Monday, April 28, 2014

Driver Who Killed Boy Bicyclist Sues Victim/Family

About ten years ago, a young girl in NJ was seriously injured by a vehicle while crossing the road. As she hung on for life in the hospital (I think that she was in a coma), she was cited for jaywalking. On a local radio show, the host was noting the lack of empathy on the part of the police. A caller to the show stated that the driver was also a victim in this tragedy (which in this particular case appeared to be true) and then went on to claim that the child should be punished so that the guilt of the driver would be lessened.

To this day, I have never gotten over the utter pride, lack of shame, and cold-hardheartedness of the caller.

In the recent case of the 17 year-old bicyclist who was struck and killed by a driver, who went on to sue the victim/his family for civil damages, I assume that her primary motive is to obtain leverage as the victim's family is understandably suing her, but I can't help but note the similarity in an attitude that lacks any empathy.

"ALCONA, ONT. - 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. “Sometimes, it makes my blood boil.”.......

Brandon was struck from behind by an SUV and killed while his friend Richard McLean, 16, was seriously injured with a broken pelvis and other bones. His other pal Jake Roberts, 16, was knocked off his bike but sustained only scratches.

Now the driver of the SUV, Sharlene Simon, 42, a mother of three, formerly from Innisfil, is suing the dead boy for the emotional trauma she says she has suffered. 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.
Even the family’s lawyer is in shock.

“In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed,” Barrie lawyer Brian Cameron said. “It’s beyond the pale. I just couldn’t bring myself to tell them on the phone.”

After a face-to-face meeting Tuesday, the parents and step-parents left his office almost staggering in disbelief............................

“It blows my mind,” Brandon’s step-mom, Lisa Tessier, said. “We are all devastated. This is so cruel.”

In a statement of claim filed with the court, Simon is claiming $1.35 million in damages due to her psychological suffering, including depression, anxiety, irritability and post-traumatic stress. She blames the boys for negligence.

“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

Simon’s lawyer did not respond to a request for comment from the Toronto Sun Friday.

Brandon’s father shakes his head.

“They’re kids!” he gasps. “And they have a right to make mistakes ... it was a wet, dark road — what about slowing down?”

He insists the reflectors on the bikes would have been visible.

A South Simcoe Police report shows Simon admitted that she was driving at 90 km/h in an 80 km/h zone on the two-lane road.[About 5 MPH]  She claims she didn’t see the boys or any of the orange-red pedal reflectors. The impact of the collision cracked the windshield of her SUV, dented the bumper, a headlight was busted, the roof where Brandon hit was dented and scratched and a side mirror dangled by its wires..........................

“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?”

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

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