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Witness haunted by tragic bike accident [Further to story of woman suing dead boy's family]
Toronto Sun ^ | APRIL 27, 2014 | TRACY MCLAUGHLIN

Posted on 04/27/2014 5:22:00 PM PDT by rickmichaels

Original story here

INNISFIL - A woman who held Brandon Majewski’s hand in his last dying seconds after he was struck and killed by an SUV says she will never forget that night.

“It’s not a memory I will ever forget,” said Melanie Lachance, 36, a school teacher who works in Vaughan.

Brandon, 17, and his two friends were out riding their bikes on the dark stretch of Innisfil Beach Rd. after 1 a.m Oct. 28, 2012. Brandon’s friend was seriously injured while another sustained only scratches. Police say they were riding side-by-side on the road.

Lachance remembers pulling over and seeing the red glint of bicycle reflectors from the busted bicycles in the ditch. She spotted one boy moaning in the ditch and her husband rushed to him. Another boy was panicked but unharmed, she said.

Then she spotted Brandon, laying in the middle of the road.

“He was right in the line of oncoming traffic … I held his hand, but there was nothing I could do,” Lachance said. “He took some gasping breaths. It hits you even harder later on.”

She says she recalls the driver’s “husband” suddenly appeared frantic at the side of the road and asked her their location so he could call police. She told him and he walked back to his wife’s vehicle.

“Then he was gone,” Lachance said. “I never saw him again.”

Alone, she attempted CPR but someone else with more expertise arrived and took over.

One thing continues to trouble her, she said, is why she and other witnesses were forced to remain at the scene for hours, until 5:30 a.m., as police conducted their investigation, while the driver of the vehicle and her husband were allowed to go home.

“That never sat right with us,” Lachance said. “It was very troubling … we always wondered why.”

The lawyer representing Brandon’s family who is now being sued by the driver is also looking for answers.

“Some things about the case aren’t making sense right now,” says Barrie lawyer Brian Cameron. “We are looking for answers so this family can find some peace.”

Brandon’s family remains confounded over why the woman who struck and killed him believes she is the one who should be financially compensated for killing their son.

Brandon’s estate, and his two friends, are all being sued by the driver, Sharlene Simon, formerly of Innisfil, for $1.35 million for emotional trauma she says she has suffered.

Even more confusing Cameron said, is the fact that the woman’s husband, Jules Simon, a York Regional Police officer, is also suing for $100,000 for damages and expenses incurred because of his wife’s suffering.

According to the police report and court documents, Jules Simon was following his wife in another vehicle the night of tragedy. But Cameron doesn’t know why he was following her, or where they were coming from.

“These are questions I’m hoping I can find answers to,” Cameron said.

The police report also states alcohol is not suspected and that Simon admitted to driving at 90 km/h in an 80 km/h zone. No charges were ever laid.

“The point is this family is suffering and no amount of money can bring Brandon back,” Cameron said. “But shedding some light on these questions will help bring closure for this family.”


TOPICS: Miscellaneous
KEYWORDS:

1 posted on 04/27/2014 5:22:01 PM PDT by rickmichaels
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To: rickmichaels

Not saying that this is a brilliant legal strategy, but what’s not too prominent in the article is this is not a stand-alone suit, but a counter-claim in the negligence suit brought against the woman who hit the kids on their bikes. In the hope, I gather, of increased leverage so as to lessen the amount that the woman would pay in a possible settlement.


2 posted on 04/27/2014 5:26:00 PM PDT by BCrago66
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To: BCrago66
Where does it say in the article that the woman (who hit the kid) is being sued by his family? I only see where she and her husband are suing the kid's family.

Also, why was this woman and her husband (a cop) allowed to leave the scene right away? Were they covering up a DUI?

3 posted on 04/27/2014 5:33:01 PM PDT by SamAdams76
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To: rickmichaels
Dark, raining, 1:30 am riding side-by-side on the road.
4 posted on 04/27/2014 5:36:16 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: BenLurkin
Dark, raining, 1:30 am riding side-by-side on the road.

That's what I got out of this article as well. I'm sorry for the kid but, this kind of reckless behavior by bikeists goes on all the time. I'm surprised there aren't more fatalities than there are.

5 posted on 04/27/2014 5:50:11 PM PDT by SunTzuWu
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To: BenLurkin

I believe that the riding of bicycles on major thoroughfares after dark should be prohibited.

There is no way to compensate for the bizarre actions of cyclists in such situations.


6 posted on 04/27/2014 5:51:41 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: BenLurkin

There is the old saying that nothing good happens after midnight.


7 posted on 04/27/2014 5:59:04 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: rickmichaels

I thought I would get in before the “They were riding bicycles so they deserved what they got” posts showed up, but I see I am already too late.


8 posted on 04/27/2014 6:07:29 PM PDT by Chuckster (The longer I live the less I care about what you think.)
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To: Chuckster

hehe

Common law recognizes a ‘right of way’. On this topic all the Constitution-loving, common-law-referencing he-men get amnesia and demand government action to get the inconvenient out of the way.


9 posted on 04/27/2014 6:13:06 PM PDT by jjotto ("Ya could look it up!")
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To: BCrago66

“...this is not a stand-alone suit, but a counter-claim in the negligence suit brought against the woman who hit the kids on their bikes.”

Thanks for that detail which hasn’t made it through the “buzz” of the headline on this.

Still, it’s pretty loathsome and no, it makes no sense that the driver(s) were allowed to leave while witnesses were detained.


10 posted on 04/27/2014 6:14:54 PM PDT by jocon307
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To: rickmichaels

In 1997, a drunk woman’s little dog got tangled up under her brake pedal and she ran over and killed one of my best biker friends.

She successfully sued his family for her ‘mental anguish’.


11 posted on 04/27/2014 6:18:15 PM PDT by Salamander (Minstrel In The Gallery)
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To: rickmichaels

“Even more confusing Cameron said, is the fact that the woman’s husband, Jules Simon, a York Regional Police officer, is also suing for $100,000 for damages and expenses incurred because of his wife’s suffering.”

This I do believe is lawyer code for “Not getting any sex.”.


12 posted on 04/27/2014 6:30:01 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: Salamander

how is that even possible?


13 posted on 04/27/2014 7:39:46 PM PDT by Girlene (Hey, NSA!)
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To: BCrago66

I read the story and thought, ‘there must be some important relevant details missing here. You just explained it. Sleazy reporting here.

BTW, where the husband and wife were going is not relevant.


14 posted on 04/27/2014 7:56:55 PM PDT by cuban leaf
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To: SamAdams76

Where does it say in the article that the woman (who hit the kid) is being sued by his family?


Yeah. If it is happening, it is as overtly missing as Zimmerman’s head was in those ABC videos where they moved their logo up high to hide it.


15 posted on 04/27/2014 7:58:18 PM PDT by cuban leaf
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To: Chuckster

“They were riding bicycles so they deserved what they got


You are reading too much between the lines. Nobody is saying they deserved it. What is being implied pretty clearly is that they bear responsibility for it.


16 posted on 04/27/2014 7:59:29 PM PDT by cuban leaf
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To: SunTzuWu

Where do you live that cyclists ride in the rain after midnight “all the time”?


17 posted on 04/27/2014 8:05:45 PM PDT by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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To: rickmichaels

cops let the cop and his wife go...
then the cops say “riding side by side”... cops are not witnesses.. there were no witnesses other than those involved. so the cops take the cop’S wife’s story.. BAD ODOR WAFTING FROM THIS STORY....
the husband and wife left the scene..cops covering for a cop’s wife. she hit 3, and killed one of them.. now that’s a FACT.


18 posted on 04/27/2014 8:10:15 PM PDT by zzwhale
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To: rickmichaels

The lawyers will get rich.


19 posted on 04/27/2014 8:20:25 PM PDT by cloudmountain
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To: Girlene

I have *no* idea how.

She totally beggared the guy’s widow who wound up losing her home.

Ironically, I ended up with nasty PTSD, having watched it all, even though I can’t consciously remember it.
[but when I sleep....]

Maybe I should’ve sued her and the widower of the *other* biker the woman hit, too.

[yeah, right]

It’s a twisted world.


20 posted on 04/27/2014 8:31:41 PM PDT by Salamander (Minstrel In The Gallery)
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To: BenLurkin

But if he was wearing a helmet, you know, he wouldn’t have been killed./sarc

Poorly written article, BTW. I felt like the story changed 3 times here.


21 posted on 04/27/2014 8:36:08 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: SamAdams76; BCrago66

More at this link: http://toronto.ctvnews.ca/driver-sues-estate-of-ontario-teen-she-struck-killed-1.1793813

“According to the statement of claim, the lawsuit seeks $1.35 million in damages for the “great pain and suffering” Simon has endured since the incident. Simon’s suit is a countersuit to one levelled against her by Majewski’s family.”


22 posted on 04/27/2014 8:37:19 PM PDT by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: rickmichaels

1:30 in the morning? No lights on the bikes? Sorry, the kids should be inbed at 1:30.


23 posted on 04/27/2014 8:49:10 PM PDT by ExCTCitizen (I'm ExCTCitizen and I approve this reply. If it does offend Libs, I'm NOT sorry...)
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To: BCrago66
Not saying that this is a brilliant legal strategy, but what’s not too prominent in the article is this is not a stand-alone suit, but a counter-claim in the negligence suit brought against the woman who hit the kids on their bikes. In the hope, I gather, of increased leverage so as to lessen the amount that the woman would pay in a possible settlement.

The kid's dead...the driver's "traumatized".Unless the kid did something so stupid that the driver couldn't reasonably be expected to have avoided him I say the driver pays *and* does time.And that she does *additional* time for filing a fraudulent lawsuit.

24 posted on 04/27/2014 8:52:15 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: al_c

Reread my post and look at what I highlighted in bold.


25 posted on 04/28/2014 4:07:33 AM PDT by SunTzuWu
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To: SunTzuWu; BenLurkin; SamAdams76

This is a counter to a suit from the boys parents (or a counterclaim inside the original suit) , the bike the kid is pictured with in the original article has a gasoline engine attached and is likely capable of 35-50mph , has no front brake (rear not visible) and likely only a rear coaster brake on the rear wheel , and NO LIGHTS or reflectors visible from the front and likely not much visible from the rear .. at high speed you can bet he was not on the side of the road ... I’m calling it as I see it ,, stupid kid doing stupid kid stuff ,, the woman who hit him might have been slightly to blame but this is mostly on the kid(s).


26 posted on 04/28/2014 4:13:37 AM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: SunTzuWu

http://www.bicyclelaw.com/road-rights/a.cfm/road-rights-two-by-two


27 posted on 04/28/2014 4:31:12 AM PDT by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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To: jjotto
On this topic all the Constitution-loving, common-law-referencing he-men get amnesia and demand government action to get the inconvenient out of the way.

Well put. I bet we see some comments to confirm your (and my) beliefs.

28 posted on 04/28/2014 4:36:35 AM PDT by raybbr (Obamacare needs a death panel.)
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To: Salamander

How very sad. That IS twisted. I would hate to be her when her judgement day comes.


29 posted on 04/28/2014 5:54:09 AM PDT by Girlene (Hey, NSA!)
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To: Salamander
The guy who hit and killed our 18 year old son,broadsided him in an intersection, had his lawyer write us a letter asking us to buy him another car because his was totaled.

Oh yeah,he said his arm still hurt a month later.

We wrote him back and said NO to the car, sorry about the arm and our son was still dead.

30 posted on 04/28/2014 6:05:33 AM PDT by Ditter
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To: Girlene

The really crazy thing is that I gave her my dog’s leash that I had in my car because her little dog that got tangled in her brakes was running loose at the accident scene.

Never said thanks.

Never gave it back.

It was as if she viewed us all as pesky trash who owed her for denting her van.

It’s been 17 years and I can remember every bit of it like it was 10 minutes ago...except for the actual impacts.


31 posted on 04/28/2014 6:05:36 AM PDT by Salamander (Minstrel In The Gallery)
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To: Ditter

Evil bastard.


32 posted on 04/28/2014 6:06:42 AM PDT by Salamander (Minstrel In The Gallery)
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To: Salamander

The guy was a young Mexican who worked as a yardman,I suspect an illegal. For years I hated Mexico and everyone from there but I eventually got over that with God’s help.


33 posted on 04/28/2014 6:11:19 AM PDT by Ditter
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To: rickmichaels
One thing continues to trouble her, she said, is why she and other witnesses were forced to remain at the scene for hours, until 5:30 a.m., as police conducted their investigation, while the driver of the vehicle and her husband were allowed to go home.

Because her husband was a cop; next question!

34 posted on 04/28/2014 6:20:04 AM PDT by LambSlave
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To: Salamander

Some people just have black hearts.


35 posted on 04/28/2014 7:26:20 AM PDT by Girlene (Hey, NSA!)
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To: al_c

Wrong country on the legal rights link , this story is from Canada.


36 posted on 04/28/2014 3:30:37 PM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: Neidermeyer

Canada, eh? Okay ... Seems they rescinded the two abreast prohibition long ago -

http://www.vehicularcyclist.com/2abreast.html

But also according to Canada law, they should have had lights on their bikes in order to ride after dark.


37 posted on 04/28/2014 4:16:43 PM PDT by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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To: al_c
Your link refers to laws in the US. The accident took place in Canada. Even so, from your link...

...cyclists may ride two up only if they are not impeding traffic. Three states–Massachusetts, New York and Virginia–specifically require cyclists to roll single file when being overtaken by a passing vehicle.

Makes my point. Bikeists are for the most part irresponsible and act like the roads are for bikes with autos being the trespassers. They ride two, three even four abreast and dare autos to pass. The only bikeists for whom I have even the slightest respect are the ones who ride single file at the side of the road and yield the right of way to autos.

38 posted on 04/28/2014 5:23:20 PM PDT by SunTzuWu
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To: SunTzuWu

No ... cyclists for the most part obey the laws. Yes, there are some that don’t and they give the rest of us a bad name. But for the most part ...at least around my neck of the woods ... we obey the traffic laws.


39 posted on 04/28/2014 7:38:27 PM PDT by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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To: al_c

His bike had a gasoline engine also ,, is it a bike or a motorcycle?


40 posted on 04/28/2014 7:40:59 PM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: Neidermeyer

I’ve seen those things. Modern day mopeds? They’re weird whatever they are.


41 posted on 04/28/2014 8:21:00 PM PDT by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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