Driver Who Killed Cyclist....Suing Victims Family......WTF?????

WTF??? :?: :drunk: :-s


http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/


As astonishing evidence of the raw appeal of the robes of victimhood, the female motorist who struck and killed a teenage cyclist 18 months ago is now suing the estate of the dead boy for more than $1-million.
According to a statement of claim filed in Ontario Superior Court last December by the woman’s lawyer, Sharlene Simon “has sustained and will sustain great pain and suffering,” including “a severe shock to her system” as a result of the crash.
“…her enjoyment of life has been and will be lessened,” the document says.
Also named in the $1.35-million suit are two other boys who were with Brandon Majewski when Ms. Simon’s Kia Sorrento hit the trio, and the County of Simcoe, responsible for maintenance of Innisfil Beach Road in the town of Innisfil, about 80 kilometres north of Toronto.
Brandon was 17 when, with his 16-year-old friends Richard McLean and Jake Roberts, the trio decided to cycle to a coffee shop late one fall Saturday night.

‘Her enjoyment of life has been and will be lessened’
​

They were returning to their homes about 1:30 a.m. on Oct. 28, 2012, riding abreast along the two-lane paved rural road, when they were hit from behind by Ms. Simon’s black SUV.
Brandon took the brunt of the impact, and was thrown over the roof of the car; he was barely alive when paramedics arrived, and despite vigorous efforts at resuscitation, was pronounced dead about two hours later at the Royal Victoria Health Centre in Barrie.
Richard’s bike was struck simultaneously, and he was later transferred to St. Michael’s Hospital in downtown Toronto, where he spent weeks recovering from his injuries. The third boy, Jake, was knocked off his bike, but wasn’t seriously hurt.
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.”
The death of their bright and popular son shattered the Majewski family, he said in a phone interview, voice growing thick with emotion. About six months after Brandon’s death, his older brother Devon, who had taken Brandon’s death particularly hard, died in his sleep from a combination of pharmaceuticals and alcohol.

‘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.”

‘They’re kids; they’re allowed to make a mistake’
​

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.
Mr. Simon didn’t respond to an email sent to his York Regional email address, nor did Ms. Simon’s lawyer, Michael Ellis, reply to a voicemail message.
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.
But now Ms. Simon, her husband and mother and her three children are suing Brandon’s estate and the boys who were with him that night.
After all, as Ms. Simon’s statement of claim says, “Her enjoyment of life has been irretrievably lessened…,” though not as much, say, as was Brandon’s.

 

This is sort of like the robber who sues the home owner for shooting him. (-_-!)

 

This is just disturbing and makes me sick. People like this and the lawyers that represent them should be drawn and quartered in public.

 

At a lost of words. Utterly incomprehensible.

Perhaps a guilty until proven innocent would have been a better approach.

 

Yeah this is extreme, but drawn and quartered is way too severe

 

I hate to say this but the driver is a victim also. It sounds like the bicyclists were being irresponsible and caused the accident. I agree that suing is a bit harsh.

 

Interesting. Thought the US was the only place people were allowed to file frivolous lawsuits for some reason. Distraught? What the hell's that mean anyways? And how is 900k gonna help? Any lawyers here? Why not make that the 1st question? How is money gonna change anything here? Also kinda strange to blame people for taking advantage of a system that allows such high dollar lawsuits in the 1st place. Why not just force them to burn the money in public or donate it to charity if you really want to teach them a lesson? Why should the "distraught" person get it since it probably won't make them any less "distraught"? Just ranting a bit... Don't really think any of this has a chance in hell of ever happening.

 

If there is a hell, I hope there is a special place in it for people who sue the victims of their carelessness and/or crimes.
I would gladly donate to this family's defense fund.

 

+1

 

This story sounds pretty vile and repugnant, the way it is spun here, but we weren't there and we don't know what happened. The carelessness might have been on the part of the boys. While we are all familiar with the stereotype of the irresponsible, texting motorist who strikes an innocent, it isn't difficult to imagine a trio of entitled, careless boys doing something stupid that results in injury to them.

I don't know about that $1.35 million dollar figure, but I wasn't there, and I don't know what has happened since the accident.

 

Funny that the article barely mentions the lawsuit the families had already filed against the driver despite the police and D.A. (or CAN equivalent) exonerating her.

The riders were riding abreast, in dark clothing, with no lights or helmets at 1:30 in the morning on a road with a 80 km/h speed limit. The families of the victims had already filed their own lawsuit against the driver because she was going 6 mph over the speed limit and they claim without evidence that she was under the influence or texting.

Does everyone here feel either lawsuit is justified? I don't think the situation is as black and white as some of you are making it out to be.

 

What kinda of respectful person would sue the family of the child they just killed.

 

If indeed the boys contributed greatly to this accident the driver should be very glad that she was not held responsible - and leave it at that. To turn around and sue their families is heartless and cruel. I am sure hitting and killing a cyclist/pedestrian is traumatic and life changing. Get some counseling. It's paid for in Canada.

 

Yeah. If it wasnt her fault, then all it was was an unfortunate accident. She may not be guilty of manslaughter, but she is guilty of being a major douche.

 

Good catch. This article was written to get the reaction it is getting, and which I felt at first--outrage at the driver.

But the driver was found not to be at fault and the boys were riding abreast at 1:30am on a rural road with no lights or reflectors and wearing dark clothing. The driver wasn't drunk.

And the families of the boys filed a lawsuit against the driver last March making unsubstantiated claims that she was drunk and texting. Her suit, just filed in December, may just be under the advise of her attorney--to file a countersuit to get them to drop theirs or something like that.

The article was not written to be clear or it would have been written in clear chronological order. It was written to rile us up and that it did.

 

This...most likely. I thought that type of suit-countersuit was a uniquely American phenomenon (and not our best trait). Guess I was wrong. Sigh....

 

I don't have enough details to comment on the legal facts of the accident or either case. But as a caring human being, I can't imagine using my own emotional trauma as justification to sue the parents who are mourning the loss of their child.

 

The loss of one child is horrific. The loss of two is unimaginable. This person clearly has no heart.

 

Imagine the situation if the boys were driving a bulldozer rather than bikes. They would not have been hurt, but the driver would have been. In that instance, very few people would criticize the driver for suing for her physical injuries or for the accompanying emotional trauma. So why is there a difference when the boys died in the accident? If they were negligent, they or their estates are liable.

And what's with the unsubstantiated allegation of DUI or texting. It is certainly defamatory, but even if it is proved to be false and maliciously made to inflame others against her, she has no recourse.

I'm not sure of the wisdom of her lawsuit, but I can't say it is frivolous. Sorry.

 

Emotional trauma is just one of those "deal with it" things. Not quantifiable like legitimate medical injuries are. Suing for millions over something like that is a buncha bs. She should get her car repaired and an apology from their parents if they're in the wrong. Maybe meet with them and talking to them about their loss would help her get over her trauma. Ridiculous anyone defends this behavior. Hope you get sued over some bullshit.