SUV Driver Hits Cycling Children, Kills One, Sues Family Of Dead Child

Jack Baruth
by Jack Baruth

Six months after 17-year-old Brandon Majewski was run down by a 42-year-old female SUV driver in a residential community north of Toronto, his 23-year-old brother was found dead from an overdose. His family believes it was “grief” that killed him. Now, the people who lost two sons in half a year have another problem: a million-dollar-plus lawsuit from the woman who was responsible for at least one of those deaths.



According to the Barrie Examiner,

Brandon, a spunky and handsome 17-year-old bike enthusiast, was out with two buddies at around 1:30 a.m. on Oct. 28, 2012, when they hopped on their bicycles to go for hotdogs.

Not long after, an SUV crashed into the boys on Innisfil Beach Road, killing Brandon and badly injuring his friend Richard McLean, 16, who suffered a broken pelvis and other serious injuries. His other pal Jake Roberts, 16, received only scratches.

Now the driver of the SUV – a former Innisfil resident – Sharlene Simon, 42, a mother of three, is suing the dead boy for the emotional trauma she says the crash has caused her. She’s also suing the two other boys, as well as the dead boy’s parents, and even his brother, who has since died. She’s also suing the County of Simcoe for failing to maintain the road.

Ms. Simon’s lawsuit alleges that the children were “incompetent cyclists”. Local police believe she was speeding at the time, doing approximately 90 km/h in an 80 zone. She claims that she never saw the reflectors on the bicycles.

Additional coverage from RT notes that

Simon was being followed in a separate car by her husband, a York Regional police officer, and did not undergo a breathalyzer test, since police did not believe she was driving under the influence. Simon’s husband drove her home after the accident and no charges were filed.

Presumably “police” in this case means “the colleagues of her husband”.

Here at TTAC, we like to flatter ourselves that we can see both sides of every story — but it’s hard to generate too much sympathy for Mrs. Simon here.

Jack Baruth
Jack Baruth

More by Jack Baruth

Comments
Join the conversation
5 of 154 comments
  • Signal11 Signal11 on Apr 30, 2014

    Jack Baruth: "Here at TTAC, we like to flatter ourselves that we can see both sides of every story — but it’s hard to generate too much sympathy for Mrs. Simon here." Don't kid yourself, you're no better than Fox News for one-sided, yellow journalism.

  • Ron B. Ron B. on May 01, 2014

    The fault is difficult to asses because the police didn't investigate the accident in an attempt to protect "one of theirs". Police world wide are guilty of this. but the real story is who is telling this sorry woman that she will win the suit? yes it's the ambulance chaser. I have been driving in all conditions on roads around the world for close to 50 years and the simple rules still stand. You drive according to the conditions . If a wall appears before you ..do you drive into it and then say that the wall is poorly lit or was placed in dangerous place? of course you don't,but transpose that wall for three cyclists and do you then blame them for suddenly appearing in front of you ? looking ahead is a simple part of driving .if you cant see ,you either slow right down or stop. If you are so drunk your spouse has to follow you home in a police car yo should never have been driving in the first place and if you kill someone because your reflexes are dulled by substances yo took,then the grief and trauma you feel is the punishment you deserve , and I hope it stays with you for life.

    • See 2 previous
    • Signal11 Signal11 on May 10, 2014

      @CRConrad Quote from the National Post: - A collision reconstruction team from the South Simcoe Police Service investigated the crash; their 26-page report found that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.” The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.” - But hey, feel free to bulldog this with your view from the nosebleeds.

  • Joe This is called a man in the middle attack and has been around for years. You can fall for this in a Starbucks as easily as when you’re charging your car. Nothing new here…
  • AZFelix Hilux technical, preferably with a swivel mount.
  • ToolGuy This is the kind of thing you get when you give people faster internet.
  • ToolGuy North America is already the greatest country on the planet, and I have learned to be careful about what I wish for in terms of making changes. I mean, if Greenland wants to buy JDM vehicles, isn't that for the Danes to decide?
  • ToolGuy Once again my home did not catch on fire and my fire extinguisher(s) stayed in the closet, unused. I guess I threw my money away on fire extinguishers.(And by fire extinguishers I mean nuclear missiles.)
Next