Updated: Thursday, 28 Jun 2012, 11:27 PM EDT
Published : Thursday, 28 Jun 2012, 5:22 PM EDT
VIRGINIA BEACH, Va. (WAVY) - The family of a homeless man killed by a trash truck in 2010 while sleeping on the beach was offered a $500,000 settlement, according to the City of Virginia Beach.
Marc Davis, a Virginia Beach spokesperson, said the settlement includes $475,000 from the city, plus $25,000 from Abacus , who provided the staffing of the trash truck.
Michael Knockett, 52, was sitting in a chair on the beach at around 8 a.m. on June, 28, 2010, when a garbage truck operated by Virginia Beach Department of Public Works ran over him , police told WAVY.com in 2010. Police said as soon as the driver realized what had happened, the driver called 911 and began rescue efforts. Knockett was later pronounced dead at the scene.
Knockett's family filed a $25 million lawsuit on Sept. 10, 2010. The 10-page lawsuit claimed gross negligence against the city for his death.
Carl LaMondue, the family's attorney, said the defendant showed a "complete neglect of the safety of Knockett."
In the document, Knockett's family claimed the city failed to maintain a proper lookout for Knockett, failed to apply the brakes in time to avoid striking Knockett, and failed to give full time and attention to the operation of their 9-ton vehicle on the Oceanfront beach - knowing that Knockett and other persons occupying the beach would be present.
According to the City, LaMondue said the family accepted the $500,000 offer from the City of Virginia Beach and Abacus on June 28, 2012, and that the family had mediation with the city the previous week. However, a family spokesperson says the family has not signed anything yet accepting the offer.
Davis says city council was briefed on the offer on June 26, 2012, a day after the two sides agreed, and had no objection. They did not have a vote because legal cases are decided by lawyers.
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