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