Family sues for $25M over death of Va. Beach homeless man

VIRGINIA BEACH

The family of a homeless man killed by a garbage truck on the beach in June filed a lawsuit Friday alleging that the city, the driver and her two assistants were "grossly negligent" when the driver ran over Michael M. Knockett, 52, as he slept on the beach June 28.

City officials have expressed their condolences to Knockett's family, paid for his funeral and offered to create a program in his name to combat homelessness. But they refused to pay a financial settlement, saying the city can't be held responsible for the incident because it occurred during government businesses.

That's just not good enough, the family's attorney, Carl C. La Mondue, said Friday after filing the suit that seeks a total of

$25 million.

"They have dehumanized him and trivialized his life," he said. "We are standing up for who Mr. Knockett was."

City Attorney Mark Stiles said he hadn't received a copy of the lawsuit Friday.

"We will evaluate it and respond to it appropriately," he said. "Assuming that the facts that are pleaded justify it, I assume we will assert sovereign immunity." Sovereign immunity is a legal defense based on the idea that in some cases the government and its employees are protected from civil suits.

The lawsuit, filed in Circuit Court, names the city, garbage truck driver Heather M. Boyd and her two assistants, who are listed only as John Doe #1 and John Doe #2. It asks for $23 million for "sorrow, mental anguish and solace," $1 million for the loss of Knockett's earnings and care and

$1 million in punitive damages. Knockett's four biological children - three sons and a daughter - are listed as the beneficiaries.

Police and the Commonwealth's Attorney's Office said Boyd was not on the phone or intoxicated at the time of the incident, and she has not faced criminal charges. City officials said she didn't see Knockett, who was captured in a tourist's photo shortly before his death sleeping in a chair covered in a bright blue blanket.

After the incident, city officials stopped Boyd from driving city vehicles but plan to reinstate her driving privileges soon after a city review of the incident cleared her of wrongdoing, said Deputy City Manager Dave Hansen.

The suit claims that the city should have known that Boyd "often obtained only a few hours of rest over a period of days, texted on her cell phone excessively while at work and received numerous additional driving violations while employed by Virginia Beach," and had a duty to fire her or take corrective action.

La Mondue has requested a jury trial and said he expects that will occur in the next six to 12 months.

"We're confident that we'll be able to prove that this was a case of gross negligence and that it's a public safety issue," said

DeShawn Tatem, a spokesman for Knockett's family.

Tatem said Knockett raised him and taught him how to study the Bible.

"He was not a perfect man, but he was a good man," he said. "And he is missed by all of our family members."

Kathy Adams, (757) 222-5155, kathy.adams@pilotonline.com.

Michael Knockett lawsuit