An Ocala resident who purchased four burial plots in 1971 will likely receive a $75,050 settlement after it was discovered the city sold two of the plots to “unidentified individuals” who are now buried next to his parents.
The settlement will come before the Ocala City Council during its regular meeting on Tuesday at 4 p.m. at Ocala City Hall (110 SE Watula Avenue).
According to city records, James David Day purchased burial rights to four adjacent burial plots at the Woodlawn Cemetery in 1971.
Over the years, Day’s parents were buried in two of the four burial plots. In 2012, the ownership of the plots was transferred to a trust.
While Mr. Day and Joann Day were making preparations with a funeral home in 2021 for their burials in the two remaining plots, they discovered that two unidentified individuals had been buried in the remaining plots.
After purchasing two additional plots in Woodlawn Cemetery at their own expense, the Days filed a lawsuit against the city of Ocala, accusing the city of negligence and of failing to keep accurate burial records in accordance with state law.
Through extensive litigation, the city attorney’s office negotiated a proposed settlement of $75,050. As part of the settlement, the two plots with the unidentified burials will be deeded back to the city of Ocala.
According to city staff, the settlement agreement will help the city avoid the additional costs of litigation and will prevent the possibility of an adverse judgement in excess of the settlement amount.
The settlement is an item on the city’s consent agenda, which features a list of items that are enacted through one vote. There is generally no separate discussion of these items unless a member of the public or council requests otherwise.
If approved, the settlement will be paid from the city of Ocala’s self-insurance fund.