In the wake of a lawsuit filed against a Steinbach-area dairy farm, Keystone Agricultural Producers has joined a working group on highway debris and road safety.
In addition to KAP, the working group includes the Coalition of Manitoba Motorcycle Groups, Manitoba Transportation & Infrastructure, Manitoba Agriculture, Manitoba Public Insurance, the RCMP and the National Farmers Union.
Why it matters: A Manitoba dairy is being sued over a muddy stretch of road and a motorcycle accident that followed. The case could have implications for farmers when future farm activities make a mess.
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The lawsuit centres around a highway mud slick believed to have caused a deadly motorcycle accident in 2022. Manitoba Public Insurance, which filed the suit, says the mud was left by the farmer or farm staff.
MPI has filed a statement of claim against Pennwood Dairy in the RM of Hanover, farm owner Gilmer Penner and a farm worker (named in documents as John Doe).
“The working group is focused on making roads safer for all motorists by looking at solutions to reduce the dangers of excessive debris on Manitoba’s highways and will be doing so over the next few months,” KAP general manager Brenna Mahoney said in an emailed statement.
Mahoney said KAP is not aware of any other situations in which this kind of legal action has been taken against agricultural producers.
It’s not just about farmers, she said, although the potentially precedent-setting lawsuit could impact future farm operations. It should be a wake-up call for anyone on the road.
Mahoney pointed to the Manitoba Highway Traffic Act.
“The legislation outlines the responsibilities of all motorists when it comes to items or substances being left on the road. This legislation applies to all vehicles travelling on the road, whether they be commuter, commercial or other,” she said.
Section 217, parts 1-4 of the act cover substances left on the road that may cause injury. It requires that anyone who drops something likely to cause injury or vehicular damage to remove it immediately or to “place advance warning devices on the highway in accordance with the regulations.” Fines are laid out should the regulations be neglected.
While KAP is watching the MPI case closely, the organization says it’s actively promoting safety through its FarmSafe Manitoba initiative.
“Key messages are focused on all aspects of road safety, including following legislative requirements,” Mahoney said. “Additionally, we have one-on-one farm safety consultation services, allowing farmers access to free professional education and training on farms.”
Mahoney said the working group intends to expand beyond the founding members to include other stakeholders that play a role in road safety.
“These include groups from other industries who are frequent travellers on Manitoba’s roads, as well as municipal stakeholders and relevant provincial organizations,” she said.
Lawsuit details
On Sept. 24, 2022, a group of six motorcyclists were travelling west down provincial road 311, five kilometres northeast of Steinbach.
The motorcyclists drove into mud debris, which covered both lanes on the highway. The lead motorcyclist, Denis L’Heureux, was thrown from his bike and was struck by an eastbound vehicle. The RCMP pronounced the man dead at the scene. His 12-year-old daughter, who was his passenger, was uninjured. The other five motorcycles also lost control in the mud, but no other injuries were reported.
MPI is seeking $34,946 from those named in the lawsuit to recoup the costs of towing and repairing the motorcycles. The statement of claim argued that either the dairy owner or an employee was responsible for leaving mud on the highway while operating farm machinery on the road and that they failed to clear the debris, post warning signs or take steps to have the road closed. MPI argues that makes them liable and responsible for the collision.
In an email to the Co-Operator earlier this year, MPI said it “pursues civil action when it believes it will be successful in proving the other party is at fault, resulting in a recovery of losses.
“This ensures MPI can deliver on its mandate to keep rates affordable for customers by recovering its losses from those who carelessly create road hazards and fail to remove them as required by law.”
Pennwood Dairy could not be reached for comment.
