MONROE COUNTY, Mich. — The family of two children who were killed when a vehicle crashed into a birthday party in Monroe County is suing the accused intoxicated driver and the tavern where the driver allegedly had been drinking.
Siblings Alanah, 8, and Zayn Phillips, 4, were killed Saturday when a vehicle crashed into the Swan Boat Club, where the two siblings, alongside their mother and brother, had been attending a 3-year-old's birthday party. The children's brother, 11-year-old Jayden, and mother Mariah Dodds, were also hospitalized with serious injuries that required extensive surgery, according to a press release from the family's legal representation, Marko Law Firm.
Marshella Chidester, the accused driver, also faces multiple criminal counts. On Tuesday, Chidester was arraigned on two counts of second-degree murder, two counts of operating while intoxicated and causing death and four counts of operating while intoxicated and causing serious injury, according to the Monroe County Prosecutor's Office. The murder charges carry a maximum sentence of life in prison.
District Court Judge Christian Horkey set Chidester's bond at $1.5 million with conditions including a GPS and alcohol tether if she posts bond.
According to the family's civil lawsuit from Marko Law Firm, the family is asking the court to award them damages of at least $25,000 and attorney fees and suing Chidester on the following counts:
- negligence, gross negligence, willful and wanton misconduct
- loss of society & companionship/consortium
- negligent infliction of emotional distress
“This is any parent’s worst nightmare," Attorney Jon Marko said in the release. "Entire lives were devastated and will suffer from this loss forever. We will make sure those responsible are held accountable for this senseless tragedy. The family is forever grateful for the support of everyone. Zayn and Alanah had smiles that filled the room. They were the most loving and kindhearted kids. Please continue to pray for comfort."
The family is also suing Verna's Tavern, where Chidester was allegedly drinking before driving her SUV into the boat club, on one count of dram shop liability. The lawsuit alleges that the bar sold Chidester while she was visibly intoxicated and violated state law.
"Hearts are broken. Two pieces of their heart are now gone and it is just really hard to process this kind of hurt,” attorney Michael Jones stated on behalf of the family in the press release. “They need time to heal and request privacy during this difficult time. There is a long recovery ahead for both Mariah, J.P., and the family.”
"The first thing she wanted to know was, 'How are my children doing?' And to find out two out of the three didn't make it, I can't think of anything more horrible than that," Marko said. "They want justice, they want justice in the civil courts, they want justice in criminal court, and we want to bring them that justice."
Nine people in total were hospitalized for their injuries in the incident that shook the community Saturday.
Many have rallied behind the family, including Swan Boat Club itself, which is holding a candelight vigil on April 26 at 7 p.m.
A spaghetti dinner victim relief fundraiser will also be held on May 4 from 4 p.m. to 7 p.m. You can read more about the event here.
"All the money in the world won't make up for what has happened here," Marko said. "But what we we're hoping, and what we'll do is use everything at our disposal to get answers."
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