There is a truly shocking lawsuit that has been filed in Toronto in which Sharlene Simon, 42, is suing Brandon Majewski, 17, (left) despite the fact that he died in a terrible accident that also seriously injured his friend, Richard McLean, 16, and hurt Jake Roberts, 16. Simon struck the boys from behind in her SUV and she is now claiming emotional damages stemming from the fact that the boys were “incompetent bicyclists.” She is suing the boys, their families, the city, and even the brother of one of the boys in seeking $1.35 million. While we have seen a couple of truly despicable lawsuits, this one just may set a new low among bottom feeders.
The boys had set out late a night for hot dogs along a country road some 90 miles outside of Toronto. Simon hit Brandon at 90 km/h in an 80 km/h zone on the two-lane road. McLean suffered a broken pelvis and other bones and Roberts was knocked off his bike. Simon’s husband, a police officer, was following behind her car.
Simon is the mother of three and claims that she suffers from epression, anxiety, irritability and post-traumatic stress. It appears that the death of this boy was not enough. She is suing him, his family, and his friends.
She says that she did not see their reflectors and that they were negligent in peddling their bikes.
The family of Brandon are not only dealing with his death but his brother Devon, 23, who had just graduated as a paralegal, died in the aftermath o the accident. The family said that he was dealing with overwhelming grief and accidentally overdosed on pills mixed with alcohol in his bedroom.
The families are suing Simon for allegedly speeding and causing the accidents. They also suggest that she had been drinking but that police did not require that she take a breathalyzer and her officer husband drove her home. I could well understand this accident not being due to negligence by Simon. Indeed, police seemed to attribute the claim on the bicyclists.
What I cannot understand is how she could sue these families which are still struggling with such a devastating loss. Even if this was a move to force the dropping of any claim by Simon, I cannot imagine filing such a claim. None of the reports indicate the name of the lawyer who filed against these families, but things must be pretty tight for cases to justify this lawsuit. It is not a frivolous lawsuit in the sense such a claim is recognized in the context of an accident. It is heartless however and likely to produce many pain for the families than damages for Simon. Even if the boys were at fault, she appears to have been reportedly speeding and failed to see the reflectors. That does not make for a good case for recovery.
Source: Toronto Sun