Parents of Kentucky children killed by truck driver sue for $50K after two years as no charges were filed
BAY COUNTY, FLORIDA: The devastated parents of two young children, who were struck and killed by a truck while mini-golfing in 2020, have filed a lawsuit after the driver was not charged in connection with the deaths of their son and daughter.
Lauren and Matt Kirchgessner, along with their attorney Jack Cook of Morgan & Morgan, filed the lawsuit in Bay County, Florida on Tuesday, February 7, more than two years after their children six-year-old Addie and four-year-old Baylor, were killed while mini golfing at Coconut Creek Family Fun Park in Panama City Beach on December 4, 2020. The family from Kentucky, who were on vacation, were enjoying their time at the park when the truck driver, Scott Donaldson, veered off the road and crashed into the park, killing both Addie and Baylor, according to PEOPLE.
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What does the lawsuit state?
In January 2022, State Attorney Larry Basford announced they would not file any charges as Donaldson had no alcohol in his system but suffered an epileptic seizure that caused the horrific crash. However, the lawsuit alleged that Donaldson's seizures, which were said to be brought on by his purported battles with alcoholism and withdrawal, could have been avoided. It also claimed that Donaldson had five previous crashes caused by alcohol-related seizures but no action was taken to prevent the crashes in the future. The Kirchgessner family alleged that Donaldson’s family physician's negligence and the bar he owned led to the horrific crash that killed Addie and Baylor.
Matt and Lauren are now seeking at least $50,000 in damages for the tragedy. "We shouldn't be here. We should be home with our children having dinner, doing homework, and reading bedtime stories," Lauren reportedly said, adding, "We believe that multiple people could have prevented this tragedy, and we never want this to happen to another family. The doctor needs to be held accountable for the decisions he made that we believe led to our children's tragic deaths, and we call on everyone to take responsibility for keeping dangerous drivers off the road.”
Tim M Smith downplayed Scott Donaldson's alcoholism
Citing previous medical records, the lawsuit noteed that Donaldson had been prescribed several medications for seizures that many medical experts believe was caused due to serve alcoholism, not epilepsy. However, his family physician, Tim M. Smith, downplayed his alcoholism and failed to advise him that his alcoholism significantly and adversely impacted his health. The attorneys claimed Smith allegedly blamed Donaldson's health on an "electrolyte imbalance."
The lawsuit also said that the physician approved Donaldson's Department of Highway Safety and Motor Vehicles (DHSMV) paperwork twice, in 2017 and 2019, allowing him to maintain his driver's license despite being sent to the hospital at least 12 times for seizures. "Dr. Smith was allegedly presented with two separate chances to protect Florida's residents and visitors by taking Mr. Donaldson off the roads. If he had done his duty to protect his patient and the public, Addie and Baylor might still be with us today," attorneys said in the release.
The lawsuit also mentioned Billy's Oyster Bar, a seafood restaurant owned by Donaldson that is located next to Thomas Drive in Panama City Beach. "In the years leading up to the crash, Mr. Donaldson allegedly frequented the bar, and while the present was served copious amounts of alcohol despite the staff's knowledge that he had significant struggles with alcohol that resulted in multiple car crashes," the lawsuit read.