The parents oftwo children killed in 2020when a driver veered off the road into a Panama City Beach, Fla. mini-golf course have filed a lawsuit after the driver was not charged in connection with the deaths of their son and daughter.
Morgan & Morgan, the law firm representing Lauren and Matt Kirchgessner, filedthe complaintin Bay County, Fla., on Feb. 7.
On Dec. 4, 2020, Addie Kirchgessner, 6, and Baylor Kirchgessner, 4, were playing mini-golf with their parents at Coconut Creek Family Fun Park in Panama City Beach, Fla. while on vacation from their home in Louisville, Ky., according to a press release from Morgan & Morgan attorneys Jack T. Cook and Clay Townsend.
Addie (left) and Baylor Kirchgessner.Courtesy of Matt and Lauren Kirchgessner
After a lengthy-investigation, State Attorney Larry Basford announced in Jan. 2022 that he declined to press charges, determining Donaldson had no alcohol in his system but had an epileptic seizure behind the wheel that caused the deadly crash, showing no criminal intent.
Now, The Kirchgessner family is 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 told the media, reading from a prepared statement.
“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,” the statement continued.
Addie and Baylor Kirchgessner.Courtesy of Matt and Lauren Kirchgessner
According to medical records cited in the suit, Donaldson had allegedly been prescribed several medications for a seizure disorder that multiple doctors allegedly attributed to severe alcoholism and alcohol withdrawal.
The complaint alleges that Tim M. Smith signed off Donaldson’s Department of Highway Safety and Motor Vehicles (DHSMV) documents on two occasions — once in 2017 and again in 2019 — that allowed Donaldson to keep his driver’s license despite being hospitalized at least 12 times for seizures and allegedly being involved in previous crashes.
Dr. Smith, according to the complaint, downplayed Donaldson’s alleged alcoholism, despite the opinions of several other doctors who had treated him, and allegedly concealed how it was affecting Donaldson’s health and the efficacy of his anti-seizure medications. During the press conference, the attorneys claimed that Dr. Smith allegedly blamed Donaldson’s health on an “electrolyte imbalance.”
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PEOPLE was unable to determine if Smith, Billy’s Oyster Bar, or Donaldson had obtained attorneys who could respond to the allegations.
Turning Tragedy into Positive Action
The couple tells PEOPLE they work with Norton Children’s Hospital in Louisville, where every child up to age of 5, receives a book when they visit their doctor for a wellness check. The foundation also currently has a partnership with the education publishing company Scholastic, through which they hold several book fairs in schools across the country.
“It’s pretty emotional,” Lauren tells PEOPLE. “I’m very grateful and thankful for me to be able to be pregnant again. We’re happy, we’re excited, we’re anxious.”
“But in the same instance, just like a lot of things in life, they’re bittersweet,” Matt added. “Because as excited as we are, to have Poppi here in a month, we know that there’s part of this that… you know she’s here because Addie and Baylor aren’t.”
“Poppi will know how sweet, caring, and loving her big brother and big sister are,” Matt said.
The Kirchgessners are expected to welcome their daughter, Poppi, on March 18.
source: people.com
