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The City of Lynchburg on behalf of the Police Department, Mary Beard Peterson sister of
the late Clarence Beard and Administrator of the Clarence Beard Estate, have mutually
agreed to settle the lawsuit of Ms. Peterson that arose out of the death of Mr. Beard for
the sum of 250,000.
An investigation by the Commonwealth's Attorney office and the Virginia State Police
cleared the officers of criminal wrongdoing.
The City of Lynchburg acknowledges that Clarence Beard possessed no criminal record
during 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 that
the Community Dialogue Program on Race and Racism that was implemented as a result
of Mr. Beard's death will continue to generate ideas and strategies for improving race
relations in this community.
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG
Plaintiff,
MICHAEL B. EAGLE,
Defendant.
NOW COMES the Petitioner, Mary Beard Peterson, Administrator of t:he Estate of
fto l Lo w s .
before the Clerk of the Circuit Court for the City of Lynchburg, Virginia, on the tvventy-
2. Y our Petitioner fBed a lawsuit as Administrator of the Estate of Clarence Beard, Jr.,
deceased and Personal Representatjve for his statutory beneficiaries under Section 8.01-
50, et seq. in the above -captioned lawsuit claiming personal Injuries, sorrow, mental
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
damages as a result of' the alleged negligence and Intentional acts and omissions on the
3. Clarence Beard, Jr. died of a heart attack that was Induced by physical exertion
4. Clarence Beard left surviving hilTl your petitioner and a brother Samuel Beard, who
are the only parties entitled to share In any recovery on account of the death of Clarence
5. Your petitioner is advised that, although the circumstances of the incident are such
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 is
accepted in full discharge of any and all claims which may be or can be asserted against
6. That the Defendant contends that the decedent did not sustain any injuries or
damages through or as the result o f any 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 the
circumstances. 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 that
convened; that the Court approve and confirm the compromise and settlement: in the
amount of T vvo Hundred 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 charges
against: said sum, the balance then remaJning be paid to Mary Beard Peterson and Samuel
Beard and that such payment and compromise settlement may be adjudged binding on all
Administrator of the
Estate
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0274
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG
Plaintiff,
MICHAEL B. EAGLE
Defendant.
On this 21 st day of April, 2011, came Petitioner, Mary Beard Peterson, Administrator
of the Estate of Clarence Beard, Deceased and Personal Representative for his statutory
filed her petition for approval of a proposed compromise of the claim for damages for the
necessary to be convened have been convened; and it further appearing that, while the
Defendant denies that he in any way committed any wrongdoing in the way he dealt with
Clarence 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 the
death 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
0275
are 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 being
of the opinion that said offer of settlement is a reasonable one and one that is
part of Defendant, is involved in great uncertainty, does hereby approve said settlement
and 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 herein
filed, such settlement and compromise to be in full settlement of any and all claims and
damages which mayor can be made against Defendant, arising from the death of
Clarence Beard, deceased, and does further ORDER and ADJUDGE that petitioner
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 that
they are the only persons entitled under Virginia Code Ann. Section 8.01-53 to share in
the recovery hereinabove ordered; and it further appearing that Mary Beard Peterson and
Samuel Beard, the only competent beneficiaries, have appeared and consented thereto,
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0276
(2) $100,000.00 to be held in trust by The Verbena Askew Law Firm, P.C. for
(5) $ 3,334.62 Expenses paid by The Verbena Askew Law Firm, P.C.
(6) $137,393.68 to be divided equally between Mary Beard Peterson and Samuel
Beard, beneficiaries.
And it appearing to the Court that Mary Beard Peterson has waived any claim to
Thereupon, defendant, by counsel, in open Court, paid the sum of Two Hundred Fifty
Thousand Dollars ($ 250,000.00) to Mary Beard Peterson, Samuel Beard and The
Verbena Askew Law Firm, P.C., in full settlement and satisfaction of all liability now
existing or which may hereafter be asserted against them, or either of them, for or on
account of the death of Clarence Beard, Jr., and the Court hereby ORDERS that
Defendant 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 the
ended causes.
The Clerk shall provide certified copies of this Order to counsel of record.
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027'7
I ASK FOR THIS:
~M.~
Kevin M. Rose, Esquire
Co-Counsel for Plaintiff
We, Mary Beard Peterson and Samuel Peterson, the sole competent beneficiaries
interested in the above claim and entitled under the law to share therein, do consent to the
_
./ ». 1\ &~)
"21{(£~ Pi/the{ .
Mary Bekd Peterson
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0272
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG
NONSUIT ORDER
CAME THIS DAY the plaintiff, by counsel, and moved the Court for a voluntary nonsuit
appearing to the Court that no previous nonsuit has been entered with regard to this cause of
action and that no counterclaim, cross-claim or third party claim is pending in this cause, it is
therefore,
ADJUDGED, ORDERED and DECREED that this action is dismissed with prejudice as
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 upon
entry.
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· .
Verbena M. Askew
Verbena Askew Law Firm
70 W. Mercury Boulevard, Suite 201
Hampton VA 23669
Counsel for Plaintiff
Daniel R. Lauro
Botkin Rose, PLC
3190 Peoples Drive
Harrisonburg, VA 22801
Counsel for Plaintiff