Keystone Agricultural Producers says it’s closely following a lawsuit filed against a Steinbach-area dairy farm.
The lawsuit centres around a local highway mudslick believed to have caused a deadly motorcycle accident in 2022. The Manitoba Public Insurance Corporation, which filed the suit, says it was left behind 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 official documents only as John Doe).
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“We are monitoring this matter. However, as it is currently before the courts, it would be inappropriate for us to comment on it at this time,” KAP told the Co-operator in an emailed statement.
The accident at the root of the lawsuit happened on Sept. 24, 2022, when a group of six motorcyclists were travelling westbound down PR 311 between Roads 36E and 37E, 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 pickup truck. The RCMP pronounced the man dead at the scene. His 12-year-old daughter was his passenger. She was uninjured. The other five motorcycles also lost control in the mud, but no other injuries were reported.
No criminal charges were filed against the dairy following the incident.
The potential precedent of the case has implications for agriculture should the court agree with MPI that the dairy was negligent in leaving the mud and thus financially responsible for damages.
MPI is seeking $34,946 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 a mud slick on the highway when 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, 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.”
The Manitoba Highway Traffic Act includes a clause that requires 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,” and lays out fines should those regulations be neglected.
Pennwood Dairy could not be reached for comment as of press time.
