We don’t want their oil, but we’ll export our crazy legal system to them, gratis

 

Monkey in the Middle

Monkey in the Middle

Canadian driver sues parents of the boy she ran over for emotional trauma.

A woman who hit three teenage boys on bikes while driving, killing one and injuring the other two, is suing the dead teen for the emotional trauma she suffered.

Mother-of-three Sharlene Simon, 42, is also suing the other two boys and the dead boy’s family for $1.35 million in damages due to her psychological suffering, including depression, anxiety, irritability and post-traumatic stress.

The claim follows the accident which killed 17-year-old Brandon Majewski when Simon struck him from behind in her SUV as he rode along the Innisfil Beach Road on Oct. 28, 2012 about 1:30 a.m.

Majewski’s friend Richard McLean, 16, was seriously injured in the crash, breaking multiple bones including his pelvis. Another friend, 16-year-old Jake Roberts, was knocked off his bike but luckily escaped with only scratches.

In a statement of claim filed in a Canadian court, Simon blames the boys for negligence, the Toronto Sun reports.

“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

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

Oh Canada, you don’t know what you’re in for.

4 Comments

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4 responses to “We don’t want their oil, but we’ll export our crazy legal system to them, gratis

  1. AJ

    This must be out of sheer desperation and based on the “best defense is a strong offense” idea. There are relatively few lawsuits in Ontario, where this took place, since Ontario is a province where the loser pays court costs and the other side’s legal expenses. Suing anyone in Ontario is a very risky gambit.

  2. Walt

    Dude –
    These are the facts of the case. And they are undeniable. A FEW GOOD MEN DUDE!!

    These kids were 17 year old stoners, out on bikes with no reflectors, on a 50 MPH road, to go get some hot dogs to munch on. The woman hit the kid riding the on an unlit road, on a rainy night, at nearly 2AM with no reflectors, no helmets, and in dark clothing.
    The woman wasn’t breathalyzed, merely given a roadside test (which showed no signs of alcohol use), and in no other way was treated as a suspect. No cause was ever given to treat her as a suspect.
    The family has gone on to accuse the police of mismanaging the investigation and complained when internal affairs handled the investigation instead of the provincial police. They’ve accused the driver of being drunk, of texting while driving, or of speeding. They’ve accused her husband of letting her drive when she was “in no condition to do so”. Then they sued her and the county for nearly a million dollars. They’ve said that their son should have been “allowed to make a mistake”.

    They are throwing everything they can at the wall and seeing what sticks (hence the claiming she was ‘texting, drinking or speeding’ – they don’t claim all three or provide any evidence – it’s just that she must have done something to cause this). They’re trying desperately to shift the blame to anyone but themselves or their son. It’s not enough that their son might not be at fault, someone else has to go down for this.

    And now the driver is suing for $1.35m for the emotional distress and lessened enjoyment of life.

    I get they’re grieving, but after the way they’ve acted in response to this, I’d say the driver is well within her rights to fire back, and I can certainly see this being used as a tactic by her simply to make the other (seemingly frivolous, but nonetheless expensive) suits go away.

    From the information available she is nowhere near ‘in the wrong’.
    Shit happens, and these kids were wrong. Darwin at work, not the drivers fault.

    Your Pal,
    Walt

  3. What will happen when you meet your maker with this on your resume?