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Driver that struck teen suing dead boy's family
Toronto Sun ^ | APRIL 25, 2014 | TRACY MCLAUGHLIN

Posted on 04/25/2014 2:01:28 PM PDT by rickmichaels

ALCONA - 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.

As he sits in his immaculate Alcona home sifting through piles of photographs of his son, the heartache shows on his face and he can hardly contain his tears as he speaks.

Just down the road, on the side of a quiet country stretch of Innisfil Beach Rd., is a memorial complete with a bicycle, flowers and photographs of his son Brandon.

The spunky, handsome, 17-year-old bike enthusiast was out with his two buddies on Oct. 28, 2012 when they hopped on their bicycles to go for hotdogs on a drizzly, dark night around 1:30 a.m.

Brandon was struck dead-on by an SUV and killed while his friend Richard McLean, 16, was seriously injured with broken bones and pelvis. His other pal Jake Roberts, 16, was hit but sustained only scratches.

Now the driver of the SUV, Sharlene Simon, a mother of three, is suing the dead boy for the emotional trauma it has caused her. 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.”

In fact, he couldn’t even call the family to tell them the news this week.

“I just couldn’t bring myself to tell them on the phone.”

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

“I’m devastated, I’m in shock,” said Brandon's mother, Venetta Mlynczyk, a dental assistant who is drowning in sorrow. “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.”

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

In a statement of claim filed with the courts, 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 yet to return a call from the Toronto Sun.

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 was driving at an estimated 90 km/h in an 80-km zone.

The report also states: “no breathalyzer was performed” – a point the lawyer intends to delve deeper into, he says.

Her husband, Jules Simon, a York Regional Police officer, was driving behind his wife that night, but little is mentioned about him as a witness in the police report. He pulled over when Brandon was struck, and shortly after both were allowed to go home. It was another witness who pulled over to tend to Brandon and called 911.

Two hours later, after Brandon lay dead in hospital from multiple traumatic injuries, police knocked on the door of his home.

The dogs began to bark. It was late.

“I knew,” says his father, and his voice breaks again. “I had a gut feeling.”

Therapy, medication, even booze, doesn’t dull the pain.

And then, six months after the funeral, he awoke to find his second son Devon, 23, who had just graduated as a paralegal, laying in his bed, blue and dead, after popping too many pills and drinking too many shots. Not an intended suicide, they are certain – he was just trying to stifle his grief.

“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?”

He flips again through the family photographs. Happy times of fishing, dirt biking, swimming, eating birthday cake, laughing. He chuckles for a moment when he remembers all the bikes his son rebuilt – sometimes he would sneak the parts right into his bedroom, and shine them till they gleamed. All another world away.

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

Cameron has launched a routine lawsuit against the driver, mainly for medical and funeral costs on behalf of the boys and their families. He alleges Simon was speeding and may have been intoxicated and talking on her cell phone.

“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.”

None of the allegations have been tested in court.

Brandon Majewski


TOPICS: Culture/Society
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1 posted on 04/25/2014 2:01:28 PM PDT by rickmichaels
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To: rickmichaels
She’s also suing the County of Simcoe for failing to maintain the road.

Suing the taxpayers, in other words.

2 posted on 04/25/2014 2:03:44 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: rickmichaels

Despicable doesn’t even begin to cover it.


3 posted on 04/25/2014 2:04:05 PM PDT by null and void ( They don’t think think they are above the law. They think they are the law.)
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To: null and void

[fixing tagline]


4 posted on 04/25/2014 2:05:03 PM PDT by null and void ( They don't think think they are above the law. They think they are the law.)
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To: rickmichaels

Wow, that is like beating someone senseless then suing them for hurting your hand....


5 posted on 04/25/2014 2:05:35 PM PDT by GraceG
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To: null and void

And there is a good chance that she had been drinking as also may have been the case with her policeman husband who was following. This is evil. The woman and her cop husband left the scene with no breathalyzer being taken and without calling 911.


6 posted on 04/25/2014 2:06:46 PM PDT by House Atreides
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To: rickmichaels

In most places a 17-year old can be licensed to drive. So he was not quite a child. Were they wearing dark clothing and riding without lights? Suing seems beyond the pale, but that accident was terrible for the driver as well as the kid and his family.


7 posted on 04/25/2014 2:07:00 PM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: rickmichaels

This sounds to be like the woman knew she was going to get sued by the families, and took the offensive in the hope of getting them to drop their potential suit against her.

But it makes her look like an cruel moron.


8 posted on 04/25/2014 2:08:39 PM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: rickmichaels

Ah, her husband’s a cop, and was on the scene. Now we know why she wasn’t breathalyzed.


9 posted on 04/25/2014 2:08:44 PM PDT by Wolfie
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To: JimRed

See post #6 for more of the back story.


10 posted on 04/25/2014 2:08:54 PM PDT by null and void ( They don't think think they are above the law. They think they are the law.)
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To: rickmichaels

Hopefully, the right judge will throw this out of court before costing the kid’ family much more money. The second choice is the killing driver will be so hounded and ridiculed online, affecting the jobs of both her and the husband, that the suit will be quickly withdrawn. Sort of like the Spoiled Nasty Suburban Princess who wanted to sue her parents for tuition.


11 posted on 04/25/2014 2:09:15 PM PDT by lee martell
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To: null and void

Hopefully the Canadian legal system isn’t as whacked as ours.


12 posted on 04/25/2014 2:09:26 PM PDT by dfwgator
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To: rickmichaels

She should include her father for siring her. Her Mother for conceiving and giving birth to her. And the doctor for delivering her. With her class and compassion, she has to be a Democrat.


13 posted on 04/25/2014 2:10:02 PM PDT by sport
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To: House Atreides

yep, she was probably drunk and the cops on the scene let her go because she was a fellow cops wife.


14 posted on 04/25/2014 2:10:07 PM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: rickmichaels

I hope the judge fines her for wasting the court’s time after he trows the case out.


15 posted on 04/25/2014 2:10:53 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: House Atreides

Looks like the fix is in.


16 posted on 04/25/2014 2:11:27 PM PDT by Blackhawk45 (Fleas can be taught nearly anything a Congressman can. -- Mark Twain)
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To: JimRed

Here’s an interesting tidbit. Somehow the family’s lawyer knew about the lawsuit before the family did.

I don’t know about Canada but in this country about the only way that could happen is if there was already a lawsuit underway — and this was a cross-complaint.

I’d be interested to know if the Majewskys had already sued the woman in question,


17 posted on 04/25/2014 2:11:55 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: rickmichaels

I’m not supporting the lawsuit, but the teens were showing pee-poor judgment:

“The teens were struck while riding on the eastbound lane of the two-lane stretch of IBR in a dimly lit area on a damp, drizzly night.”

“they hopped on their bicycles to go for hotdogs on a drizzly, dark night around 1:30 a.m....”

“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?””

This is also a counter-lawsuit:

“Cameron has launched a routine lawsuit against the driver, mainly for medical and funeral costs on behalf of the boys and their families. He alleges Simon was speeding and may have been intoxicated and talking on her cell phone. “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.” “

I honestly don’t see much justification for EITHER side to be suing the other.


18 posted on 04/25/2014 2:12:18 PM PDT by Mr Rogers (I sooooo miss America!)
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To: rickmichaels
The report also states: “no breathalyzer was performed” – a point the lawyer intends to delve deeper into, he says.
Her husband, Jules Simon, a York Regional Police officer, was driving behind his wife that night,

Oh lookie! I found the reason no breathalyzer was performed on Mrs. Speedy.

19 posted on 04/25/2014 2:13:03 PM PDT by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: rickmichaels

They should countersue for wrongful death.


20 posted on 04/25/2014 2:13:24 PM PDT by DannyTN
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To: rickmichaels

They should countersue for wrongful death.


21 posted on 04/25/2014 2:13:25 PM PDT by DannyTN
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To: TexasFreeper2009

Even money says she and her cop hubby were both drunk. Else the sober one could have driven them both home.

Us vs Them mentality on the responding officers who didn’t breathalyze either one.


22 posted on 04/25/2014 2:13:40 PM PDT by null and void ( They don't think think they are above the law. They think they are the law.)
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To: Blood of Tyrants

Suing the deceased’s estate does seem distasteful — but the court has to make a determination as to who was at fault before either case is dismissed.

If the kid was the one at fault — then throwing out the woman’s suit would be improper.


23 posted on 04/25/2014 2:13:51 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: DannyTN

See post 17


24 posted on 04/25/2014 2:14:16 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: lee martell

“Hopefully, the right judge will throw this out of court before costing the kid’ family much more money. The second choice is the killing driver will be so hounded and ridiculed online, affecting the jobs of both her and the husband, that the suit will be quickly withdrawn. Sort of like the Spoiled Nasty Suburban Princess who wanted to sue her parents for tuition.”
*******************************************************************

I think they’re simply going for a liability lottery lawsuit SETTLEMENT expecting the various insurance companies to “pay them off”. They won’t withdraw their lawsuit in my opinion since they appear to not have the slightest ability to feel shame—plus cops (and their spouses) are part of the new entitlement classes entitled to easy lifestyles and retirements.


25 posted on 04/25/2014 2:15:30 PM PDT by House Atreides
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To: Mr Rogers

Lawyers.

Lawyers and greed.


26 posted on 04/25/2014 2:15:51 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: rickmichaels

What snake of a lawyer took the case?


27 posted on 04/25/2014 2:15:57 PM PDT by I want the USA back (Ask me what I think.)
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To: rickmichaels

While it’s not right to run someone over, the dad is wrong and kids do not have the “right” to make mistakes. There is no “right” to make mistakes. Mistakes happen. And will happen. There’s not RIGHT to make them because of your age or anything else. We may deal with the mistakes differently based on age but nobody has a RIGHT to make them. We all make them but we can’t claim a right to do so. We just know it’s gonna happen sooner or later.


28 posted on 04/25/2014 2:16:13 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Mr Rogers

Aren’t Canadians supposed to carry liability insurance? What does it take to get them to pay up?


29 posted on 04/25/2014 2:21:32 PM PDT by tsomer
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To: DannyTN

Don’t know about the Canadian legal system, but that’s one advantage in the U.S. system— countersuits don’t have to pay the filing fee. They become part of the case which has already been filed.


30 posted on 04/25/2014 2:23:59 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: rickmichaels

Her husband’s a cop,
So The Law does not apply.
Shut up and take it.


31 posted on 04/25/2014 2:25:11 PM PDT by Haiku Guy (Health Care Haiku: If You Have a Right / To the Labor I Provide / I Must Be Your Slave)
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To: BenLurkin

The driver was also at fault: speeding on a wet road, drinking and possibly distracted by a cell phone.

The kid got his comeuppance, if that’s what your worried about.


32 posted on 04/25/2014 2:26:57 PM PDT by tsomer
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To: rickmichaels

Some people have the chutzpah to sue the dead. This is beneath obscene.

To do that to a child whose life you took - I have no words for this guy’s audacity.


33 posted on 04/25/2014 2:29:26 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: rickmichaels
Cameron has launched a routine lawsuit against the driver, mainly for medical and funeral costs on behalf of the boys and their families. He alleges Simon was speeding and may have been intoxicated and talking on her cell phone.

So then the driver really filed a counter-suit.

34 posted on 04/25/2014 2:30:06 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Secret Agent Man

I think the father was saying that allowances should be made when kids screw up.

I think death, maiming and and a family’s devastation is a little extreme for the infraction of sharing the road with the drunk, reckless wife of a cop.


35 posted on 04/25/2014 2:31:27 PM PDT by tsomer
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To: tsomer

I don’t know who was at fault.

That has yet to be determined.

In this country it is a typically jury question — and is likely to result in an apportionment of fault on a comparative basis.


36 posted on 04/25/2014 2:33:56 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: tsomer

“speeding on a wet road, drinking and possibly distracted by a cell phone.”

Speeding 6 mph too fast would be considered blocking traffic where I live. Drinking has not been shown, and neither has the cell phone.

When I was a kid, I didn’t ride my bike at 1:30 AM...but when I rode at night, I assumed all responsibility for avoiding cars was mine. Why? Because the headlights of a car & the noise they make means it is easier for the bicyclist to see the car than the car the bicyclists, and because of the disparity in consequences if things go wrong.

In a different article, the father said the kid’s bike had a reflector under the seat and on the pedals. There was no mention of any lights.


37 posted on 04/25/2014 2:34:51 PM PDT by Mr Rogers (I sooooo miss America!)
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To: rickmichaels

I’m a lawyer and I’m astounded at this suit. It makes me ashamed that I’m in the same profession as this so-called attorney.


38 posted on 04/25/2014 2:45:36 PM PDT by Inwoodian
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To: rickmichaels

Blame the shrink that the lawyer behind this. It’s likely she hit the kid because she was loaded on psych drugs.


39 posted on 04/25/2014 2:46:09 PM PDT by Seruzawa (Get ready, little lady. Hell is coming to breakfast.)
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To: rickmichaels

It appears to me that there is a lawyer that needs to be taught a lesson about idiocy and the cost of representing a client with absolute no morals at all.


40 posted on 04/25/2014 2:52:10 PM PDT by vetvetdoug
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To: TexasFreeper2009

True, but on the other hand...

” on a drizzly, dark night around 1:30 a.m. “

Sounds to me like everyone involved was an idiot.

NOTHING GOOD except possibly for one thing happens after midnight.


41 posted on 04/25/2014 3:04:14 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: rickmichaels
Her husband, Jules Simon, a York Regional Police officer, was driving behind his wife that night, but little is mentioned about him as a witness in the police report. He pulled over when Brandon was struck, and shortly after both were allowed to go home. It was another witness who pulled over to tend to Brandon and called 911.

Hmmmm. I think I can guess why she wasn't given a breathalyzer.

42 posted on 04/25/2014 3:05:56 PM PDT by VeniVidiVici (Melowese Richardson - Democrat Vote Fraud Expert)
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To: rickmichaels

The first thing we do, let’s kill all the lawyers.

Shakespeare.


43 posted on 04/25/2014 3:10:51 PM PDT by USNA74
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To: All
There's a reason I'm here less and less between this shocking lawsuit and the fetuses burned for energy in Oregon the world is too sick and sad to let in my day-to-day life any more. I've got enough stress!

She was speeding even for ideal conditions, these were NOT ideal conditions. It's interesting she didn't call for help and neither did her cop husband who was driving behind her, it was a third party. No breath test is also highly suspicious. Smells like she's lashing out from a guilty conscious.

44 posted on 04/25/2014 3:15:19 PM PDT by newzjunkey (bah)
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To: rickmichaels

If she had done this to my family she would vanish. Forever


45 posted on 04/25/2014 3:19:10 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: tsomer

Yes, but words mean things and the word “RIGHT” gets tossed around waaaaaaaaaaaaay too much nowadays.

I also mentioned that idea in my reply but making allowances isn’t anything about RIGHTS. IF he wants to make that point he needs to use the correct and accurate words instead of declaring they have a “right” to screw up.


46 posted on 04/25/2014 3:19:36 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: newzjunkey

They are trying to claim victim status hoping not to get their asses sued. Trying to go for calling it a draw. We’ll drop our lawsuit if you don’t sue/drop yours.

Other cops are advising this guy to go this route. They talk about everything in terms of legal matters, amongst each other. I KNOW first-hand from cops in the family and their cop friends. They talk about how to screw over the wife they’re divorcing. They talk about covering each other’s stories in internal reviews and court cases.


47 posted on 04/25/2014 3:22:53 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Mr Rogers

I second that emotion. It’s tough.


48 posted on 04/25/2014 3:29:31 PM PDT by hamboy
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To: rickmichaels
The best defense is a good offense.

And this is about as offensive as it gets ...

49 posted on 04/25/2014 3:35:05 PM PDT by IronJack
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To: USNA74

Yup, followed by authors and writers.


50 posted on 04/25/2014 3:39:39 PM PDT by SgtHooper (I lost my tag!)
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