Woman suing kid she killed with her SUV, and family.

[Brannigans Law]

http://www.calgarysun.com/2014/04/25...ad-boys-family

ALCONA - Still in the throes of agony from losing their son in a vehicle crash, the parents of young Brandon Majewski are now reeling after they learned the woman who struck and killed him is suing their dead child.

“I feel like someone kicked me in the stomach – I’m over the edge,” the dead boy’s father Derek Majewski said.

As he sits in his immaculate Alcona home sifting through piles of photographs of his son, the heartache shows on his face and he can hardly contain his tears as he speaks.

Just down the road, on the side of a quiet country stretch of Innisfil Beach Rd., is a memorial complete with a bicycle, flowers and photographs of his son Brandon.

Her husband, Jules Simon, a York Regional Police officer, was driving behind his wife that night, but little is mentioned about him as a witness in the police report. He pulled over when Brandon was struck, and shortly after both were allowed to go home. It was another witness who pulled over to tend to Brandon and called 911.

Two hours later, after Brandon lay dead in hospital from multiple traumatic injuries, police knocked on the door of his home.

The dogs began to bark. It was late.

“I knew,” says his father, and his voice breaks again. “I had a gut feeling.”

Therapy, medication, even booze, doesn’t dull the pain.

And then, six months after the funeral, he awoke to find his second son Devon, 23, who had just graduated as a paralegal, laying in his bed, blue and dead, after popping too many pills and drinking too many shots. Not an intended suicide, they are certain – he was just trying to stifle his grief.

“This has ripped our family apart,” says Majewski. “And now this woman has the gall to try to profit from our dead child she killed? Profit from another boy who was almost crippled?”

He flips again through the family photographs. Happy times of fishing, dirt biking, swimming, eating birthday cake, laughing. He chuckles for a moment when he remembers all the bikes his son rebuilt – sometimes he would sneak the parts right into his bedroom, and shine them till they gleamed. All another world away.

“This thing haunts us,” he says. “It will never stop haunting us.”

Cameron has launched a routine lawsuit against the driver, mainly for medical and funeral costs on behalf of the boys and their families. He alleges Simon was speeding and may have been intoxicated and talking on her cell phone.

“Sharlene Simon failed to take reasonable care to avoid a collision which she saw or should have seen was likely to occur,” his claim states. “She operated the motor vehicle while she was intoxicated.”

None of the allegations have been tested in court.

I kept checking the URl to make sure this wasn't a fake news story or a horrible, horrible joke. I'm honestly speechless. I think I'm actually in a bit of shock , I'm not mad, but I know I should be. I'm just that blown away someone could be this cruel and full of malice.

[burn_this_city]

Hopefully having her name is the papers will get her to back off. What a horrible person, hard to believe the level people will stoop.

[Tailgator]

This would fit right in to the "I don;t want to live on the planet" thread. What some people would do to try to make money....

Seems a little fishy that her husband, a cop, was following behind her, yet they were both allowed to leave with no breathalyzer? Red flags.......

[something]

Just to add,this is the rationale supporting the woman's lawsuit:

Now the driver of the SUV, Sharlene Simon, a mother of three, is suing the dead boy for the emotional trauma it 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.

Absolutely ####ing disgusting. I have nothing more to say.

[Jimmy Stang]

What a horrible, subhuman piece of #### of a woman.

[Mean Mr. Mustard]

If she was suing an insurance company that I could rationalize, being responsible for the death of a child would be horrifically difficult to deal with and I know that would cause me a great deal of distress. The fact that she is suing for 1.35 million dollars suggests to me that she is just a bit of a jerk and quite insensitive.

[TurdFerguson]

Just came to post this. Unfawking believable. Disgusting amounts of insensitivity and selfishness.

[scotty2hotty]

While deplorable, I strongly doubt she concocted this lawsuit out of thin air.

Reason #873 why I don't have even a modicum of respect for any lawyer I have ever met.

[Canehdianman]

I'm sure I'm in the minority, but I don't really see anything wrong with it.

Heck, the family of the boy is suing her. The paper hides that fact down near the bottom and plays it off as a "routine lawsuit".

I don't doubt killing someone with your vehicle is traumatic. If I had done it, and after I was cleared of any wrong-doing, the family of the boy sued me and alleged that I was drunk (with absolutely no evidence to support that fact), then I'd probably counter-sue as well.

[Cowboy89]

When I saw the headline of the thread I has a suspicion that the story is more complex.

Turns out the woman is being sued by the parents of the kid as well and being accused of possibly drinking and driving, texting and driving, and numerous other things despite there not being any documented evidence.

The suit could be in retaliation.


http://www.calgaryherald.com/news/na...606/story.html

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 Simon’s black SUV.

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 also confirmed that Simon, who acknowledged driving at about 90 km/h, above the 80 km/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.”

[Ped]

Originally Posted by Canehdianman

I'm sure I'm in the minority, but I don't really see anything wrong with it.

Heck, the family of the boy is suing her. The paper hides that fact down near the bottom and plays it off as a "routine lawsuit".

I don't doubt killing someone with you vehicle is traumatic. If I had done it, and after I was cleared of any wrong-doing, the family of the boy sued me and alleged that I was drunk (with absolutely no evidence to support that fact), then I'd probably counter-sue as well.

The initial lawsuit certainly sounds desperate - but that's what it is, a family who lost their son grasping at straws.

Still reprehensible to turn around and sue a family who lost their son because that death affects you. As bad as she may be traumatized, they surely are to a worse degree.

[Cowboy89]

Originally Posted by Canehdianman

I'm sure I'm in the minority, but I don't really see anything wrong with it.

Heck, the family of the boy is suing her. The paper hides that fact down near the bottom and plays it off as a "routine lawsuit".

I don't doubt killing someone with your vehicle is traumatic. If I had done it, and after I was cleared of any wrong-doing, the family of the boy sued me and alleged that I was drunk (with absolutely no evidence to support that fact), then I'd probably counter-sue as well.

Not only that, but apparently she took a roadside screening test that registered 'zero alcohol content in her blood stream.'

It could be entirely plausible that she was driving along doing nothing wrong - besides going 10 km/h over the speed limit , and accidently hit the kids cycling three abreast on the road while wearing dark clothing.

If it was me and that version was the truth, then I would be upset that the family was suing me for $900,000 and libeling me throughout the process. In that context it makes perfect sense to toss up a $1,000,000 countersuit.

[Joborule]

Originally Posted by Cowboy89

When I saw the headline of the thread I has a suspicion that the story is more complex than someone going for the

Turns out the woman is being sued by the parents of the kid as well and being accused of possibly drinking and driving, texting and driving, and numerous other things despite there not being any documented evidence.

The suit could in a retaliation to this suit.


http://www.calgaryherald.com/news/na...606/story.html

The title itself makes it look like the lady is one of the most deplorable people in the whole world, but considering this extra bit of information, there's more to the story than her just saying "remember when the accident killed your son? Yeah, I'm suing you guys for that."

[calgarygeologist]

Originally Posted by Cowboy89

When I saw the headline of the thread I has a suspicion that the story is more complex than someone going for the

Turns out the woman is being sued by the parents of the kid as well and being accused of possibly drinking and driving, texting and driving, and numerous other things despite there not being any documented evidence.

The suit could in a retaliation to this suit.

The driver is suing for $1.35 million which is pretty stupid and ridiculous. In a different article it states that her court documents claim, "Her enjoyment of life has been and will be lessened." Hopefully $1.35M will bring some enjoyment back into her life. I don't see this lawsuit going anywhere.

[Cowboy89]

Originally Posted by calgarygeologist

It says the family of the teen is suing for routine medical and funeral costs which I'm assuming is probably in the 10's of thousands of dollars.

The driver is suing for $1.35 million which is pretty stupid and ridiculous. In a different article it states that her court documents claim, "Her enjoyment of life has been and will be lessened." Hopefully $1.35M will bring some enjoyment back into her life. I don't see this lawsuit going anywhere.

Nope, they're suing for $900,000. Read the article I posted.

Majewski, Mlynczyk, their new partners and their children are also suing the Simons and Simcoe County for a total of $900,000. Their suit alleges Sharlene Simon was speeding, under the influence or texting at the time of the accident, and that Jules 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.

[calgarygeologist]

Originally Posted by Cowboy89

Nope, they're suing for $900,000. Read the article I posted.

I didn't see that part at the end of the Herald article nor did I see the amount in other articles.

[Canehdianman]

Its just a standard legal tactic. Someone launches a BS lawsuit at you, launch one back.

[Resolute 14]

Originally Posted by Cowboy89

Not only that, but apparently she took a roadside screening test that registered 'zero alcohol content in her blood stream.'

It could be entirely plausible that she was driving along doing nothing wrong - besides going 10 km/h over the speed limit , and accidently hit the kids cycling three abreast on the road while wearing dark clothing.

If it was me and that version was the truth, then I would be upset that the family was suing me for $900,000 and libeling me throughout the process. In that context it makes perfect sense to toss up a $1,000,000 countersuit.

Except for the part where she isn't making a charge of libel.

You can argue what you like about the family of the victim, but Sharlene Simon remains a despicable and utterly worthless excuse of a human being.

[Cowboy89]

Originally Posted by Resolute 14

Except for the part where she isn't making a charge of libel.

You can argue what you like about the family of the victim, but Sharlene Simon remains a despicable and utterly worthless excuse of a human being.

You must know more about her than the articles linked in this thread have indicated to make a definative judgement about her like that.

[Vulcan]

Originally Posted by Cowboy89

You must know more about her than the articles linked in this thread have indicated to make a definative judgement about her like that.

One other thing is that newspapers can screw up a story so bad sometimes it's hard to know what's going on. All I get is a boy is dead, which is sad news and the two parties are suing each other. Arriving at a conclusion of who is the bad guy, is stupid.