Wrongful Death Lawsuit Filed Against School Board

December 19, 2011

What could only be a nightmare for a parent has become a reality for the mother of a Benny Bills Elementary School third grader after she was tragically killed in a car accident.

Alexis Thompson was just nine years old when she was involved in a serious car accident that would later take her life. Alexis was participating in an after-school program when her intoxicated stepfather, Dusty McDonald, noticed she did not get off the bus.

According to local authorities, the intoxicated McDonald drove his 1984 Chevy truck to get Alexis. After picking her up, he failed to notice a curve in the road and crashed his pickup into a tree. McDonald fled the scene of the car accident and left nine-year-old Alexis trapped in the vehicle. Alexis was later pronounced dead at a nearby hospital from serious injuries.

McDonald fled the drunk driving accident scene on foot where he would later plead guilty to leaving the scene of an accident. On September 8th, McDonald pled guilty to aggravated vehicular homicide and a fifth offense of driving with a suspended license. For the drunk driving accident, McDonald was sentenced to 22 years in prison, which he will have to serve six years before he is eligible for parole.

Alexis Thompson's mother, Christina McDonald, filed a wrongful death lawsuit against the school officials claiming they were negligent by allowing Alexis to ride with an intoxicated driver who was not on the approved transportation list.

The personal injury lawsuit alleges the after-school program leader smelled alcohol on McDonald's breath and allowed Alexis to be released under his care. The personal injury attorney representing Christina McDonald claimed this was a "substantial factor in a case involving the death of a minor."

The after-school program is only supposed to allow authorized people on the student's emergency card to pick up students. According to the school's policy, any program leader who suspects a parent/adult of intoxication or displaying erratic behavior must report it immediately and contact another parent to pick up the child. However, if the adult takes the child anyway, the police are to be notified immediately.

The wrongful death lawsuit asks that Christina McDonald be awarded a just and fair amount in compensatory damages for drunk driving accident that killed her daughter.

If your son or daughter has been injured or killed in Alabama while under the care of another person or facility, the responsible party should be held responsible for the care of your child. Please contact the Child Injury Lawyers in Birmingham at Farris, Riley and Pitt today for a free case evaluation. Time is essential when it comes to a hurting child; call us toll free at 1-888-580-5176 or 205-324-1212.

If your child was injured in an accident, you need answers and to talk with an experienced attorney who has represented child related accident cases. Representing a wide range of personal injury matters, the attorneys at Farris, Riley and Pitt handle cases involving auto accidents in Birmingham, serious truck and car wrecks, child related injuries, nursing home abuse cases, overtime claims, railroad accidents and workers compensation.