Home • Crime • Woman Who Hit and Killed Teen Suing Dead Kid’s Family for $1 Million Claiming ‘Emotional Trauma’ (Video)

Woman Who Hit and Killed Teen Suing Dead Kid’s Family for $1 Million Claiming ‘Emotional Trauma’ (Video)

Posted by: John Prager in Crime, Human Interest April 27, 2014

The driver of an SUV who hit and killed a bicycling teenager from behind is suing the boy’s family for more than $1 million–wait–what’s that? The driver is suing the family of her victim?

The driver, Sharlene Simon, claims that the accident caused her “great pain and suffering” and accuses her victims, teenager Brandon Majewski, and his two friends injured by her driving, Richard McLean (who broke his pelvis) and Jake Roberts (who was knocked from his bike), of negligence in a suit filed in an Ontario, Canada court. The lawsuit claims that Simon “sustained and will sustain great pain and suffering her enjoyment of life has been and will be lessened”

Simon, who was speeding and may have been intoxicated and talking on her cell phone, calls the trio “incompetent bicyclists.” In the suit, she claims that they “did not apply their brakes properly.” Simon has asked for $1.35 million in damages for the psychological suffering, depression, anxiety and post-traumatic stress she claims she has suffered since the accident.

She is also suing the county where the crash happened for failing to maintain the road, and is seeking damaged from Brandon’s parents, Derek Majewski and Venetta Mlynczyk.

Majewski and friends had been riding along a road near his home in Alcona at 1:30 a.m. on October 28, 2012 as they returned from a coffee shop when Simon struck them from behind.

“I’m devastated, I’m in shock,” Ms Mlynczyk told the Toronto Sun. “She killed my child and now she wants to profit from it? She says she’s in pain?” She added, “Tell her to look inside my head and she will see pain, she will see panic, she will see nightmares.”

Brian Cameron, the family’s lawyer, was so upset by the news he could not bear to tell them in person. “I have never seen anyone ever sue a child that they killed. It’s beyond the pale. I just couldn’t bring myself to tell them.”

Michael Ellis, Simon’s lawyer, told Mail Online that, “Ms. Simon empathizes with families of the young cyclists for the losses they have sustained as a result of the accident, but she too has been harmed by this event,” adding, “She relives the terror of this incident every day.” He says that the teenagers are to blame for the accident–that their bikes were not properly illuminated and that they were not riding in a “careful and prudent manner.”

“While everyone should feel sympathy and compassion for the families of the cyclists, we must also remember that there is another family who is hurting as well,” Ellis said.

Brandon’s father said that the bikes were all fitted with reflectors that would have been visible, and rejects the notion that his son had been negligent. “They’re kids. They have the right to make mistakes.”

The lawsuit adds to the family’s grief, having lost Brandon’s brother to pills and alcohol. They don’t believe he was attempting to take his own life–just to deal with his grief. “This has ripped our family apart,’ Mr. Majewski said, ”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?”

Cameron has filed a routine lawsuit against Simon, attempting to recoup medical and funeral costs on behalf of victims and their families. He said that “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.”

She was not breathalyzed at the scene of the accident, however.

About John Prager

John Prager is an unfortunate Liberal soul who lives uncomfortably in the middle of a Conservative hellscape and likes to refer to himself as an "island of reason in a sea of insanity." While he is not a fan of politicians, period, he has developed a deep-seated hatred for the bigotry, fear mongering, and lies of the Right Wing. John also works as a counselor at one of Barry Soetoro's FEMA re-education camps and as a HAARP weather control coordinator. John's life's aspiration is to rule the world with an iron fist, or find that sock he's been looking for. John can be reached at [email protected] if you have any questions or comments.

http://gravatar.com/roadworker roadworker

Reading about this indecency has ruined my afternoon. I am looking for someone to sue, for my loss of calm.
JL Hood

Probably represented by a democrat plaintiff’s personal injury lawyer
- James
  
  Money-grubbing? Causing pain and suffering to others, then profiting from it? That’s Republican modus operandi.
  - Josh
    
    What do you call taking money from people that work for a living and giving it to people who sit on their asses for a living?
    
    Thats far from republican, kthx.
    
    p.s. rather than bringing politics into it, you could have called it what it is. The lady is obvoiusly a sociopath/psychopath for trying to put their family through that.
You have to wonder

Another part of the story that some have read is 1) her husband who is a police officer was following behind her and promptly ushered into his own car.
2) Passengers in another car that were possible witnesses were held up until approx. 5 a.m. with questions but the lady that hit the kids was allowed to be taken home very quickly by her Officer husband without so much as a breathalyzer.
3) If these statements are true, makes me go hmmmmmmmmmm.
eddie powell

Where I live, the law would automatically place her in fault. Once I thought that our following to close law and failure to yield law was sometime a very wrong law. Taking all the subjectivity away, bumper riding usually gets someone injuried or killed and can never be justified under any conditions. Our state law say at least 5 car lengths behind. This even gives an intoxicated individual time to think and brake if mind is not occupied. One is not going to say what state of mind this lady was in at the time, but, one has to have her delusional mindset to agree with her actions after taking a young life in the manner she did. A good lawyering move but a cold hearted and cold bloodied mindsets to find any self-centered justification for pointing the blame. She never denied that she was not following to close. Especially being close enough to determine that pedal bikes don’t have brake lights. Only an intoxicated mind would even venture to make a statement like she did. Then too, this is the state of some mindsets in these days and times….
http://Himln.com Angie

How does she make claim they were bicycling negligently and in same breath say she couldn’t see them? What a horrible, horrible person. They should counter-sue her for adding to their stress and grief. What a tragedy within a tragedy.
http://gravatar.com/warriorhawkwolf opalwolf

Is the driver of the car the daughter of Toronto Mayor Rob Ford ? Beyond outrageous.
Bob K

The judge needs to issue sanctions against her, which would entail dismissing the suit and making her pay all the defendant’s expenses. Then he should advise the family to file wrongful death charges against her and take everything she owns down to her most tattered shirt.
- Denise Lynn Gzz
  
  Right on Bob K.
- CS
  
  totally agree with Bob K. She should be stripped of all her property. Pay for damages to all families. Then sued for wrongful death. Then stripped of her freedom for the rest of her life. Drunk driving , talking on the cell phone and speeding and she blames the kids. Another level of stupid I never imagined.
http://twitter.com/ILpoliticsjunke IL Political Junkie (@ILpoliticsjunke)

While I agree this lawsuit is dumb, stupid, and should be thrown out…there is no proof this person was drinking. That is all.
Dracoen

I notice the story doesn’t mention whom was found at fault for the accident.
- Josh
  
  Not sure about canada, but here in seattle is ALWAYS the motorists fault if they hit a pedestrian.
Bethany

Wait, wait, wait:

“In the suit, she claims that they ‘did not apply their brakes properly.’ … as they returned from a coffee shop when Simon struck them from behind.”

So she hit them from behind, and is saying it’s their fault because they didn’t brake? Seems to me if they had braked, the two kids who survived probably would’ve died, too, because they would’ve been stopped when she hit them.

Obviously she was drunk when she filed suit. Or her attorney was. Or both.
Ann Delicath

I lived in Brazil back in the late ’50s and early ’60s and an “entitled” Brazilian’s chauffeur driven limonene hit and killed a little boy. That Mr. Entitled sued the family for damage to his car. Most Brazilians found this despicable.
http://astortoons.com Astorix

His is just beyond the pale. She is on her way to becoming the most hated woman in Canada,
http://gravatar.com/kfreed kfreed

So why isn’t this woman in jail? That would fix her attitude problem in a hurry.
Andrew

this is a perfect candidate to run for a seat in the house or senate for a teapartier
Ramil

I have mixed feelings to this… What if the woman is right? What if the kids were riding dangerously? I have seen many people on cycles and motorcycles ride very bad and f they are hit, they blame the motor vehicle drivers. Not every case is like that but I have seen bad riders. (In Full disclosure – I am a cyclist and a motor cycle rider also. and I do believe that people riding these have a bigger responsibility to be extra careful on the road)…

On the other hand, Suing someone is a wrong thing. Accident happened. Maybe it was the kids’ fault. They lost their lives. The woman retained her life. She needs to move on and forgive the kids if it was their mistake and ask for forgiveness from the kids and their family and thank God (or Science if she is Atheist) that she didnt get injured and is not in jail… Enjoy what she has and move on..
- http://gravatar.com/thehummelr thehummelr
  
  Anything is possible, I guess. However, I always assume that a kid on a bicycle could do anything and slow down accordingly. My guess is that this woman’s lawyer fells the best defense is an offense. Hopefully, the court will sort out the facts and come to the correct conclusion.
- Chris
  
  Why it’s called drive defensively. Get your ass off the f#%%ing cell phone and pay attention to your driving. Also don’t drive under the influence.
- Leah
  
  I don’t care what they did. She was operating a vehicle while under the influence and not being attentive by using her cell phone. She came up behind them and ran them over. I wonder how fast you and two friends could move off the road if a drunk came up from behind and ended your life?
- Cat
  
  I guess she is not in jail because it wasn’t proved that she was under the influence. I still believe that bicyclist is NEVER wrong. He is driving a little bike and he would be the one that would be in danger in possible impact. It is ALWAYS the car driver responsibility to be careful. There are freeways where bikes are not allowed. In the all the other place be extremely careful. I know sometimes bicyclists are irritating but it doesn’t give anybody rights to kill people. Driving behind a bicyclist I always assume that the bicyclist can do something wrong and I always give myself enough space to stop. Even on a freeway when I see a motorcyclist, that definitely has better ability to maneuver, I am extra careful. I believe even in the rules there was something about being extra careful driving in the area with kids or bicyclists or even motorcyclist. If she wasn’t under the influence or on the cellphone or didn’t do anything wrong (like speeding etc) she couldn’t be legally accused for killing this boy. But it always will be her moral responsibility to avoid accidents like this. She should train herself to be a better driver.
  - https://www.facebook.com/martindeansloan MartinDean Sloan
    
    A bicyclist is never WRONG? UH well that’s a very very entitled thing to say don’t you think? So, if a Bicycle runs a stop sign and gets hit by a car who’s fault is that? If a Bicyclist runs a red light and get’s hit by a car who’s at fault? If a bicyclist veers into a freeway without signalling or looking for traffic and get’s hit who’s at fault? I do not agree with that statement at all and all traffic laws must be obeyed by all vehicles. If you are using the road you must obey the laws. I have had too many bicyclists disobey my direct orders because they do not believe they have to obey the laws of the road because they do not have a motor attached to the frame of their vehicle. Pedestrians trying to enter roadways and construction sites without permission to go are another problem. NO ONE is allowed to disobey the law or a Flagger!! If you do you have entered into your own destiny and you may get killed. Snottiest people are usually the most suited bicyclists and kids who just don’t get it also, people who drive expensive cars. Those that get snotty just don’t understand that Flaggers are just keeping them safe from either running head long into traffic coming their way or equipment way too big to dodge if they get in way and it can’t see them or move or stop in time to keep from killing them or simply removing/moving materials or things that could kill them in a heart beat if it falls without control…
    - Daniel
      
      Neither of you are correct in your argument. In any demographic (drivers, cyclists, etc.) the majority of folks will be rule-abiding, but there will always be some that are aggressive, reckless, etc. Using a minority of offenders to support an absolute position is flawed.
      
      Drivers are not always at fault. What is true is cars are much more dangerous because they generally travel faster, are heavier, and rely on an operator with more impaired line of sight and less ability to react quickly. The cyclist will almost certainly fare worse in a car-bike collision.
      
      Breaking the law makes you at fault – in the eyes of the law. But following the law is not certain to protect you. Take rear-ending for instance: The law puts fault to the car behind in majority of cases. Moreover, for cyclists and cars both, there is often ignorance for the laws. When in doubt, a little common sense and respect is the best course of action.
      
      Also, consider the bias towards automobiles. Since most American cities see the majority of their trips made in a car, other modes of transportation are typically underrepresented in terms of infrastructure investment. I can’t prove that people want to drive less, but for myself and I’m sure for many others, lack of safe alternatives is a major factor. This is where one can draw the conclusion that these minority modes should receive prioritization.
      
      To sum it up, always be careful, always follow the laws to your best knowledge and ability. But above all, be a little more humble.
elmo

Frack her !
http://jade4142.wordpress.com jade4142

A friend of my parents’ struck and killed a 5 year old boy who literally ran out from between two parked cars and right in front of hers. There were no brake skid marks because she had already hit him before she saw him. She had a nervous breakdown and her six children were taken in by various families; my parents took the baby. Every year, that boy’s family buys half of the city newspaper’s front page and in banner type reminds the city that on x day in x year, so and so killed their son by simply running him over instead of even trying to stop. Never mind that the police found her story to be the right one; she could not have avoided hitting him when he appeared on the street. She could publish every year that they weren’t watching their son and it was their fault, but she doesn’t. She still subscribes to the paper and every year sees the ad. I don’t know all the details of her mental health recovery, but I do know that the six children never went home, so it could not have been a complete recovery. The revenge of the perpetrators in that case has always appalled me. Your five year old darts out between two cars and is hit by the bumper of the car he runs in front of, and you say it’s the driver’s fault?

This case, however, has replaced that one in my appalled file. It’s the kids’ fault for getting hit? They traumatized you? You killed one child and probably permanently affected the gait of another, and you’re the injured party? What about the trauma of the two kids who survived, who upon the ending of the “accident’ no doubt realized that their friend was dead? What about the parents who loved him? I think if this case is not thrown out by the court, the parents of all three kids should counter sue for multiple millions and let the jury sort it out. I know what I’d do if I were on that jury. The woman who hit the kids would get a whopping big bill to pay and her attorney would be reported and hopefully lose his license to practice. This is simply beyond sanity.
- http://www.facebook.com/scott.fecher wut
  
  I agree with everything you said except about the attorney being reported and losing his license. I see no grounds for accusing him of unprofessional or unethical conduct. Lawyers are obligated to defend their clients to the fullest extent of the law.
  - http://gravatar.com/thehummelr thehummelr
    
    Right on. We should all know this as John Adams showed us that every defendant needs to have competent representation and they should not be held for their defense of any client. We are currently seeing this type of “Tar and Feathering” of lawyers who are candidates for public office.
  - Leah
    
    Defense is one thing, but filing a lawsuit is going on the “offense.” Filing frivolous lawsuits should have consequences.
- Bob K
  
  I was once threatened by a family for hitting a girl who shot out of an alley without slowing down and checking for traffic. But the police testified that my dirty work vehicle had absolutely no sign of contact and that the girl had freaked out and dropped off the bike herself. There was a van parked at the corner of the alley and neither f us saw each other, but I was driving slowly because of that, and even if I had hit her the injuries she suffered wouldn’t be bad. As it was she only had a scraped palm where she had put out her hand to catch herself. BTW, the girl was 17, not 7, and should have known better.
https://plus.google.com/113767536787137322017 Clell Harmon

Time, I think, to beat her bastard lawyer to death. Followed by the Judge who didn’t throw this crap out as soon as it was submitted.
- http://daksden.wordpress.com dakotahgeo
  
  I would definitely second your motion. People today have gone off the deep end psychologically! This story beats anything I’ve EVER seen/read before!
- http://gravatar.com/thehummelr thehummelr
  
  Totally inappropriate as well as just plain wrong.