Manitoba Public Insurance is suing a dairy farm, alleging that its owner or employee was negligent for leaving thick mud on a highway, leading to the death of a Winnipeg motorcyclist.
MPI filed the lawsuit in the Court of King’s Bench on April 19 against the defendants, Pennwood Dairy Inc., the farm’s owner, Gilmer Penner, and an employee listed as John Doe.
Six motorcyclists were travelling west on Provincial Road 311, between Road 36E and 37E, approximately five kilometres northeast of Steinbach on Sept. 24, 2022 at approximately 1 p.m. when they encountered mud debris covering both lanes, the lawsuit alleges.
Denis L’Heureux, who was leading the group, was thrown from his bike into the eastbound lane and hit by a pickup truck
Steinbach RCMP said L’Heureux was pronounced dead at the scene.
L’Heureux was riding in a group with his 12-year-old daughter, who was a passenger on the backseat of his bike, his two sons and a couple friends to celebrate his 45th birthday. The RCMP said in a release that the other motorcycle drivers also lost control of their bikes as they encountered the mud, but that no other injuries were reported.
MPI alleges the owner or employee left heavy, slick mud on the highway while operating farm machinery, breaching their duty of care to the motorcyclists, and is “vicariously liable, by negligently and recklessly causing the collision.”
The lawsuit also alleges the dairy producer:
- Failed to cross the highway using generally accepted standards of the farming industry.
- Failed to exercise reason or care.
- Failed to post signage warning drivers about the muddy conditions or to slow down.
- Failed to clear the mud from the road so it was safe for users.
- Failed to take steps to have the roadway closed.
L’Heureux’s death is not mentioned in the lawsuit.
However, Manitoba RCMP media relations officer Tara Seel previously said that no one else had made a report to the Mounties about agricultural equipment being responsible for the mud on the road that day.
Pennwood Dairy Inc. is located across from Provincial Road 311 between Road 36E and 37E in the rural municipality of Hanover.
MPI wants $34,946 in towing and repair costs for five damaged motorcycles that it insured.
The defendants have refused or neglected to pay those costs, the lawsuit alleges.
According to Manitoba’s Highway Traffic Act, it is an offence to leave anything on a road that could cause injury. Offences can result in fines ranging from $298 up to $2,000.
At the time of the incident, Doug Houghton, director of the Coalition of Manitoba Motorcycle Groups and a friend of L’Heureux’s, wrote to MPI and Manitoba Infrastructure and Transportation, saying the mud should have been cleaned up and that caution signs should have been erected.
Houghton said the province could subsidize costs of signage for farmers to put up before crossing roadways with equipment that might be dragging mud.
He told CBC that MPI could do more to educate the public and agricultural producers about the dangers of not clearing roads.
No statement of defence has been filed. Pennwood Dairy and its owner could not be reached for a comment as of Tuesday.