonja L. ShepherdPlaintiff, employed as Greenbrier’s maintenance supervisor, says on/about Oct. 4, 2021, he was attacked and bitten in the right forearm by a pit bull owned by tenants at Carriage Club Apartments, where Shepherd was property manager, because defendants failed to enforce breed and weight restriction policies. Plaintiff alleges negligence and seeks judgment of $100,000.Attorneys: Gregory S. Hooe and Andrea R. Carver of Marks & HarrisonFiled: 7/27/2023CL23005213

Kevin Correa v. Caliber Bodyworks of Virginia, LLC d/b/a Caliber Collision CenterPlaintiff says on/about Jan. 11, 2022, he was on the premises to service the trash container when he slipped on ice on the lot and was injured. Plaintiff seeks judgment of $325,000.Attorneys: Gregory S. Hooe and Andrea R. Carver of Marks & HarrisonFiled: 7/28/2023CL23005230

Conserva Irrigation Franchisor, LLC v. CSA Irrigation LLC; Craig Ammons; and Connie AmmonsPlaintiff claims damages of $41,586.93, saying defendants have breached a franchise agreement by failing to timely pay fees and by abandoning the business.Attorneys: Clark J. Belote and Catrina C. Waltz of Kaufman & CanolesFiled: 7/28/2023CL23005236

Kapitus Servicing, Inc. v. Sun Stoppers LLC d/b/a Sun-Stoppers; and Dru BallardPlaintiff says the Maryland business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,985.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005276

Kapitus Servicing, Inc. v. Dryfix Services, Inc. d/b/a Dryfix Services; and Jamie VarelaPlaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $136,597.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005279

Kapitus Servicing, Inc. v. FSP & Remodeling LLC d/b/a Five Star Pools & Remodeling; and William JohnsonPlaintiff says the Texas business is in default of two forward purchase agreements and seeks judgment in the principal amount of $138,324.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005284

Carver Homes, LLC v. 721 West Clay Street, LLCPlaintiff says per a contract dated on/about Aug. 19, 2019, defendant agreed to make repairs and renovations to 106 E. Clay St. at a price of $60,000 after plaintiff purchased the property from defendant. Plaintiff says defendant has refused to perform the work detailed in the contract, and as a result, plaintiff had to hire other contractors, at a cost of $152,076.90. Plaintiff seeks judgment in the principal amount of $92,076.90.Attorneys: Robert Keith Caudle III of Caudle and CaudleFiled: 7/26/2023CL23003563

Moran Reeves & Conn, P.C. v. Comcast Cable Communications Management, LLCPlaintiff says since 2014, defendant has provided internet services, including an Ethernet Private Line that connects plaintiff’s office to one of its outside vendors to facilitate secure data connections. Plaintiff says in/around Mary 2018, it upgraded its EPL service from 50MG to 100MB, and when it changed vendors in/about October 2018, sought to have the remote end of the EPL tunnel changed from its old vendor in Richmond to its new one in Philadelphia. Plaintiff says, however, that since February 2019, defendant has consistently billed plaintiff $641.79 per month for the EPL line to the old vendor for a service that should have been disconnected, and that defendant charged a disconnection fee of $4,763.72 despite never disconnecting the service and made false representations to obstruct plaintiff from discovering the overcharges by incorrectly identifying them on the invoice. Plaintiff alleges fraudulent inducement and conversion and seeks judgment of $47,316.89.Attorneys: Stewart R. Pollock and Karlo Goranja of Moran Reeves & ConnFiled: 7/26/2023CL23003564

Estes Forwarding Worldwide, LLC v. Solar 4 America, Inc.Plaintiff says between February and May 2023, the California business tendered three international shipments of goods per a bill of lading contract and has failed to pay. Plaintiff seeks judgment of $26,607.46.Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & CoxFiled: 7/28/2023CL23003612

Sasha Royall v. Raymonda B. Ryce, MD; Stacey Sharp, MD; and Dominion Women’s Health, Inc.Plaintiff says during a total hysterectomy on Aug. 3, 2021, due to defendants’ negligence, her right ureter was transected, causing multiple complications and hospitalizations and surgery to repair her ureter. Plaintiff seeks judgment of $2.5 million.Attorneys: J. Thompson Cravens and Kent Benninger of Cravens & NollFiled: 7/28/2023CL23003609

WS Connelly & Co., Inc. d/b/a Landscape Supply, Inc. d/b/a Environmental Construction Solutions v. FCCI Insurance Co.Plaintiff says defendant owes the balance of $32,406.09 as compensation under a subcontractor payment bond for landscaping materials purchased for a solar farm project.Attorneys: William A. Young IIIFiled: 7/12/2023CL23002520

Juan Maranon v. The TJX Companies Inc. d/b/a T.J. MaxxPlaintiff says on/about July 16, 2021, in a Chesterfield store, he slipped and fell on water, incurring substantial medical bills. Plaintiff asks judgment of $500,000.Attorneys: T. Noel Brooks and Jesse Baez of Brooks & BaezFiled: 7/13/2023CL23002540

Cameron Reuschling, an infant by his parents and next friends Brittany Reuschling and Alex Reuschling; and Brittany Reuschling v. Djenabra M. Croskey, M.D. and OBHG Virginia LLC d/b/a OB Hospitalist GroupPlaintiff says during delivery on Aug. 15, 2021, due to defendants’ negligence, Cameron suffered nerve damage to his left arm, leaving him with permanent damages. Plaintiff seeks judgment of $3 million.Attorneys: Charles J. Zauzig and Melissa G. Ray of Nichols ZauzigFiled: 7/19/2023CL23002618

Charletta Barringer-Brown v. Virginia State University; Dr. Makola M. Abdullah, president; and The Board of VisitorsPlaintiff says defendant has failed to pay a pay differential due for 2018-2019, 2019-2020, and 2021-2022, and seeks judgment of $49,039.Attorneys: Pamela J. Branch of PJB LawFiled: 7/21/2023CL23002664

Sara Sarrett and Drew Sarrett v. C.L. Wright Roofing, Inc. and Ruiz Roofing, LLCPlaintiffs say Wright Roofing knowingly misrepresented its intent to employ an unlicensed subcontractor and breached its agreement with plaintiffs that their roof replacement would be performed in a workmanlike manner, with Ruiz Roofing removing the roof of their house and failing to cover it before a storm, resulting in thousands of dollars of water damage and mold and months of extensive remediation. Plaintiffs seek damages of $180,000.Attorneys: Michael C. Litman of Litman PLLCFiled: 7/25/2023CL23005155

Douglas H. Clendenin v. Greenbrier Management Company and Sonja L. ShepherdPlaintiff, employed as Greenbrier’s maintenance supervisor, says on/about Oct. 4, 2021, he was attacked and bitten in the right forearm by a pit bull owned by tenants at Carriage Club Apartments, where Shepherd was property manager, because defendants failed to enforce breed and weight restriction policies. Plaintiff alleges negligence and seeks judgment of $100,000.Attorneys: Gregory S. Hooe and Andrea R. Carver of Marks & HarrisonFiled: 7/27/2023CL23005213

Kevin Correa v. Caliber Bodyworks of Virginia, LLC d/b/a Caliber Collision CenterPlaintiff says on/about Jan. 11, 2022, he was on the premises to service the trash container when he slipped on ice on the lot and was injured. Plaintiff seeks judgment of $325,000.Attorneys: Gregory S. Hooe and Andrea R. Carver of Marks & HarrisonFiled: 7/28/2023CL23005230

Conserva Irrigation Franchisor, LLC v. CSA Irrigation LLC; Craig Ammons; and Connie AmmonsPlaintiff claims damages of $41,586.93, saying defendants have breached a franchise agreement by failing to timely pay fees and by abandoning the business.Attorneys: Clark J. Belote and Catrina C. Waltz of Kaufman & CanolesFiled: 7/28/2023CL23005236

Kapitus Servicing, Inc. v. Sun Stoppers LLC d/b/a Sun-Stoppers; and Dru BallardPlaintiff says the Maryland business is in default of a forward purchase agreement and seeks judgment in the principal amount of $130,985.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005276

Kapitus Servicing, Inc. v. Dryfix Services, Inc. d/b/a Dryfix Services; and Jamie VarelaPlaintiff says the California business is in default of a forward purchase agreement and seeks judgment in the principal amount of $136,597.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005279

Kapitus Servicing, Inc. v. FSP & Remodeling LLC d/b/a Five Star Pools & Remodeling; and William JohnsonPlaintiff says the Texas business is in default of two forward purchase agreements and seeks judgment in the principal amount of $138,324.Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|BallatoFiled: 7/31/2023CL23005284

Carver Homes, LLC v. 721 West Clay Street, LLCPlaintiff says per a contract dated on/about Aug. 19, 2019, defendant agreed to make repairs and renovations to 106 E. Clay St. at a price of $60,000 after plaintiff purchased the property from defendant. Plaintiff says defendant has refused to perform the work detailed in the contract, and as a result, plaintiff had to hire other contractors, at a cost of $152,076.90. Plaintiff seeks judgment in the principal amount of $92,076.90.Attorneys: Robert Keith Caudle III of Caudle and CaudleFiled: 7/26/2023CL23003563

Moran Reeves & Conn, P.C. v. Comcast Cable Communications Management, LLCPlaintiff says since 2014, defendant has provided internet services, including an Ethernet Private Line that connects plaintiff’s office to one of its outside vendors to facilitate secure data connections. Plaintiff says in/around Mary 2018, it upgraded its EPL service from 50MG to 100MB, and when it changed vendors in/about October 2018, sought to have the remote end of the EPL tunnel changed from its old vendor in Richmond to its new one in Philadelphia. Plaintiff says, however, that since February 2019, defendant has consistently billed plaintiff $641.79 per month for the EPL line to the old vendor for a service that should have been disconnected, and that defendant charged a disconnection fee of $4,763.72 despite never disconnecting the service and made false representations to obstruct plaintiff from discovering the overcharges by incorrectly identifying them on the invoice. Plaintiff alleges fraudulent inducement and conversion and seeks judgment of $47,316.89.Attorneys: Stewart R. Pollock and Karlo Goranja of Moran Reeves & ConnFiled: 7/26/2023CL23003564

Estes Forwarding Worldwide, LLC v. Solar 4 America, Inc.Plaintiff says between February and May 2023, the California business tendered three international shipments of goods per a bill of lading contract and has failed to pay. Plaintiff seeks judgment of $26,607.46.Attorneys: John T. Husk and Jeffrey E. Cox of Seaton & CoxFiled: 7/28/2023CL23003612

Sasha Royall v. Raymonda B. Ryce, MD; Stacey Sharp, MD; and Dominion Women’s Health, Inc.Plaintiff says during a total hysterectomy on Aug. 3, 2021, due to defendants’ negligence, her right ureter was transected, causing multiple complications and hospitalizations and surgery to repair her ureter. Plaintiff seeks judgment of $2.5 million.Attorneys: J. Thompson Cravens and Kent Benninger of Cravens & NollFiled: 7/28/2023CL23003609

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