Parents file wrongful death lawsuit in case of their seven-year-old

The parents of a seven-year-old boy, who died following a 2020 crash in Whitley County, are now suing the man, who was driving their son while allegedly impaired.

On Oct. 22, Williamsburg attorney Paul Croley filed the lawsuit in Whitley Circuit Court against Bobby D. Canada on behalf of the Estate of Mason Tyke Hubbard, and his parents, Stephanie Lou Hubbard and Adam Cox.

“Bobby D. Canada had a duty to act reasonably and use ordinary care while operating a motor vehicle … Canada breached his duty of ordinary care when he negligently operated his vehicle and collided with a tree, causing the wrongful death of” the victim, Croley wrote in the lawsuit.

On Nov. 14, 2020, seven-year-old Mason Hubbard, who was a second grade student at Whitley Central Primary School, and a two-year-old were both passengers in a Nissan Altima that Canada was driving, according to the Whitley County Sheriff’s Department.

As the vehicle approached the intersection of U.S. 25W and Ky. 511, Whitley County Sheriff’s Deputy Joe Prewitt said it went off of the left shoulder and struck a tree.

“It didn’t appear like he hit the brakes,” Prewitt said last year.

While Hubbard wasn’t ejected, a member of the Oak Grove Volunteer Fire Department, which responded to the scene, said he was unresponsive.

According to Prewitt, Canada was taking the children to their grandmother’s house in Canadatown at the time of the crash.

Williamsburg Police Lt. Brandon White conducted a Drug Recognition Expert evaluation in an effort to determine whether Canada was driving under the influence of drugs.

“Lt. White advised the examination indicated cannabis use by offender (Canada),” Prewitt wrote in the arrest citation. “(Canada) consented to a test of his blood.”

On Nov. 16, 2020, Mason Hubbard died at the University of Kentucky Medical Center from injuries related to the Nov. 14, 2020, crash, according to the lawsuit.

On June 21, a Whitley County Grand Jury indicted Canada, 55, of Williamsburg, on charges of first-degree assault and second-degree manslaughter in connection with the crash.

Canada was “impaired with drugs” and ignored safety precautions, according to his indictment.

The grand jury also indicted him on a second-degree persistent felony offender charge stemming from a prior felony case in Tennessee, according to the indictment.

Canada has been incarcerated in the Whitley County Detention Center since his June 21 indictment.

Canada’s criminal case is scheduled for a pre-trial conference on Dec. 6 at 1 p.m. in Whitley Circuit Court.

So far no court date has been scheduled regarding the civil lawsuit.

The lawsuit notes that Hubbard’s estate is entitled to recover wrong death damages, including: medical expenses, funeral expenses, destruction of power to earn future monies, and conscious pain and suffering.

It also notes that his parents are entitled to damages for the loss of affection and companionship they would have derived from their son.

The lawsuit seeks judgment against the defendant, punitive damages, attorney fees and costs, and for a trial by jury.