The Lexington couple whose 11-year-old son was killed in a boating accident while attending a scout camp in NH is suing Scouting America (formerly known as Boys Scouts of America) and the camp counselor who was operating the boat.
Keoni Hubbard died in July 2023 after being hit by the propeller of a boat in Lake Manning while attending Camp Bell in Gilmanton, NH.
Jena and John Hubbard, Keoni’s parents, allege Scouting America, its NH affiliate Daniel Webster Council, which operates Camp Bell, and Ethan Showalter, a Lexington resident who was operating the boat, were negligent in protecting Keoni while he was under their supervision.
“Time does not heal this, there is no coming back from the death of a child,” John Hubbard said during a press call on Tuesday. “The best thing I can do is hold the Boy Scouts accountable.”
The New Hampshire State Police Marine Division investigated the incident and concluded the tragedy was not a freak accident but the result of failure to ensure the safety of children, Tucker Merrigan, an attorney representing the Hubbards, said.
In their lawsuit, the Hubbards allege Scouting America failed to adequately train, supervise, and monitor Showalter, who was 18 at the time. Keoni was among eight scouts, all from Lexington’s Troop 119, who were aboard the boat and in the water around the boat Showalter was driving, Merrigan said.
Merrigan said Showalter was issued his boating license ten days before the incident, underwent less than an hour of training, and left the boat unanchored and untethered at the time of the incident.
The Hubbards didn’t want to sue Showalter because they see the problem as more systemic, “but that’s what the law dictates,” Merrigan explained.
“He was put in an impossible situation with a job he was destined to fail,” he said. “He never should have been put in the position to drive that boat.”
Scouting America failed to follow its own safety guidelines while hosting Keoni at its New Hampshire camp, Merrigan argued. Those guidelines state the operator of a boat must be 21 years or older, there must be an on-duty lifeguard, and a buddy system, among other policies.
“I want people to know that the Scouts are not living up to their own laws, especially their first law that says a Scout is trustworthy, tell the truth and keep promises, people can depend on you,” Jena Hubbard said. “The organization utterly failed him, especially on this.”
The Hubbards hope to hold the Scouts accountable for failing to protect Keoni while attending its camp. They are also seeking financial compensation, but the amount will be determined by a jury. Merrigan said he expects a jury to deliver a verdict “well in excess of $100 million.”
The Showalter family and staff from Camp Bell referred LexObserver to Scouting America for comment on the complaint.
LexObserver reached out to Scouting America for comment but did not hear back in time for publication. A spokesperson from Scouting America declined to comment on the suit when asked by the Boston Globe, but reiterated a statement of grief.
“We wish to, again, express our deepest condolences to Keoni’s family and friends,” that spokesperson said to the Globe. “We understand that a lawsuit has been filed involving Keoni, and we have not yet had an opportunity for a thorough review.”
“In his memory we want to make sure this never happens again,” Jena Hubbard said. “We are fighting so that no family can go through the pain and suffering that we are fighting to survive every day.”
The main purpose of Adult training is Scouts is primarily to deflect lawsuits from the organization and place the liability on the volunteer leadership (or lowest of the paid employees). It is done under the label of “Safe Scouting” but over the decades it has become apparent that the primary goal is “insulation from responsibility”. I have asked other leaders “Where in the policing, enforcement & the consequences?”. What are the penalties ? IF you have none of the afore mentioned? The rules must have another more sinister intent. It is literally impossible to follow “all” the rules. Some are ridiculous, sometimes to follow the rules puts Scouts at risk or would require leaders to cancel the event. Rules have stripped Scouting of much of it’s fun. (No paintball, water pistols) Forcing a Scout to sleep alone in a small tent (age difference), and NOT allowing parents to go on campouts to observe the program (Need to pay nearly $70 to be a member and take online training). This limits parents ability to confirm the validity of the program, assist, and is a moneymaker for the organization. It does NOT improve confidence, or safety. I would argue it makes it LESS safe. Many more examples. Scouts is circling the drain. Older experienced leaders are aging out or bailing.