The Wozniak v. Alexander court decision was released by the Alberta Court of Queen’s Bench in Calgary on July 15, 2008.

In the afternoon of July 23, 2007, 17 year old Megan Wozniak and some friends rented a power boat and went boating on Sylvan Lake. They were shown how to start the boat, trim the motor, and put the boat into gear. The whole process took only a few minutes.

While on the lake, Ms. Wozniak and her friend decided to go tubing. They laid on their stomachs and held on to the tube which was attached to the boat by a cord and being pulled along. Suddenly, the driver of the boat applied to much throttle and the boat did a “doughnut” – turning 180 degrees and heading straight for the tube holding Ms. Wozniak.

At first Ms. Wozniak thought it was a joke, but then she realized the boat was not stopping and attempted to jump off the tube. Unfortunately, the boat’s propeller hit her right foot, nearly severing it in half. She was rushed to hospital and underwent surgery. She was found to have a compound fracture in the area of the heel bone. There was nerve damage and, laceration of tendons and other muscle and soft tissue damage. Also, she required an ankle fusion and screws to hold the fractures in place.

Ms. Wozniak hired a Calgary accident negligence lawyer and sued the driver of the boat and the rental company for negligence resulting in her severe injury.

At trial, the driver of the boat acknowledged he was responsible and negligent. However, the boat rental company denied responsibility. After reviewing all the evidence, the court found that none of the occupants of the boat were instructed on towing procedures or the important safety precaution of killing the engine and how and when that should be done. Thus, the court found that the rental company failed to meet the standard of care and was also liable for Ms. Wozniak’s injuries.

The court found that the driver of the boat and the boat rental company each had 50% liability for the accident. Ms. Wozniak was awarded the following damages:

• $120,000 – General Damages for pain and suffering
• $40,000 – Cost of future care and housekeeping
• $50,000 – Loss of future earning capacity
• $17,118 – Special damages

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