WOMAN SUES DEAD BOY

[HairOfTheDog]

Brandon Majewski, 17 -- killed on his bicycle by a motorist

A woman who struck a group of teens with her car is now suing the victims, including the family of the one boy who died in the accident. Sharlene Simon, 42, is seeking compensation for psychological suffering, including post-traumatic stress disorder (PTSD), anxiety and depression she claims is a direct result of the crash.

The accident took place on Innisfil Beach Road in Innisfil, Ontario Canada in the early morning of October, 28, 2012 when Ms. Simon struck the three teens from behind with her SUV while they were riding their bikes. The collision injured two of the teens and claimed the life of 17-year-old Brandon Majewski.

Majewski was going for a late night bike ride with two of his friends when the accident occurred. Majewski, who took the brunt of the blow, was thrown over the hood on impact and died from his injuries. Richard McLean, 16, suffered multiple broken bones from the crash. The teen has since recovered from his injuries. Jake Roberts, 16, came away from the accident with only minor scratches.

Majewski's older brother, Devon, died of an OD 6 months later -- his family says he was unable to cope with the grief over Brandon's death.


Devon Majewski and the boys' mother Venetta Mylnczyk

Ms. Simon is claiming negligence on the part of the boys contributed to the accident. She further claims the boys failed to properly use their brakes, referring to them as “incompetent bicyclists.”

Police on the scene, including Ms. Simon’s police officer husband (he was following behind her when she hit the boys), ruled the incident an accident due to poor visibility and hazardous driving conditions due to rain.

Majewski’s family is counter-suing, claiming Ms. Simon was speeding and possibly intoxicated and distracted by talking on her phone. Authorities, however, don’t believe she was under the influence at the time of the collision. While not charged in the accident, Ms. Simon was reportedly going 90km/h in an 80km/h zone, a fact confirmed by police.

Majewski’s family is expressing outrage over the lawsuit. Ms. Simon has not made any public statements concerning the case.

“I’m devastated, I’m in shock,” Majewski’s mother, Venetta Mylnczyk, 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.”

Refs:
http://www.ecanadanow.com/canada/2014/04...s-victims/
http://www.sunnewsnetwork.ca/sunnews/can...10951.html
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I really hope Ms. Simon loses her case. I'm sure it's emotionally devastating to kill another person, even in a no-fault accident. But, suing the boys that she hit for the pain they've caused her is outrageous to me. (I want to see Sharlene Simon's face, but couldn't find a photo of the woman.)

Anyway, the boys were reportedly wearing dark clothes and the road was also dark and wet. They had reflectors on their bikes, but not lights. IMO, it was a terrible accident and Mrs. Simon wasn't charged with vehicular manslaughter, nor did the boys' family bring suit against her until she filed against them.

Simon is suing the families of all three of the boys she hit.

[Maggot]

Some people need to be run through a pencil sharpener.

[Duchess]

Bitch has no common sense.

[crash]

Jesus wept...some people should be put in stocks for a public slapping.. I'd stand in a 45 minute queue to have a turn with this bitch..

[Maggot]

He has a cool bike.

[cladking]

I'd want to have more details before believing she's really faultless. Her husband was right there and would have influenced the investigation with both his account and his opinion. You're not supposed to outrun your headlights at night. Of course I don't support pedestrians or bicycles in the road either. It's asking to get hit to not be moving with traffic because half the country is on a cellphone.

I support the right to sue victims in only the most extreme circumstances and I seriously doubt this is one of them. Perhaps what she believes is PTS is really guilt. She should probably have the common decency to leave the family alone and deal with her own damn problems whatever their source.

[HairOfTheDog]

I think the families of the boys she hit, at least the Majewskis, are also unconvinced that a thorough and unbiased investigation was carried out, Clad. The driver, Sharlene Simon, wasn't tested for alcohol or drugs and, of course, the fact that her husband was an LEO on the scene probably increases that suspicion.

Sadly, there's nothing that the families can do now about the lack of tox screening.

It is clear and documented that Simon was going over the speed limit on a precarious road when it was wet out, but then again, the boys did not adhere to all safety requirements either.

IDK. It seems that people can't accept that accidents happen anymore. Seems someone always needs to sue someone for something when tragedy strikes. If it was just a combination of darkness, wetness, and none of the parties being able to see each other under the circumstances, then you'd think Simon could just let it rest and live with her trauma or her guilt without adding more to what the families already have to handle -- I agree with you.

It was reported that Simon filed suit first and then the Majewskis filed a counter-suit. Now, I'm wondering if maybe one of the other boys' families filed suit against Simon first (they haven't spoken out) and Simon filed against all of them as a counter-measure. I'm gonna do a little more digging in the Canadian news to see if there are any official court docs or post-accident time line of events.

[HairOfTheDog]

Okay, this report sheds some light on things.

Snip:
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 Brandon’s father, Derek Majewski, was gobsmacked this week when he walked out of his lawyer Brian Cameron’s office having just learned that, as he put it, “my dead son and the boys are being sued by the woman that killed him because she is distraught. “Normally, I would not react like this,” he told Postmedia in an email, “but I think it’s very cruel.”

Mr. Majewski and his ex-wife, Venetta Mlynczyk, have lingering questions about the quality of the investigation. They particularly believe that the boys were blamed for the accident that killed Brandon — that it was their fault because only two of the bikes had what the police called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.

As Mr. Majewski put it, “They’re kids; they’re allowed to make a mistake.”

Ms. Mlynczyk later complained to the Office of the Independent Police Review Director — she alleged that one of the investigators from South Simcoe was friends with Ms. Simon’s husband, Jules Simon, and, in essence, that the investigation was mismanaged or biased.

That complaint was referred back to the South Simcoe force for investigation, and in a September 2013, report, the review concluded that the allegation of discreditable conduct against the officer was unsubstantiated and that the original probe was thorough.

Mr. Majewski remains concerned that the force investigated itself, and said he had expected that an outside force, such as the Ontario Provincial Police, would have been asked to handle it.

The South Simcoe review also addressed a number of the mother’s other concerns, many of which appeared to have sprung from town rumours.

One such was that Ms. Simon’s husband, Jules, was a member of the South Simcoe force, but as the report to Brandon’s mother said, in fact he is an officer with York Regional Police who had never met the investigator from Simcoe before.

The report also confirmed that Ms. Simon, who acknowledged driving at about 90 k.p.h., above the 80 k.p.h. limit, wasn’t required to take a breathalyzer test because there were “no grounds to request” one. A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system.” (HOTD: good to hear that Simon was at least screened for alcohol intoxication.)

That report didn’t address what Mr. Majewski says South Simcoe police told him – that Ms. Simon’s husband had been following her home on the night in question. (HOTD: I think this is why the Majewskis are insinuating Ms. Simon must not have been in any condition to drive.)

Mr. Majewski, Ms. Mlynczyk, their new partners and their children are also suing Mr. and Mrs. Simon and Simcoe County for a total of $900,000. Their suit alleges Ms. Simon was speeding, under the influence or texting at the time of the accident, and that Mr. Simon allowed her to drive the SUV when “he knew or ought to have known” she was in no condition to do so.

None of the claims in either suit has been tested or proved.

However, the Majewski-Mlynczyk statement of claim, filed last March, is much more the norm: Whatever else, it is their son who was killed. (HOTD: so there it is -- while several media sources were reporting Mr. Majewski's surprise and outrage over Simon's suit, they neglected to note that it was a counter-suit -- which makes more sense to me).

http://fullcomment.nationalpost.com/2014...suffering/
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There seems to be little evidence to support the Majewski's claims against Simon -- they may be true, but they're only suspicions and doesn't look like they could be proven.

I think Ms. Simon should have simply gone to civil court and defended herself against the Majewski's suit rather than file a $1.35 million counter-suit for pain and suffering, which still seems callous to me (but, I don't know what her lawyer may have advised her and haven't heard her side of the story because she's not talking to media).

[ramseycat]

This was a terrible accident. Why do people have to sue? The driver has to live with the guilt she killed somebody. The family of the boy killed lost their son. No one wins in cases like this. It just keeps a horrible tragedy front and center in their lives. If the driver was DUI, then I would say sue the bitch. She wasn't. The only people who benefit from this are the attorneys.