Lawyer: Family expects $25M in homeless man's death

VIRGINIA BEACH

The family of the homeless man killed on the beach in June has informed city officials that they expect that damages in a potential civil lawsuit could exceed $25 million.

The dollar amount was listed in a claim letter sent to the city by attorney Carl La Mondue, who is representing the family of Michael Knockett.

Knockett, 52, was killed on June 28 when a city trash truck driver ran over him while he was sleeping in a chair on the beach around 8 a.m.

"This makes the city aware that this is a serious matter they should resolve before a civil lawsuit with damages that could be in the range of $25 million," La Mondue said.

Beach City Attorney Mark Stiles said the city will respond to the letter after meeting in closed session with the City Council on Tuesday.

"As we have previously stated, we believe we have valid legal defenses to the claim," he said.

The city has argued it has immunity against a civil claim because the incident happened during routine government business.

"I think the amount of the demand is extraordinary, " Stiles said.

"I'm not convinced that $25 million is not a reasonable amount," La Mondue said. "It depends on the facts. I'm saying it's possible."

The first dollar amounts mentioned in these kinds of cases are usually higher than possible awards, legal experts said.

"As a general rule, the plaintiffs' first request is somewhat higher than they usually expect to get," said Jim Lewis, a Virginia Beach personal injury lawyer who is not involved in this case. "It's a bargaining process where both sides feel each other out in the hopes of finding some common ground and thereby avoiding the courtroom."

Deshawn Tatem, who was raised by Knockett and is the family's spokesperson, said $25 million is an "appropriate amount."

"People are going to be raving about the figure," he said. "But what kind of an amount can you put on a life?"

In Virginia, compensation in wrongful-death suits is calculated using various measures. Economic factors center on the earning potential of the deceased.

"If the individual is unemployed and doesn't have reasonable expectation of future employment, then the economic damage side of the picture is severely compromised," Lewis said.

Any determination of a civil award would likely take into account that Knockett was unemployed and homeless at the time of the accident.

The state code also allows compensation for "sorrow, mental anguish and solace."

Tatem said that Knockett, a father of four, was homeless for about three years, from what he's been able to determine. He said the family thought he was living with a woman in Virginia Beach and did not know he was homeless.

"He was only a homeless man for a few years of his life," he said. "Many people have turned their lives around and become productive members of society. He was very capable. He had a trade."

Tatem said Knockett had been a welder and had run a landscaping business.

La Mondue said he plans to file a civil lawsuit after the city responds to the claim letter.

The claim was filed on behalf of Inena Tatem, Knockett's daughter and the administrator of his estate.

Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com