Kirchgessner family filing lawsuit following the death of their two kids

PANAMA CITY, Fla. (WJHG/WECP) -Matt and Lauren Kirchgessner, lost their children Addie and Baylor in a terrible accident in December of 2020.

“We shouldn’t be here today. We should be home with our children having dinner doing homework and reading bedtime stories,” Lauren Kirchgessner, Addie and Baylor’s mom said.

The family was visiting Panama City Beach, from Louisville, Kentucky. One night while playing mini-golf at Coconut Creek Family Fun Park, a truck veered off the road and crashed through the fence hitting and killing the two young children.

The driver was identified as Scott Donaldson.

The State Attorney’s Office never filed criminal charges against Donalson due to a lack of evidence and his having an epileptic seizure at the time of the accident.

However, the Kirchgessner family is not giving up. On Wednesday they announced they were filing a lawsuit in a Bay County Circuit Court.

Morgan & Morgan attorneys Jack T. Cook, Clay Townsend, and Rebecca Williamson, are representing the family. The attorneys explained Wednesday, they have uncovered new evidence that implicates multiple parties in downplaying and concealing Mr. Donaldson’s problems, enabling him to continue driving despite the previously demonstrated dangers posed to the public.

“After first crashing into a ditch and then into an intersection and then into a house full of people. With the writing on the wall that a disaster was going to happen and be impending and that disaster happened and cost the lives of these two young children and this lawsuit hopes to seek accountability there,” said Cook.

There are several parties listed in the suit, including Donaldson’s long-time physician, Dr. Tim Smith.

“Scott Donaldson was driving that truck when he had a seizure. We believe that his physician Dr. Tim Smith could have prevented this life-shattering tragedy. For decades Mr. Smith enabled a pattern of illegal, irresponsible and immoral behavior that kept Scott Donaldson his patient behind the wheel,” Kirchgessner said.

According to medical records, Mr. Donaldson allegedly took several medications for a seizure disorder that multiple doctors allegedly ascribed to severe alcoholism and alcohol withdrawal.

Attorneys representing the family report the complaint makes allegations that Dr. Smith signed off on DHSMV documents on two occasions, in 2017 and 2019, that allowed Mr. Donaldson to keep his driver’s license despite allegedly being hospitalized at least 12 times for seizures and alcohol abuse and allegedly being involved in several seizure-related car crashes prior to the incident that killed Addie and Baylor.

According to the lawsuit, Dr. Smith failed to advise Mr. Donaldson that his alcohol disorder was significantly and adversely impacting his health and the efficacy of his anti-seizure medications.

“Dr. Smith was allegedly presented with multiple 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,” said Morgan & Morgan attorneys Jack T. Cook and Clay Townsend. “The lawsuit alleges Dr. Smith consistently minimized his patient’s alcoholism – in stark contrast to the opinions of several other doctors who had treated Mr. Donaldson – and by doing so contributed to Addie and Baylor’s deaths. We will do everything we can to hold Dr. Smith accountable for these alleged failures.”

Also listed in the lawsuit, is Scott Donaldson as well as the restaurant he co-owns, Billy’s Steamers and Oyster Bar INC.

“We are asking Mr. Donaldson to step up and be brave. Mr. Donaldson, you can help us find justice for Addie and Baylor we are asking you to make sure no other families lives become the nightmare that we wake up to every day,” Kirchgessner said.

NewsChannel 7 is told Mr. Donaldson is named in the lawsuit solely as part of declaratory action which asks the court to grant additional release of his medical records.

“Our clients are seeking compensation for the pain that they have suffered and will needlessly suffer forever and to change conduct so that this type of tragedy never happens again. It is the only way that true change can happen,” Cook said.

NewsChannel 7 reached out to Donaldson’s attorney, but he never responded. Also, Dr. Smith’s attorney said he has no comment at this time.

To read the full complaint that was filed click here.

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