Driver who struck and killed teen on bike is suing dead boy’s family

A heart-breaking tragedy has seemingly turned into an endless nightmare for one Canadian family. A woman who killed their son in an automobile accident is suing the dead victim for $1.35 million.

Sharlene Simon, 42, driver of the SUV that crashed into three teenagers riding their bikes on a dark, wet night in Oct. 2012, is claiming damages for psychological suffering, anxiety, depression and post-traumatic stress. Her lawsuit says the boys “did not apply their brakes properly” and “were incompetent bicyclists,” the Toronto Sun reports.

The parents of the deceased 17-year-old Brandon Majewski are shocked, bewildered and angry. “I feel like someone kicked me in the stomach – I’m over the edge,” said the father, Derek Majewski. He told the Sun, “Sometimes it makes my blood boil,” and that his ceaseless pain and grief are not mollified by therapy, medication, or drink.

Brandon’s mother, Venetta MyIncczyk, said she was devastated and in shock. “She killed my child and now she wants to profit by 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.”

Not only is Simon suing the dead victim, she’s also suing the other injured teenager, 16-year-old Jake Roberts who suffered a broken pelvis and other broken bones, the third teenager who escaped with just scratches, the brother of Brandon Majewski who died from an overdose of pills and booze trying to assuage his grief, and she’s suing Simcoe County for neglecting to maintain the road.

“It’s a tragedy what happened to the boys, but it’s also a tragedy that’s happened to (Simon),” her lawyer Michael Ellis told the Toronto Star.  “I understand their grief and I understand what they must be going through is awful, but my client is also living with this nightmare every day.”

The Majewski family lawyer, Brian Cameron, said he too was shocked. “In all my years as a lawyer, I have never seen anyone ever sue a child that they have killed. It’s beyond the pale.”

Brandon’s father, enveloped in sorrow, asked why she was traveling so fast on a late, drizzly night, and how it was she didn’t see all the bikes’ reflectors. He posits that she may have been intoxicated and talking on her cellphone. Ironically, Simon’s husband is a York Regional Police Officer, who was driving behind her that fatal night but not mentioned in the police report.

That report indicated that Simon admitted to exceeding the speed limit by 10 km/hr, but that she did not see any of their pedal reflectors. Moreover, no charges were filed against her.

“This thing haunts us; it will never stop haunting us,” said Majewski. He has instituted a routine lawsuit claiming for medical bills and funeral costs against Simon, accusing her of failing to take reasonable care to avoid a collision.

The painful tragedy will play out in court.

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