Donovan Family

Bobby Jo Donovan has filed a law suit against the estates of two pilots whose planes collided mid-air killing her son and husband. (Facebook)

An Alberta widow has filed a lawsuit after losing her husband and 11-year-old son in a mid-air plane crash two years ago.

Bobby Joe Donovan’s husband, Eric, and son, Wade, were offered a flight by family friend, Denny Loree, to check out some farming equipment they were thinking of purchasing when their plane collided into another plane northeast of Saskatoon, near St. Brieux, Sask.

Both pilots and three passengers, including Donovan's husband and son, were killed in the crash.

The Transportation Safety Board of Canada concluded the pilots did not see each other before they collided.

Statement of claim alleges both pilots negligent

In a statement of claim filed in a Calgary court earlier this month, Donovan alleges the pilots of both aircrafts were flying unsafely which led to the collision.

The lawsuit also alleges:

  • That both aircrafts had faulty warning systems.
  • Were operating under unsafe mechanical conditions
  • That both pilots were flying under the influence of drugs, alcohol or both
  • That both pilots failed to maintain a proper lookout for other planes
  • That they were operating in dangerous weather conditions

None of the allegations have been proven in court.

Donovan is suing for nearly $6 million in damages including bereavement, counselling services, loss of income and funeral costs.

The estate of Robert Eric Jackson, the pilot of the second aircraft, and the estate of Denny Loree must respond to the claims by the end of the month.

Both Donovan and her lawyer have refused to comment on the suit.

with files from Jennifer Quesnel