This article was previously published on EloraFergusToday.
The family of an 18-year-old from Fergus killed in a hit and run more than a decade ago is seeking monetary damages against the couple convicted in his death.
Lucas Shortreed’s family have filed a $1 million lawsuit against David and Anastasia Halliburton according to a statement of claim filed in Toronto last year, after they were charged but before they were convicted.
The plaintiffs are Shortreed’s mother, sister and brother and also on behalf of his estate.
No statement of defence or intent to defend has been filed in this case, according to a Superior Court of Justice employee who provided the statement of claim.
Shortreed was killed Oct. 10, 2008, while he was walking home at night to Fergus from Alma when he was struck by a white neon driven by David Halliburton with Anastasia Halliburton as a passenger along with their son.
In an agreed statement of facts read in court, David acknowledged he had been drinking but did not believe he was over the legal limit. No criminality was proven in the actual hitting of Shortreed but in the couple’s actions afterwards.
The Halliburtons drove off from the scene and went home which wasn’t far from where Shortreed was struck. They concealed the car in a trailer on their property, bought an identical replacement vehicle and swapped the plates and dashboard between the two cars.
The couple would eventually be caught after a tip to police 14 years later.
On Sept. 26, 2023, David pleaded guilty to fail to remain at the scene of an accident and obstruction of justice. He was sentenced to two-and-a-half years in prison and given a three-year driving ban.
Anastasia also pleaded guilty to obstruction of justice and careless storage of a firearm and was given six months house arrest, 12 months probation and 200 hours of community service.
The statement of claim says the collision was caused by negligence on the part of David and Anastasia as they failed to keep a proper lookout, drove too fast, were impaired by alcohol and were generally incompetent drivers among numerous claims.
It also noted they failed to remain at the scene of the collision or take any measures to assist Shortreed after he was struck.
“The plaintiffs have suffered pecuniary losses not paid for by the accident benefits insurance company, including funeral and burial expenses, travelling expenses, long distance telephone expenses, loss of income and other expenses,” the claim said.
It also added his family has suffered from mental distress and psychological trauma since his death and sustained the loss of guidance, care and companionship they would have expected if Shortreed had not died.
The plaintiffs state the defendants “behaved with arrogance, high-handedness and has shown a callous disregard and complete lack of care for Lucas Shortreed.”
The allegations in the statement of claim have not been tested in court.
The action is proposed to be tried in Toronto, but no date has been set for it.
