A woman who struck three teens on bikes while driving her SUV, killing one and injuring the others, is now suing the deceased teen, his family, and the other two boys. She is claiming $1.35 million in damages for her psychological suffering.
The 17-year-old, Brandon Majewski, and his two friends went out for a bike ride at 1:30AM on the morning of the accident in Simcoe County, Ontario. "I know they should not have been out there that late," Brandon's father said. "But they are good kids."
The group was struck from behind by an SUV, killing Majewski and seriously injuring his friend Richard McLean, 16, who sustained a broken pelvis and other bones. His other friend, Jake Roberts, also 16, was knocked off of his bike but didn't sustain any serious injuries.
According to the Toronto Sun, Sharlene Simon, a mother of three and the driver of the SUV, is now suing Brandon — the dead 17-year-old boy — as well as Brandon's family and his two friends. She is also suing the county of Simcoe for failing to maintain the road.
"In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed," the family's lawyer, Brian Cameron, told the Sun. "It's beyond the pale. I just couldn't bring myself to tell them on the phone."
The parents were told in a face-to-face meeting on Tuesday. Brandon's mother, Venetta Mlynczyk, said:
"I'm devastated, I'm in shock. ... She killed my child and now she wants to profit from it? She says she's in pain? Tell her to look inside my head and she will see pain, she will see panic, she will see nightmares."
Simon is claiming $1.35 million in damages due to "depression, anxiety, irritability and post-traumatic stress."
The South Simcoe Police report shows that Simon admitted to driving at 90 km/h in an 80 km/h zone and also states that no breathalyzer was performed, "although police say no alcohol was suspected and no charges were laid."
The Sun states that the police report mentioned little of Simon's husband, a York Regional Police officer, who was driving behind his wife during the accident. He pulled over when the boys were struck and drove his wife home shortly after.
Cameron, the family's lawyer, has filed a lawsuit against Simon for medical and funeral costs on behalf of the boys and their families. He alleges that she was speeding and may have been intoxicated and talking on her cellphone.
"They did not apply their brakes properly," Simon's claim states. "They were incompetent bicyclists."
Neither party's allegations have been tested in court.
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