Driver who struck and killed teen on bike sues her victum and his family

MacNut

macrumors Core
Original poster
Jan 4, 2002
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CT
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. “Sometimes, it makes my blood boil.”

As he sits in his immaculate Alcona home, near the shores of Lake Simcoe and roughly 90 km north of Toronto, 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 hot dogs on a drizzly, dark night around 1:30 a.m.

“I know they should not have been out there that late,” his father said. “But they are good kids.”

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.
http://www.torontosun.com/2014/04/25/driver-that-struck-teen-suing-dead-boys-family

What a piece of work this woman is. You kill the kid and then sue him.

A slimmed down version of the story from Gawker
 

mactastic

macrumors 68040
Apr 24, 2003
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Colly-fornia
Christ that's stupid. Not only is she likely to be laughed out of court, but right now there's nothing against her. If she goes this route, she could conceivable get charged with something.

And that's aside from the issue of being a terrible human being.
 

Southern Dad

macrumors 68000
May 23, 2010
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Shady Dale, Georgia
Welcome to today's legal system. If this was in the USA she might well win that lawsuit. I'm not sure how it will work in Canada. If the bicyclists caused the accident then they, or their parents could be sued. It isn't nice and it isn't right but it is our system.

*Note* I'm not saying that I agree with this piece of work suing, just that in the USA she'd probably win.
 

mactastic

macrumors 68040
Apr 24, 2003
3,647
661
Colly-fornia
Welcome to today's legal system. If this was in the USA she might well win that lawsuit. I'm not sure how it will work in Canada. If the bicyclists caused the accident then they, or their parents could be sued. It isn't nice and it isn't right but it is our system.

*Note* I'm not saying that I agree with this piece of work suing, just that in the USA she'd probably win.
What case history are you basing that statement on? Or is this just a gut feeling thing?
 

Renzatic

Suspended
What case history are you basing that statement on? Or is this just a gut feeling thing?
Civil cases don't have the exacting requirements criminal cases do, which has resulted in some amazingly outlandish verdicts in the past. She doesn't have to prove your case beyond a reasonable doubt, just prove it enough to make your point seem relevant. Does she have written testimony from a doctor stating her symptoms, has she missed any days of work for well documented reasons, has she suffered any provable physical effects from her mental anguish, is her PTSD effecting her everyday life in ways that make it difficult for her to manage? If this woman can prove the above stated reasonably enough, she might very well win her case.

...but it has to get to court first.
 

jnpy!$4g3cwk

macrumors 65816
Feb 11, 2010
1,100
1,293
Welcome to today's legal system. If this was in the USA she might well win that lawsuit. I'm not sure how it will work in Canada. If the bicyclists caused the accident then they, or their parents could be sued. It isn't nice and it isn't right but it is our system.

*Note* I'm not saying that I agree with this piece of work suing, just that in the USA she'd probably win.
Looks to me like she might be in jail in the U.S. Had been drinking (not tested so no BAC on record, but, she probably would have been tested), speeding, possibly on cell phone. In some states in the U.S., if you hit somebody, and, you should have seen them and stopped, you are criminally liable. And, in some places, police are getting much more aggressive about charging these cases as negligent homicide. Not sure what the law says in Canada.
 

Southern Dad

macrumors 68000
May 23, 2010
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Shady Dale, Georgia
I've seen a lot of screwy cases go to court. Basically you have to convince 12 men and women that weren't smart enough to get out of jury duty that your case is better than the other sides. In civil court it only take a preponderance of the evidence not beyond a reasonable doubt.
 

Southern Dad

macrumors 68000
May 23, 2010
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Shady Dale, Georgia
Looks to me like she might be in jail in the U.S. Had been drinking (not tested so no BAC on record, but, she probably would have been tested), speeding, possibly on cell phone. In some states in the U.S., if you hit somebody, and, you should have seen them and stopped, you are criminally liable. And, in some places, police are getting much more aggressive about charging these cases as negligent homicide. Not sure what the law says in Canada.
But there are other conditions that would have been important. Were the bicyclists riding after dark with appropriate lights? Did they violate any traffic laws? You are right, they certainly would have tested her in my state.
 

Sydde

macrumors 68020
Aug 17, 2009
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“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

Hmm. Can she demonstrate that she is enough of an expert in bicycling to make such an assessment? And can she show that they failed the official provincial cyclist test of competence?
 

mactastic

macrumors 68040
Apr 24, 2003
3,647
661
Colly-fornia
“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

Hmm. Can she demonstrate that she is enough of an expert in bicycling to make such an assessment? And can she show that they failed the official provincial cyclist test of competence?
"They were also incompetent at the 'tuck-and-roll' maneuver."
 

Grey Beard

macrumors 65816
Sep 10, 2005
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The Antipodes.
The suing of the dead child is beyond obscene. The driver not being charged is ridiculous.

I wonder if the driver's husband who is a police officer, and following his wife has anything to do with the 'no charges' It strikes me as strange that he drove his wife straight home in his car after the incident.

They should be both hung out to dry in my opinion.

KGB:mad:
 

thekev

macrumors 604
Aug 5, 2010
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I've seen a lot of screwy cases go to court. Basically you have to convince 12 men and women that weren't smart enough to get out of jury duty that your case is better than the other sides. In civil court it only take a preponderance of the evidence not beyond a reasonable doubt.
You'd be surprised who they will take for a juror here. Self-employed with pending jobs that needed to be finished (printed out the POs and brought them with me) didn't get me out of it last time:mad:.
 

Southern Dad

macrumors 68000
May 23, 2010
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You'd be surprised who they will take for a juror here. Self-employed with pending jobs that needed to be finished (printed out the POs and brought them with me) didn't get me out of it last time:mad:.
Bring a reporter's notebook and a pen. Keep asking people to spell their name and if this part is on the record. You'll be out of there lickety split.
 

thekev

macrumors 604
Aug 5, 2010
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Bring a reporter's notebook and a pen. Keep asking people to spell their name and if this part is on the record. You'll be out of there lickety split.
Ahh that's funny. It was the first time I actually had to go in, but I'll try that next time. I thought showing the issue of financial impact would get me out of it. It did not. It was just a stupid unlawful detainer (eviction) case that somehow dragged on for 4 days.
 

Southern Dad

macrumors 68000
May 23, 2010
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Shady Dale, Georgia
Ahh that's funny. It was the first time I actually had to go in, but I'll try that next time. I thought showing the issue of financial impact would get me out of it. It did not. It was just a stupid unlawful detainer (eviction) case that somehow dragged on for 4 days.
At one of our properties, the publisher was called for jury duty. The role was called of prospective jurors, when his name was announced the district attorney and the defending attorney both said, "Challenge" at the same time. The judge said "Jinx".
 

lostngone

macrumors 65816
Aug 11, 2003
1,340
2,833
Anchorage
Ahh that's funny. It was the first time I actually had to go in, but I'll try that next time. I thought showing the issue of financial impact would get me out of it. It did not. It was just a stupid unlawful detainer (eviction) case that somehow dragged on for 4 days.
If you want out of Jury Duty in the U.S.(don't know if this works in Canada) just ask if Jury Nullification can be applied if you feel it is needed in the case you are about to be selected for.

That will pretty much make you the most unpopular person in the court room at that time.
 
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rdowns

macrumors Penryn
Jul 11, 2003
27,345
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I've seen a lot of screwy cases go to court. Basically you have to convince 12 men and women that weren't smart enough to get out of jury duty that your case is better than the other sides. In civil court it only take a preponderance of the evidence not beyond a reasonable doubt.

Are you saying that all jurors are idiots because they can't or won't try to get out of jury duty? Are none of them upstanding, civic-minded people who are proud to be doing their part?

You asked me once if I don't like you. I've never met you so I can't answer that. I can assume I wouldn't, not because you just like to argue, not because you seem to have a personal anecdote for nearly every thread, not because I don't agree with many of your positions. It's your contempt for vast swatches of people that leads me to that assumption.
 

satcomer

macrumors 603
Feb 19, 2008
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What i have seen from the report and my many years visiting Canada is IMHO this worm properly had a few drinks before the accident. Most young Canadians drink like Fish looking for water, they all seemed to be well on their way to become full blown alcoholics. :eek:
 

lostngone

macrumors 65816
Aug 11, 2003
1,340
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Anchorage
What i have seen from the report and my many years visiting Canada is IMHO this worm properly had a few drinks before the accident. Most young Canadians drink like Fish looking for water, they all seemed to be well on their way to become full blown alcoholics. :eek:
Wow....

I have not experienced that on my many trips through Canada.

I find most Canadians to be quite polite. I would even consider moving there if it wasn't for their restrictive firearm laws.
 

Zombie Acorn

macrumors 65816
Feb 2, 2009
1,301
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Toronto, Ontario
What i have seen from the report and my many years visiting Canada is IMHO this worm properly had a few drinks before the accident. Most young Canadians drink like Fish looking for water, they all seemed to be well on their way to become full blown alcoholics. :eek:
Noticed no difference in the youth here except that the drinking age is 19 so most aren't getting criminal records to go along with their beer.

This case should be thrown out immediately and she should be charged with a crime. She hit them from behind, that puts her at fault.
 

Southern Dad

macrumors 68000
May 23, 2010
1,532
547
Shady Dale, Georgia
Are you saying that all jurors are idiots because they can't or won't try to get out of jury duty? Are none of them upstanding, civic-minded people who are proud to be doing their part?

Jurors who WANT to be on a jury, scare me.

----------

If you want out of Jury Duty in the U.S.(don't know if this works in Canada) just ask if Jury Nullification can be applied if you feel it is needed in the case you are about to be selected for.

That will pretty much make you the most unpopular person in the court room at that time.
You are very right on this point. This is a prosecutor's worst nightmare.
 

yg17

macrumors G5
Aug 1, 2004
14,888
2,480
St. Louis, MO
Jurors who WANT to be on a jury, scare me.
I hope for your sake, if you ever find yourself on trial for a crime you were falsely accused of, you get a jury of 12 people who feel they are doing their civic duty by being there and not 12 people who were too stupid to get out of jury duty.

No one wants to be on a jury, but some of us are not going to lie and weasel our way out of it.
 

Southern Dad

macrumors 68000
May 23, 2010
1,532
547
Shady Dale, Georgia
I hope for your sake, if you ever find yourself on trial for a crime you were falsely accused of, you get a jury of 12 people who feel they are doing their civic duty by being there and not 12 people who were too stupid to get out of jury duty.

No one wants to be on a jury, but some of us are not going to lie and weasel our way out of it.
Hold on, I never said that I'd LIE to get out of jury duty. But I certainly am not anxious to spend a couple weeks listening to people argue back and forth about some lawsuit. People who want onto juries are often people sometimes feel that you must be guilty or you wouldn't be before them.

As for a criminal trial, truthfully, I'd probably opt for a bench trial. At least the judge understands the law, we wouldn't need all the dramatics of the lawyers.