A judge has dismissed the City of Virginia Beach from a $25 million lawsuit brought by the family of a homeless man who died when he was run over by a garbage truck.

On June 28, 2010, Michael Knockett, 52, was run over by a city owned truck while sleeping on a beach chair. Knockett’s family filed a lawsuit against the city and the driver of the truck, and two other employees working on the truck.

The family of the dead man brought a lawsuit claiming the driver had past driving infractions and had texted excessively on her cell phone at work.