The family of Ben Kredich already changed Tennessee law. Now they've filed a lawsuit on his behalf

The family of Ben Kredich , who was struck from behind and killed while walking on a Kingston Pike sidewalk last summer, is suing health care providers, dispatch, the driver and others they say could have prevented Ben's death.

The lawsuit was filed Aug. 19 in Knox County Circuit Court.

What the Kredich family says went wrong

In the hours before police said Shannon Blake Walker drove a minivan through two lanes of traffic, up onto the sidewalk and hit Kredich, he had to be revived from an overdose by American Medical Response paramedics in a driveway on Westland Drive, according to the lawsuit. AMR responded and revived Walker with two doses of Narcan, and he was taken to Parkwest Medical Center.

Walker was released soon after, as is required by law, when he refused treatment. Hospital staff members later said in media reports he left as a passenger, not a driver. He was still wearing his hospital band when he struck 24-year-old Kredich, according to the lawsuit.

The lawsuit asserts police were not called at any point during Walker's overdose and release, either at the Westland Drive home by dispatch or the paramedics, nor at Parkwest by medical staff.

Police, however, do not respond to every overdose call, something a police spokesperson later confirmed for the family, according to the lawsuit.

"Absent police intervention, nothing prevented Walker from leaving the ER and returning to his minivan to drive away. (Their actions) were completely indifferent to clearly foreseeable consequences, i.e., that Walker would drive and commit mayhem along the roadway," the lawsuit says.

Walker, who also is being sued, faces two counts of vehicular homicide charges and others. His next court appearance is Sept. 3. Walker’s brother, who picked him up from Parkwest and took him back to the minivan, according to the lawsuit, is being sued as well.

The lawsuit was filed against Walker; his brother, Scott Walker; AMR; Covenant Health; Parkwest; Knox 911; and 10 unidentified employees of those agencies.

A spokesperson for Covenant Health, which operates Parkwest, did not immediately respond to a request for comment. Knox 911 Director Brad Anders and a spokesperson for AMR declined to comment, citing the pending litigation.

The family is seeking $15 million in damages.

New Tennessee law is in Ben’s name

Kredich’s death was a jarring blow in Knoxville. His mother, Kim, is a student advocate and his father, Matt, is the University of Tennessee director of swimming and diving. Ben was long ago diagnosed with autism, and he inspired others .

After Ben’s death, the family worked with Tennessee lawmakers to pass the Ben Kredich Act , which became law July 1. It is intended to prevent a person who was received Narcan after an overdose from getting behind the wheel.

"Just because you were revived doesn't mean you don't still have drugs in your system," state Sen. Becky Massey told Knox News earlier this year.

"If you've overdosed, and you've received an opioid antagonist, then you are still impaired and if you are pulled over, you will be arrested for impaired driving,” she continued.

Tyler Whetstone is an investigative reporter focused on accountability journalism. Connect with Tyler by emailing him at tyler.whetstone@knoxnews.com . Follow him on X, formerly known as Twitter, @ tyler_whetstone .

Support strong local journalism by subscribing at knoxnews.com/subscribe .

This article originally appeared on Knoxville News Sentinel: The family of Ben Kredich already changed Tennessee law. Now they've filed a lawsuit on his behalf