The Docket: Local Court Roundup for 8/25/22

Chesterfield Circuit Court

Jane Doe c. Virginia Department of Corrections; TyKesha Fowlkes Tucker in her official and individual capacity; and Nkemdkilim Okoli, in his official and individual capacity
Complainant says she was sexually assaulted and harassed by Okoli, a correctional officer, and that Tucker, former superintendent of Central Virginia Correctional Unit No. 13, and VDOC acted negligently in hiring and maintaining her. a facility that failed to protect her and other inmates from predatory and aggressive behavior by correctional officers, including the accused, and upon information and belief, prior incidents of sexual abuse had been reported and VCOC took no action. The plaintiff seeks a judgment of $750,000 and a punitive judgment of $350,000.
Lawyers: Miriam Airington-Fisher, Jennifer Quezada and Bianca White of Airington
Filed: 08/16/2022
CL22002784

Kapitus Servicing, Inc. c. Green Valley Distributors, Inc. d/b/a Green Valley Distributors; and David M. Bias
Plaintiff claims the Illinois company is in default of a loan agreement and seeks judgment in principal amount of $133,325.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 08/16/2022
CL22002791

Kapitus Servicing, Inc. c. 48 States Transportation, LLC d/b/a 48 States Transportation; and Syed Bukhari
Plaintiff alleges the Orlando company is in default of a forward purchase agreement and seeks judgment in principal amount of $91,807.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 08/16/2022
CL22002792

Kapitus Servicing, Inc. c. Adams Construction, LLC d/b/a Adams Construction; and Larry Adams
The plaintiff alleges that the Maryland company is in default of a forward purchase agreement and seeks judgment in the principal amount of $159,929.
Attorneys: Nhon H. Nguyen, Timothy A. Hennigan and Charles D. Waters of Nguyen|Ballato
Filed: 08/16/2022
CL22002793

David Rice, as administrator of the estate of Albert Rice, who died c. The Laurels of University Park, LLC d/b/a The Laurels of University Park; Laurel Health Care Company as The Laurels of University Park; and Laurel Health Care Holdings Inc. as The Laurels of University Park
The plaintiff says the defendants allowed the deceased to fall several times while in their custody after he was admitted to rehab on August 14, 2020, the last of which suffered a fractured right hip on September 28, and he allowing him to experience an unplanned weight loss of 16.5 pounds in six weeks, and he died on October 5, a week after the fall. The plaintiff alleges negligence and seeks a judgment of $4 million.
Lawyers: Robert W. Carter Jr., Mary Estfanous and Kristen T. Wiecking
Filed: 8/11/2022
CL22004992

Steven Wesley Croghan and Restoration Health, LLC v Legacy Care, LLC
Claimant says he was hired on/around July 10, 2019 as a Hospitalist/Nurse Practitioner to provide medical services at Bristol Rehabilitation Hospital, that in July 2021 he informed his supervisor, John Paul Jones, Regional Director of Legacy, for his participation in an investigation into the alleged involvement of Dr. James Shauberger in Medicare and Medicaid fraud. Shauberger was the former medical director of Encompass Health Corp., which worked with Legacy to provide medical services to RHB, the plaintiff says, and he discovered in December that he could not access any patient records. Plaintiff says Defendant pressured Team Health, which was to take over Legacy’s contract, to have Legacy not allow him to work for Team Health or release him from the non-competition clauses of his contract. Plaintiff alleges breach of contract, tortious interference with business expectations and retaliation and seeks a judgment of $5 million.
Lawyers: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 08/15/2022
CL22005062

Wendy D. Swiney, LLC vs. Legacy Care, LLC
Claimant states that it contracted with Legacy on/around July 10, 2019 to provide hospital medical/nurse practitioner services at Bristol Rehabilitation Hospital through Sole Member Wendy Swiney and Swiney exercised his functions with expertise. Plaintiff asserts that the contract would be automatically renewed for an additional one-year term unless either party provides at least 90 days written notice and provided that Swiney is placed in at least least one facility owned or operated by Legacy during the term of the contract. Complainant says that in early December 2021, the CEO of RHB contacted her to tell her that a new entity, Team Health, Inc., would take over Legacy’s contract on/around December 12, 2021, and John Paul Jones, her supervisor at Legacy, said she would lose her job but he would “keep her posted”. Plaintiff says Swiney was told by Legacy’s president that her assignment was ending, but that she would not be released from the contract’s non-competition clause, preventing Swiney from entering into a contract with Team Health to continue providing services. medical services at the RHB. The plaintiff alleges breach of contract and seeks a judgment of $1 million.
Lawyers: Thomas E. Strelka, L. Leigh Strelka, Brittany M. Haddox, Monica L. Mroz and N. Winston West IV of Strekla Employment Law
Filed: 08/15/2022
CL22005064

Kapitus Servicing, Inc. c. TPG The Pinnacle Group, Inc. d/b/a TPG The Pinnacle Group; and Anthony Bradshaw
The plaintiff asserts that the Henrico company is in default of a loan agreement and seeks a judgment in the principal amount of $125,709.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 08/16/2022
CL22005102

Kapitus Servicing, Inc. c. Advantage Development Group, LLC d/b/a Advantage Development Group; and Tomislav Pavic
The plaintiff alleges that the Chicago company is in default of a loan agreement and seeks judgment in principal amount of $150,025.
Lawyers: Nhon H. Nguyen and Charles D. Waters of Nguyen|Ballato
Filed: 08/17/2022
CL22005133

Richmond Circuit Court

Chynna Robinson v. Urgent Specialty Associates, LLC d/b/a Northstar Trauma Surgery; Stanley Kurek, DO; Dustin Donley, MD; Chippenham & Johnston-Willis Hospitals, Inc. d/b/a Chippenham Hospital
The plaintiff says the defendants performed surgery after she was shot in the chest on/around August 29, 2020, and during the operation surgical gauze pads were left in her chest, and despite several x-rays being taken from August 29 to 31 during which the retained pads were demonstrated, no action was taken. Complainant says that on/about December 20, 2020, she presented to a hospital in South Carolina with chest pain and shortness of breath, and an x-ray showed the pads in the left lung were causing localized plural effusion and that she had to undergo surgery, during which three were removed. The plaintiff says she continues to suffer from a permanent injury requiring medical treatment and seeks a judgment of $2.45 million and a punitive judgment of $350,000.
Lawyers: Curtis Daniel Cannon of Goldberg Finnegan & Cannon
Filed: 8/11/2022
CL22003582

A B; NDB (by and by his mother and guardian, NB); JCH; OLH; GK; JLL; AHM; MB; and HNM v. Cumberland Hospital, LLC d/b/a Cumberland Hospital for Children and Adolescents; Universal Health Services, Inc.; UHS of Delaware, Inc.; Daniel N. Davidow; and Daniel N. Davidow, MD, PC
Plaintiffs say Davidow sexually abused female patients from 1996 until he was placed on administrative leave in February 2020, upon admission and on a weekly basis, abuse which was reported to nurses, therapists and other health care workers. accused, who failed to report the sexual abuse to the proper authorities. Plaintiffs say defendants knew or should have known that Davidow posed imminent danger to children and vulnerable patients, including plaintiffs, who arrived at the facility from 2017. Plaintiffs seek compensatory damages of $16 million each and punitive of $350,000.
Filed: 8/11/2022
CL22003616

Holladay Property Service Midwest, Inc.; Holladay Baltimore, LLC; Manassas Gateway Hotel, LLC v K2M Design, Inc.
Plaintiff alleges that Defendant prepared plans, specifications and other design elements for two hotels in 2017 and 2018 in Baltimore and Manassas, and that during the construction activities numerous issues, defects and inconsistencies have been discovered. The plaintiffs say they suffered damages of $438,482.44 as a result of the faulty work and seek this as compensation.
Lawyers: Thomas J. Moran of Wright, Constable & Skeen
Filed: 08/17/2022
CL22003826

Melissa Anne Sullivan c. Harry D. Bear, MD and MCV Associated Physicians d/b/a VCU Heath MCV Physicians
Plaintiff says that since her initial radical double mastectomy in September 2018, her cancer has progressed to a far more dangerous and likely fatal estrogen-nonresponsive triple-negative breast cancer due to Defendants’ medical negligence and failure to comply with the standard of care. The plaintiff seeks a judgment of $10 million.
Lawyers: Lee Livingston and Anthony T. Greene of Livingston Law Group
Filed: 08/18/2022
CL22003828

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