Jump to content
The Official Site of the Vancouver Canucks
Canucks Community

Driver sues estate of Ontario teen she struck, killed


hsedin33

Recommended Posts

http://www.ctvnews.ca/canada/driver-sues-estate-of-ontario-teen-she-struck-killed-1.1793813

Driver sues estate of Ontario teen she struck, killed

A woman who struck and killed an Ontario boy with her vehicle in 2012 is suing the estate of the dead teen for more than $1 million.

Brandon Majewski died after being struck by a vehicle on a road about 90 kilometres north of Toronto, while cycling with two friends during the early-morning hours of Oct. 28, 2012. He was 17.

Now the driver of that vehicle, Sharlene Simon, has launched a lawsuit against Majewski’s estate, as well as his two friends who were with him that night. She is also suing the County of Simcoe, where the incident occurred, for failing to maintain the road where Majewski was struck.

PHOTOS
image.jpg

Brandon Majewski is seen in this undated photo from Facebook.

According to the statement of claim, the lawsuit seeks $1.35 million in damages for the "great pain and suffering" Simon has endured since the incident. Simon's suit is a countersuit to one levelled against her by Majewski's family.

According to her lawyer, Michael Ellis, Simon has since been diagnosed with post-traumatic stress disorder and is no longer able to work. The statement of claim says that she suffers from headaches, depression, irritability, anxiety and severe emotional discomfort and trauma.

"She relives the terror of this incident every day. Ms. Simon has been unable to return to work since the collision. She has been diagnosed with post-traumatic stress disorder. She is also a victim," Ellis said in a statement.

The statement alleges that the three boys were not riding in a "prudent" manner, and were not "properly illuminated" on the night of the incident.

"An independent accident reconstruction completed by law enforcement officials found that there was nothing Ms. Simon could have done to avoid the collision," the statement said.

The lawyer representing Majewski's family said his clients were shocked to receive notice of the suit.

"In my 14 years of doing this, I've unfortunately represented far too many people who have lost children being hit by motorists, (and) I've never seen this," lawyer Brian Cameron told CTV News Channel. "I've never even heard of this … I was shocked when I got the claim."

Simon is seeking more than $1 million from the deceased 17-year-old's estate – which Cameron says the teen did not have.

"There's no money to be gained from suing Brandon…. he was a typical boy who may have owned a video-game system. He was just a normal kid," he said.

Cameron is representing Majewski's family in a separate lawsuit.

In that suit, Majewski's family is seeking a total of $900,000 in damages for the "emotional trauma and shock" of their son's death. In that suit, Simon, Simon's husband -- the owner of the car-- and the County of Simcoe are named as defendants.

None of the claims in either of the lawsuits have been proven in court.


Read more:http://www.ctvnews.ca/canada/driver-sues-estate-of-ontario-teen-she-struck-killed-1.1793813#ixzz308d5tsba

Link to comment
Share on other sites

that is so pathetic of the driver claiming to be so stressed they need to sue the family who lost their child for 1 million dollars just pathetic

not entirely the same situation but after getting hit by a car and being released from hospital i was served a jaywalking ticket at my house and the moron cop had the nerve to claim the mother and daughter were severely traumatized by the event they might of been but extremely stupid of the cop to say that to someone who had just been struck by a vehicle needing a cane to walk

Link to comment
Share on other sites

I saw this the other day and the story made me sick. i then read some of the comments on a News media facebook post of the story. I felt even sicker. Some people were actually defending this piece of human trash.

I hope this gets thrown out of court quick and the judge punishes her in some way.

Link to comment
Share on other sites

I saw this the other day and the story made me sick. i then read some of the comments on a News media facebook post of the story. I felt even sicker. Some people were actually defending this piece of human trash.

I hope this gets thrown out of court quick and the judge punishes her in some way.

Unreal.

Link to comment
Share on other sites

Can we restart the eugenics movement?

This is the problem with the court system nowadays... You can literally sue for anything. Clogs up the system and drains the cities' resources.

I guarantee the death threats will start soon (we've seen those for a LOT less), and she'll build it up like she's the bigger victim.

I think the father's notion that "kids have the right to make mistakes" is dumb beyond belief... Sometimes it's better to let one side do all the talking and make a fool of themselves.

Link to comment
Share on other sites

Even if it is true that she has not been able to return to work, wouldn't she still have the compassion to not bother the family of the victim?

She could just be countersuing. If it was truly judged she did not nothing wrong then she shouldn't be sued either.

Link to comment
Share on other sites

Please read the ENTIRE article because it is very misleading.

The woman is filing a COUNTER SUIT in response to the family of the dead kid's family suing her.

Cameron is representing Majewski's family in a separate lawsuit.

In that suit, Majewski's family is seeking a total of $900,000 in damages for the "emotional trauma and shock" of their son's death. In that suit, Simon, Simon's husband -- the owner of the car-- and the County of Simcoe are named as defendants.

The woman was not charged with any offenses and it clearly was an accident. There are two sides to the argument and people should considered that.

Link to comment
Share on other sites

Please read the ENTIRE article because it is very misleading.

The woman is filing a COUNTER SUIT in response to the family of the dead kid's family suing her.

The woman was not charged with any offenses and it clearly was an accident. There are two sides to the argument and people should considered that.

I was just going to bring this up

Basically she did nothing wrong and the Family sued her so she is filing a counter suit.

Link to comment
Share on other sites

then the woman can defend herself in court there is no reason to file a counter suit also didn't realize it went to court already and it's been decided if she in fact did nothing wrong

the reasons for the counter suit is still pathetic claiming to have headaches and emotional trauma bunch of bs

Link to comment
Share on other sites

Please read the ENTIRE article because it is very misleading.

The woman is filing a COUNTER SUIT in response to the family of the dead kid's family suing her.

The woman was not charged with any offenses and it clearly was an accident. There are two sides to the argument and people should considered that.

I was just going to bring this up

Basically she did nothing wrong and the Family sued her so she is filing a counter suit.

So you guys are saying that if at any time someone attempts to sue you for something, you should always file a counter-suit? Where is the logic in that? She could've simply gone and proved her innocence in court; I'd say the evidence (from what I've read) is largely in her favour.

I'm guessing her lawyer persuaded her to file this counter-suit, so maybe it's wrong to be too harsh on her; but still, it's absolutely insensitive to have taken such an action.

Link to comment
Share on other sites

So you guys are saying that if at any time someone attempts to sue you for something, you should always file a counter-suit? Where is the logic in that? She could've simply gone and proved her innocence in court; I'd say the evidence (from what I've read) is largely in her favour.

I'm not saying that at all just pointing it out to the people screaming for her head.

Link to comment
Share on other sites

I was just going to bring this up

Basically she did nothing wrong and the Family sued her so she is filing a counter suit.

If that's the case then fair enough.. it's easy to jump all over the woman for the way it is being portrayed but an accident is an accident - I can't imagine killing someone with my car - can't be an easy thing to live with at all. I understand the boy's family wanting to make someone pay but money isn't going to bring their son back.

Edit: and "defending yourself in court" is more expensive, complicated and emotionally draining than it seems at first-glance.

No winners in this situation.

Link to comment
Share on other sites

Even if it is true that she has not been able to return to work, wouldn't she still have the compassion to not bother the family of the victim?

Well if the family of the victim is suing her for a substantial amount of money even though it wasn't her fault, but the child who died's fault, then I can't say I have a problem with the lawsuit. Only time will tell who was at fault. Obviously if the lady who ran them over is deemed innocent, her case should be thrown out. The family however shouldn't be suing someone else if that person did nothing wrong.

From the minimal amount of information in this thread, it does say the cops support the driver in saying the children were responsible, not the driver

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...