Toronto Driver Suing Teen She Fatally Hit
By Anne Lu | April 28, 2014 11:31 AM EST
Canadian woman Sharlene Simon fatally hit a teen with her car, and now she’s suing her dead victim’s family for CAD1.35 million for emotional trauma. The mother of three blames 17-year-old Brandon Majewski and his surviving friends Richard McLean and Jake Roberts for her suffering, claiming they were incompetent bicyclists.
On Oct 28, 2012, Majewski and his friends were out bicycling around 1:30 am on the side of Innisfil Beach Road when he was knocked off his bike by an SUV driven by Simon. He died from multiple traumatic injuries two hours later in the hospital.
McLean, 16, was seriously injured with a broken pelvis and other bones, while Roberts, also 16, sustained only scratches from falling off his bike.
Simon, on the other hand, was driven home by her husband, Jules Simon, a York Regional Police officer who was driving behind her that night. Police report shows that she admitted to driving 90 km/h in an 80 zone. She said that she didn’t see the teenagers or their orange-red pedal reflectors.
She was not told to perform breathalyser since the police did not suspect that alcohol was involved.
The Majewskis’ family lawyer, Brian Cameron, launched a routine lawsuit against Simon on behalf of the boys and their families to cover medical and funeral costs. The suit alleges that the driver was speeding and may have been intoxicated and talking on her mobile phone when the accident happened.
The allegations have not been tested in court.
According to the Toronto Sun, Simon is fighting back with a lawsuit of her own against the boys for being “incompetent bicyclists.”
She is blaming the three boys for negligence, claiming that she has suffered from psychological suffering, including depression, anxiety, irritability, and post-traumatic stress.
She is also suing the County of Simcoe for failing to maintain the road.
“I’m devastated, I’m in shock,” Majewski’s mother, Venetta MyInczyk, told the Toronto Sun.
“She killed my child and now she wants to profit from it? She says she’s in pain? Tell her to look inside my head and she will see pain, she will see panic, she will see nightmares.”
Cameron added, “In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed.”
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