Lawsuit targets pontoon boat operator, Sea-Doo driver, owner in fatal Whitemud River crash

The father of a 39-year-old Portage la Prairie woman killed in a boat crash on the Whitemud River is suing the men who were operating the involved watercraft, claiming they were negligent when navigating the winding waterway.

Ashley Danielle Rodgers died Aug. 10, 2024, when the Sea-Doo on which she was a passenger rounded a curve in the river and collided with an oncoming pontoon boat. She suffered blunt injuries and died, leaving behind two children.

“She was a vulnerable passenger on the back of a Sea-Doo which had no protection,” said lawyer Martin Pollock.

“It’s a very interesting case because it addresses water safety, it addresses boating safety, it’s an absolute nightmare to parents and loved ones when people are out on waterways. Rules have to be respected, especially going around blind curves.”

Pollock filed a statement of claim on behalf of Rodgers’ family in the Court of King’s Bench on July 20. Her father is the primary plaintiff, but the lawsuit seeks damages for 10 other relatives and dependents, including Rodgers’ 22-year-old son and 17-year-old daughter.

It names Len Johnson, the man operating the pontoon boat, and Matthew Irwin, who was in control of the Sea-Doo personal watercraft, as defendants. Another man, the owner of the Sea-Doo, is also named.

According to an RCMP news release, the collision occurred on a section of the river located north of Road 81 North, in the Rural Municipality of Westlake-Gladstone.

The boat had five people on board when the collision happened. Rodgers and Irwinwere lifted aboard after the crash and taken to a nearby campground to meet emergency crews, police said. Irwin was hospitalized with non-life threatening injuries, police said.

RCMP did not indicate who was believed to be at fault for the crash.

Rodgers’ family hopes taking the defendants to court will help resolve unanswered questions, Pollock said.

“The only way to find out what happened is to have the actual parties… in a room and to ask them,” he said.

“And if somebody has breached certain regulations, certain laws, certain rules and has caused or materially contributed to the death, then the aggrieved party is entitled to the statutory damages.”

The statement of claim alleges both Johnson and Irwin failed to steer their vessels close to the shoreline to their immediate right as they approached a bend in the river. It accuses them of being reckless, careless and negligent.

“The river was wide enough for the boat and the Sea-Doo to pass each other without colliding,” the lawsuit says. “Weather conditions were pleasant, and visibility was clear.”

The lawsuit also accuses the third defendant of negligence, claiming he allowed Irwin to borrow his Sea-Doo without determining whether he was qualified to operate it.

None of the defendants has responded to the statement of claim. The Free Press requested comment from all three through their lawyers.

Rodgers worked as a home-care aide for nearly two decades before her death, according to her obituary.

“Lighting up every room she entered, simply by being herself, was one of her greatest gifts. She had a quick wit about her that you couldn’t top, the best sense of humour, and a contagious laugh no one could ever forget,” it reads.

tyler.searle@freepress.mb.ca