PANAMA CITY BEACH, Fla. — The Louisville parents who lost both of their young children when a driver ran off the road and hit them at a mini-golf course in Panama City Beach, Florida two years ago are now filing a lawsuit.
Matt and Lauren Kirchgessner say despite the prosecutor's choice not to file criminal charges, they believe there has to be accountability for the deaths of 6-year-old Addie and 4-year-old Baylor.
"When you walk in the front door and not hearing -- 'Daddy!' -- and not hearing those little feet, those little feet running and that hug," Matt said. "I miss that probably as much as anything."
Doctor's alleged negligence
On Dec. 4, 2020, Addie and Baylor were innocent children on vacation, playing mini-golf with their parents at Coconut Creek Family Fun Park while on vacation in Florida.
Suddenly, police say Scott Donaldson's truck ran off the road and crashed through a fence and into the park before striking both children and killing them.
Investigators say Donaldson suffered a seizure, which caused the crash.
A year later, prosecutors announced they would not filed criminal charges saying "the factors against prosecution outweighed the factors in favor."
For investigators, it was seemingly a "case closed," but for the Kirchgessners the pain is still palpable.
"We just want people to be held accountable -- regardless of who it is -- we don't look it as an accident, we look at this as a tragedy," Lauren said. "Something that could have been prevented."
They say it could have been prevented by a Florida doctor who was responsible for treating Donaldson.
Read the full lawsuit:
According to attorneys, Dr. Tim Smith knew his patient struggled with alcoholism and knew his seizures were alcohol-related -- not from epilepsy.
The lawsuit says Donaldson had five prior crashes and 12 hospitalizations due to alcohol seizures and claim Dr. Smith was negligent when he didn't properly diagnose his patient or keep him off the road.
"If people did what they were supposed to do -- it shouldn't have happened," Matt said.
In addition to the malpractice suit against the doctor, another allegation of negligence against Billy's Steamer and Oyster Bar -- the restaurant Donaldson owns. According to the lawsuit, Donaldson was reported to drink up to three pitchers of beer a day.
Jack Cook, an attorney for the family, said it was a disaster waiting to happen.
"And that disaster happened and cost the lives of these two young children," Cook said.
Welcoming new life
The lawsuit, now filed in Florida, is giving the parents a new sense of hope for some accountability. And while there is no bringing back Addie and Baylor, Matt and Lauren are looking forward to welcoming new life.
"We're expecting a little girl," Lauren told WHAS11, adding they will name her Poppy.
"We have many things that will keep them with us, but Poppy...Poppy is going to the top of the list," Matt said. "Absolutely."
Within weeks of the children's deaths the family established a foundation in their honor.
The Addie and Baylor Kirchgessner Foundation has donated thousands of books to local classrooms and classrooms in Panama City Beach.
Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. For Apple or Android users.
Have a news tip? Email assign@whas11.com, visit our Facebook page or Twitter feed.