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
Oh I’m sorry that was to Paul.
No Nick, Jon did not leave me in charge. I have said that anytime a guest blogger is bashed I will step up.
Paul ,
I think Jon has already said give it a rest. Elaine is an excellent guest blogger. Stop the blasting like you did yesterday when the professor was here. Just because he’s not here does not mean he’s not watching. Quit making your comments personal, I know what you’re trying to do. With Elaine, it won’t work.
Keebler – did Jonathan leave you in charge? I am only asking because of comments you made last week.
One last thought, when one commenter jumps in to defend another commenter that is their prerogative and no one has the authority to tell them not to. My experience is that decent people don’t stand by and watch other people get abused. I won’t say anymore on this, as I don’t want to enter a tit for tat, but feel strongly that here is some abuse of female commenters going on here and it shouldn’t be tolerated or ignored.
Paul, where does it say that Elaine must write her blogposts as YOU see fit? Why would you think that your preferences should influence the way any GBer or commenter here communicates as long as its civil? I’m seriously curious why anyone thinks they have such authority here. I hope Professor Turley weighs in on this, these attacks on Elaine are unfair, IMO.
Annie – for goodness sake, don’t play the victim card. You know me well enough that I comment equally on all GBers. And as a commentor, I think I should have the right to comment on the quality and quantity of a person’s comments. When someone has done well, I thank them. When they do not, then I want to know why.
Jonolon, hopefully Professor Turley’s blog can set an example as to how to run an excellent blog, think? Maybe it’s a joint endeavor. Maybe. So call me Pollyanna.
@ Nick Spinelli
Ah! OK, then. I didn’t know that. I assumed it was SOP across the board.
@ Annie
Never going to happen. The internet is a bridge between people and under bridges there are trolls. LOL And tattlers and narc who try to get them and others banned. It’s just how it is and how it shall always be.
Perhaps we could stop calling other commenters “trolls” too? 😕
http://jonathanturley.org/2014/04/28/ohio-suv-driver-hits-and-kills-teenager-on-bike-injures-two-friends-then-sues-the-dead-boy-his-friends-and-his-family/#comment-1055724
Paul commented: “Few of us have the obsession Elaine has with links.”
Now, I wouldn’t call it an “obsession”. And it does seem that the poster personalized his remark, and in a not very nice way.
Many of us find the links supplied by other posters to be very helpful and informative. If one doesn’t like the comments (or links), one can simply use the scroll bar, as others have suggested.
Paul I fail to understand the need for the dig at Elaine because she has links. There is a limit on links in comments but they reinforce the arguments or points of posters. I do not think if is necessary or productive to call her use of links an “obsession.” That adds nothing to the substance of this discussion and personalizes your points unnecessarily. We just ended a couple days of personal digs and deletions and we have been enjoying a pretty civil and substantive discussion of these issues. Thanks.
the other anon – Elaine is quite capable of defender herself. And who is ‘the other anon’ to be the civility police?
Annie – some commentors, by definition, are trolling.
Jonathan – she does drop them like leaves from a tree in fall. And they all basically say the same thing. You go to respond to someone and then she has downloaded/uploaded two or three more (and she has excerpts from each) so you have to swim upstream to find the comment you were going to comment on again.
It is not like Elaine is unaware of how I feel about this technique, which she has not done the last couple of days since you have been active. She and I have discussed it along with the use of certain sources.
Paul, I am flying to Chicago and I would appreciate it if you would drop the personal observations about Elaine and other posters. Elaine has every right as do other posters to add links to their posts. I have no idea why you insist on returning to this issue. I am really not interested in Elaine’s use of links or your view on the use of links. We all want to discuss the uses. If you believe that sources are flawed, you can state that but, as you know, we have strived to focus on positions and not posters at this blog. I would really appreciate your cooperation.
jonolan, In personal injury/auto cases it is not the norm.
While shocking in its details, isn’t claim & counterclaim something close to norm in such tort cases? They sue her, she returns suit for similar amounts of damages. Isn’t that just the realpolitik of tort law?
We can only hope a drunk driver takes her out.
Anytime, any chance are you going to change the title to Toronto rather than Ohio?
Paranoia has been the operative word since the 2 new trolls got here. I’m the one putting myself out there for chrissake!
Paul is the only person who should be using that email. READ!!
People be wary once your email IP address you can be traced with a certain footage of where you use it. If anyone decides please use a VPN or ghosting. Just because someone gives you an email address and you respond, they can control the contents of your computer. Just be wary.
Paul your notion that some people don’t post links because of the reasons you give is shortsighted, while that may be true some of the time it is most certainly not true MOST of the time. If you don’t have the time to properly substantiate your assertions, and just assert ipse dixit style, don’t expect to be taken seriously.
Annie – many people on here do it. Few of us have the obsession Elaine has with links.
keebler – NSA already knows where I live and probably already control my computer. Anyone new will have to go one on one with the government.
Paul, I have seen this MO previously. There are some things you need to know before this conversation goes further. My email is ndspinelli@hotmail.com I give it out w/ trepidations but there is stuff you REALLY need to know before you get into a trick bag. I DO NOT want ANYONE but Paul Schulte to email me. This needs to be done offline so as to not violate any rules but it is important for you.
Annie,
Probably RIL on one side.
Do you wear Ipse Dixt brand diapers?