20110421 Clarence Beard Settlement Joint Release and Legal Docs

8/7/2019 20110421 Clarence Beard Settlement Joint Release and Legal Docs

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Joint Statement by the Parties

The City of Lynchburg on behalf of the Police Department, Mary Beard Peterson sister ofthe late Clarence Beard and Administrator of the Clarence Beard Estate, have mutuallyagreed to settle the lawsuit of Ms. Peterson that arose out of the death of Mr. Beard forthe sum of 250,000.An investigation by the Commonwealth's Attorney office and the Virginia State Policecleared the officers of criminal wrongdoing.The City of Lynchburg acknowledges that Clarence Beard possessed no criminal recordduring his lifetime.The City of Lynchburg is deeply sorry for the untimely death of Mr. Beard.The City of Lynchburg is firmly committed to racial harmony and healing, and hopes thatthe Community Dialogue Program on Race and Racism that was implemented as a resultof Mr. Beard's death will continue to generate ideas and strategies for improving racerelations in this community.


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VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURGMARY BEARD PETERSON, Administrator of theEstate of Clarence Beard, Jr., deceased andPersonal Represent:ative for hs statutoryBeneficiaries under Section 8.01-50 at:seq.,

Plaintiff,

v. Case No. CL08002153-00MICHAEL B. EAGLE,

Defendant.

PETITION FOR APPROVAL OF COMPROMISE CLAIM

NOW COMES the Petitioner, Mary Beard Peterson, Administrator of t:heEstate of

Clarence Beard, Deceased (hereinafter, "Plaintiff"), by counsel, and represents as

ftolLows.

1. Your petitioner qualified as administer of the estate of Clarence Beard, deceased,before the Clerk of the Circuit Court for the City of Lynchburg, Virginia, on the tvventy-

eighth day of September, 2006 , as shovvn by a copy of her certificate of qualificationherevvith filed marked "Exhibit 1."2. Your Petitioner fBed a lawsuit as Administrator of the Estate of Clarence Beard, Jr.,

deceased andPersonal Representatjve for his statutory beneficiaries underSection 8.01-

50, et seq. in the above -captioned lawsuit claiming personal Injuries, sorrow, mentalanguish, Joss of solace suffered by the beneficiaries, including society, companionship,

comfort, guidance; expenses for final care, treatment, and hospitalization of decedent

incident to the injuries resulting in his death and reasonable funeral expenses and other


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damages as aresult of'the alleged negligence and Intentional acts and omissions on the

part of the Defendant.

3. Clarence Beard, Jr. died of a heart attack that was Induced by physical exertionduring a fight with pollce officers of the Lynchburg Police Department.

4. Clarence Beard left surviving hilTl your petitioner and a brother Samuel Beard, whoare the only parties entitled to share In any recovery on account of the death of Clarence

Beard, I.,deceased.5. Y our petitioner is advised that, although the circumstances of the incident are suchas to render questionable the liability of Officer Michael Eagle, Michael Eagle is

nevertheless willing and offers to pay the sum of Two Hundred Fifty Thousand Dollars

($250,000.00) to the estate of Clarence Beard, Jr. deceased provided the said amount isaccepted in full discharge of any and all claims which may be or can be asserted against

him for damages onaccount of his death.

6. That the Defendant contends that the decedent did not sustain any injuries ordamages through or as the result ofany negligence, willful acts or omissions on the part

of the Defendant, and the Defendant does not admit any liability.

7. Your petitioner considers this settlement fair and reasonable under thecircumstances. She is possessed of small means, and there are not sufficient funds in her

hands or to come into her hands from the estate with whIch she might:just:iflably

prosecute a suit upon the cause of action in question, and the result of an effort to recover

a sum larger t:han that navv o.ff"eredmust necessarily be protracted and doubtful. Your

petitioner therefore recommends this proposed settlement to the Court for approval and

ratification and further asks that the Court direct that the proceeds of'said compromise

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and settlement be paid to Mary Peterson, as sister of Clarence Beard Jra, deceased for the

benefit: for her and to his brother Samuel Beard for his benefit.

8. There are no other parties who are entitled to any distribution of any recovery thatmay be had In this action.

WHERFORE , your petitioner respectfully prays that all interested parties beconvened; that the Court approve and confirm the compromise and settlement: inthe

amount of TvvoHundred Fifty Thousand Dollars ($250,000.00) of Clarence Beard, Jr.and enter an Order directing payment of said sum In accordance with Virginia COde Ann.

Section 8.01-55: and that, after payment of attorneys' fees and other costs and chargesagainst: said sum, the balance then remaJning be paid to Mar y Beard Peterson and SamuelBeard and that such payment and compromise settlement may be adjudged binding on all

parties to this proceeding.

WHEREFORE , Plaintif'f' prays that her motion be grant:eda

MARY BEARD PETERSON,Administrator of theEstate oClarence Beard, .r..deceased andPersonal Representative for hisEstate

Attorney for MARY BEARD PETERSON,Administrator of the estate of CJarenceBeard .r.. deceased

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0274VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURGMARY BEARD PETERSON, Administrator of theEstate of Clarence Beard, Jr., deceased andPersonal Representative for his statutoryBeneficiaries under Section S.01-50 et seq.,

Plaintiff,v . Case No. CLOS002153-00MICHAEL B. EAGLE

Defendant.

AGREED DISMISSAL ORDER APPROVING WRONGFUL DEATHSETTLEMENTOn this 21st day of April, 2011, came Petitioner, Mary Beard Peterson, Administrator

of the Estate of Clarence Beard, Deceased and Personal Representative for his statutorybeneficiaries under Section 8.01-50 et seq.(hereinafter, "Petitioner"), by counsel, andfiled her petition for approval of a proposed compromise of the claim for damages for theinjuries and death of Clarence Beard, deceased.UPON CONSIDERATION WHEREOF, it appearing to the Court that all parties

necessary to be convened have been convened; and it further appearing that, while theDefendant denies that he in any way committed any wrongdoing in the way he dealt withClarence Beard, Jr., deceased, thereby causing his death on September 24, 2006, he,nevertheless, has offered the sum of Two Hundred Fifty Thousand Dollars ($250,000.00),in full compromise settlement of all claims and damages against him arising from thedeath of Clarence Beard, Jr., deceased, together with the costs incident to this proceeding;and it further appearing to the Court that Mary Beard Peterson and Samuel Beard, who


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0275are all of the competent beneficiaries who would be entitled under Virginia Code Ann.Section 8.01-53, to the damages recoverable in any action against said defendant.Defendant has consented to said offer of compromise and settlement; and the Court beingof the opinion that said offer of settlement is a reasonable one and one that isadvantageous to the beneficiaries inasmuch as the question of establishing liability on thepart of Defendant, is involved in great uncertainty, does hereby approve said settlementand compromise in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00)on behalf of the estate of Clarence Beard, Jr., deceased, as set forth in the petition hereinfiled, such settlement and compromise to be in full settlement of any and all claims anddamages which mayor can be made against Defendant, arising from the death ofClarence Beard, deceased, and does further ORDER and ADJUDGE that petitionerrecover said sum from defendant.AND IT FURTHER APPEARING TO THE COURT that Clarence Beard, Ir . left

surviving him Mary Beard Peterson, his sister and Samuel Beard, his brother, and thatthey are the only persons entitled under Virginia Code Ann. Section 8.01-53 to share inthe recovery hereinabove ordered; and it further appearing that Mary Beard Peterson andSamuel Beard, the only competent beneficiaries, have appeared and consented thereto,the Court hereby

AND IT FURTHER APPEARING TO THE COURT that amount to be paid incompromise is the sum of Two Hundred Fifty Thousand Dollars ($250,000.00); it isORDERED that the following expenses and fees are to be paid:(1) $2,704.20 to Community funeral Home, Inc for funeral expenses

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0276(2) $100,000.00 to be held in trust by The Verbena Askew Law Firm, P.C. for

attorney fees incurred herein until further order of the Court;(3) $ 3,995.00 to ATAC for Expert witness fees;(4) $ 2,572.50 lien from BotkinRose PLC for expenses;(5) $ 3,334.62 Expenses paid by The Verbena Askew Law Firm, P.C.(6) $137,393.68 to be divided equally between Mary Beard Peterson and Samuel

Beard, beneficiaries.And it appearing to the Court that Mary Beard Peterson has waived any claim to

commissions on said fund, it is ORDERED that no commissions be paid to her thereon.Thereupon, defendant, by counsel, in open Court, paid the sum of Two Hundred Fifty

Thousand Dollars ($ 250,000.00) to Mary Beard Peterson, Samuel Beard and TheVerbena Askew Law Firm, P.C., in full settlement and satisfaction of all liability nowexisting or which may hereafter be asserted against them, or either of them, for or onaccount of the death of Clarence Beard, Jr., and the Court hereby ORDERS thatDefendant be and hereby is forever discharged from any such claim or liability.And the object of this proceeding having been accomplished it is ORDERED that the

same be stricken from the docket of this Court and the papers therein filed among theended causes.The Clerk shall provide certified copies of this Order to counsel of record.ENTER this2(day of i~i ) J L J l , 2011.

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027'7I ASK FOR THIS:1 ) t J b 7fit; I f } ~ I t ) r t ~ JVerbena M. Askew, Esquire

Attorneys for Plaintiff~M.~

Kevin M. Rose, EsquireCo-Counsel for Plaintiff

SEEN AND AGREED:

We, Mary Beard Peterson and Samuel Peterson, the sole competent beneficiariesinterested in the above claim and entitled under the law to share therein, do consent to thedisbursements in this case and the distribution of s..~m as above praye~r.. / . 1 \ )_ " 2 1 { ( ~ Pi/the{ . &~Mary Bekd Peterson

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VIRGINIA:0272

IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURGMARY BEARD PETERSON, Administratorof the Estate of Clarence Lightfoot Beard, Jr.,deceased and Personal Representative for hisstatutory beneficiaries under 8.01-50 et seq.,

Plaintiff,v.MICHAEL B. EAGLE, et als.,

Defendants.

))))))))))))

Case No. CL08002153-00

NONSUIT ORDER

CAME THIS DAY the plaintiff, by counsel, and moved the Court for a voluntary nonsuitpursuant to Virginia Code 8.01-380, as to Defendants Michael A. Huntsman, Chad T. Davis,Timothy C. Clements, Jerry R. Mayberry, Thomas B. Lawton, and Christopher S. Bradner. Itappearing to the Court that no previous nonsuit has been entered with regard to this cause ofaction and that no counterclaim, cross-claim or third party claim is pending in this cause, it istherefore,

ADJUDGED, ORDERED and DECREED that this action is dismissed with prejudice asto Defendants Michael A. Huntsman, Chad T. Davis, Timothy C. Clements, Jerry R. Mayberry,Thomas B. Lawton, and Christopher S. Bradner. The case continues as to Defendant Michael B.Eagle.

The Clerk is directed to send a certified copy of this Order to counsel of record uponentry.

ENTER this2} day of April, 2011.( ) ' y J > 0 , Dt)~Judge

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.WE ASK FOR THIS: 0273

Verbena M. AskewVerbena Askew Law Firm70 W. Mercury Boulevard, Suite 201Hampton VA 23669Counsel for PlaintiffDaniel R. LauroBotkin Rose, PLC3190 Peoples DriveHarrisonburg, VA 22801Counsel for Plaintiff

SEEN AND AGREED:

Walter C. Erwin, III900 Church StreetLynchburg, VA 24504Counsel for Defendants

C C : . All fai~

20110421 Clarence Beard Settlement Joint Release and Legal Docs

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