Woman kills teen and now suing family for $1.2M

[kent]

Wow!  Absent more information supporting there's actually a "case" here, I think she's just another one of "those" and the attorney representing her should be disbarred....

www.nydailynews.com/news/world/woman-struck-killed-teen-sues-family-article-1.1770602

Woman who struck and killed teen on bike suing his family for $1.2 million

Sharlene Simon hit 17-year-old Brandon Majewski in Toronto in 2012 with her SUV. She’s suing his family — and those of two other teens hit in the accident — over trauma she says she experienced as a result. ‘She says she is in pain? Tell her to look inside my head and she will see pain,’ Majewski’s mother, Venetta, said.

[sesfw]

This woman and attorney need psychiatric evaluations. Neither of them are in reality.

The families of the kids hit in this accident are traumatized beyond comprehension.

So sad for the families.

[MarleyKeezy78]

For this lady

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

A woman who ran over and killed a teenager is suing the dead 17-year-old boy for more than $1 million for "emotional trauma."

Brandon Majewski died after being struck by an SUV while cycling with two friends in Toronto in 2012.

One of his friends was seriously injured in the incident.

Sharlene Simon, the driver of the vehicle, is now suing all three boys for the trauma she claims she has suffered since the incident.

SHE's "emotionally traumatized"? Boo-freaking- Hoo!

And how the heck does she figure she can sue someone who's not only dead but killed by vehicular homicide (committed by her)?

She doesn't know emotional trauma - but the boys' parents sure do now!




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[Deleted]

The first post at the end of the article gives more information and was interesting.

[Deleted]

This is why I wish "The Press" was required to give not only JUST the facts, but also ALL the facts.

I hate "slanted"/biased journalism.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

So do I - I also don't consider "Daily News" a reliable source - ever. It's Tabloid Journalism.

The comments/posts below the article are opinions only - from ordinary citizens like you or me - not by investigators or law enforcement.





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[marvholly]

At first OI thought this was one of Nancy's Flori-Duh stories. It should be.

[NancysSummerSip]

Apr 28, 2014 5:33:51 GMT -5 marvholly said:

At first OI thought this was one of Nancy's Flori-Duh stories. It should be.

Well, they sometimes refer to Florida as the sixth borough of NYC, yanno. So if you want to stretch geography a bit, it could be.

[NancysSummerSip]

As both a cyclist and an automobile driver, I see both sides of this tragedy.

As a cyclist, we have to obey the rules of the road. They are in the driver's handbook of every state. We have to use turn signals, ride on the correct side of the road (with traffic), use bike lanes (where they exist), ride single file, stop at lights and stop signs, and do all the things motorized vehicles do. And I flinch every time I see cyclists do otherwise. We don't own the road, we share it.

As a vehicle driver, we have to obey the rules of the road.  They are in the driver's handbook of every state. We have to use the turn signals, stop at lights and signs (and know that a flashing light all around means you STOP before proceeding, for example, not just slow down), don't pass under certain circumstances, slow down under certain circumstances, etc. We don't own the road, we share it.

We are all responsible for our collective safety out there. Everyone should go home to the people who love them, every day.

[The Walk of the Penguin Mich]

I live in a city where there are a lot of cyclists. Most are very well illuminated at night, but I am scared shitless that some day I am going to hit one of the idiots that are out riding without a single source of light or reflective gear. I ride (or did ride) when I was capable and I had a reflective vest, a strobe light and enough safety equipment to that I'm lit up like a Christmas tree. And in the past, I HAVE stopped cyclists and told them that they are just barely visible and for their safety, they really need to do something (and they did, the next time I passed them going to work, both were wearing reflective vests.

And to make matters worse, many of the cyclists do NOT conform to the rules of the road. So in a car I am expected to see someone who is, at best, a shadow and running stop signs and red lights. It has gotten bad enough that cops are now trying to crack down on this.  Not only that, cyclists are now running down pedestrians too.  There was a big case where a bike not only ran a red light, but hit a pedestrian (and did some pretty severe damage to him) that was crossing in the crosswalk, with the light.

I don't doubt for an instant that the women who hit these boys is traumatized. However......if this makes them sit up and pay attention, then maybe it is what is necessary.

[NancysSummerSip]

While bikes on sidewalks sounds like a good plan, it's not legal in many states, unless the sidewalk is designated as a bike path. We have those in this state, mostly along county and state-numbered roadways. But along regular city and town roads, it's not legal. And there's no bike lane, either. Go figure, right?

And this morning, on my way to swim practice, I saw a woman riding, no lights on the bike, dark clothing, NO HELMET, on an dimly lit stretch of roadway....oh, but she was riding with traffic. Yeah, that works just fine. A driver would hit her, and have zero clue she was there.

But it's so rural where we are, the cyclists say. Um, OK. Y'all do know it only takes one car, right? Or one school bus, or one trash truck?

Or how about another pet peeve of mine, the parents who ride with their kids, make the kids wear helmets while they don't? I always have to resist the urge to get out and yell at the grownups when I see that.

[whoisjohngalt]

I know it's not PC to say but I can't stand cyclists just as I can't stand most dog owners.

Something happens to perfectly nice and good people when they become those two.

When I lived in MD, my parents' house is right of the route that is VERY narrow but yet, VERY popular for cyclists.  I am not going to bore you with all the stories of cyclists causing major traffic delays and all kinds of other problems bc evidently they don't know how to ride "within the lines".

But I think they know that cars would do whatever they can to avoid them, so they just do whatever the heck they want and ride their bikes wherever they want, disregarding all the rules.

[justme]

Apr 29, 2014 11:24:48 GMT -5 NancysSummerSip said:

While bikes on sidewalks sounds like a good plan, it's not legal in many states, unless the sidewalk is designated as a bike path. We have those in this state, mostly along county and state-numbered roadways. But along regular city and town roads, it's not legal. And there's no bike lane, either. Go figure, right?

And this morning, on my way to swim practice, I saw a woman riding, no lights on the bike, dark clothing, NO HELMET, on an dimly lit stretch of roadway....oh, but she was riding with traffic. Yeah, that works just fine. A driver would hit her, and have zero clue she was there.

But it's so rural where we are, the cyclists say. Um, OK. Y'all do know it only takes one car, right? Or one school bus, or one trash truck?

Or how about another pet peeve of mine, the parents who ride with their kids, make the kids wear helmets while they don't? I always have to resist the urge to get out and yell at the grownups when I see that.

 It's not illegal in Florida, though maybe cities vary? I just checked it before I got a bike because I feel safer on the sidewalk.

Sidewalk Riding (see Section 316.2065, F.S.)
When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.
A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.
- See more at: floridabicycle.org/bicycle-traffic-law/#sthash.STkYjbpy.dpuf

[NancysSummerSip]

Apr 29, 2014 11:36:24 GMT -5 @sroo4 said:

Apr 29, 2014 11:24:48 GMT -5 NancysSummerSip said:

While bikes on sidewalks sounds like a good plan, it's not legal in many states, unless the sidewalk is designated as a bike path. We have those in this state, mostly along county and state-numbered roadways. But along regular city and town roads, it's not legal. And there's no bike lane, either. Go figure, right?

I know it's against the law,  I just think it's a stupid law which causes way more harm than good. 

I know it wouldn't solve all of the issues,  but it would help some.   I'm pretty anti-bicycle because more times than not I observe the bicycle not following the rules/laws of the road and creating dangerous situations.  Just like the mythical unicorn cheap car,  I hear tell of the super letter of the law bicycle riders but I rarely see them.  

I do remember one though complete with hand turn signals.  So I guess unicorns do exist 

Hey, I'm a unicorn bike rider, hand signals and all. Of course, I'm stupidly slow as well.

[The Walk of the Penguin Mich]

There ARE a lot of good, law abiding cyclists out there. I see them every day (and I'm impressed because there are some wicked hills that they pump up regularly). If I had to hazard a guess, about 85% that I see on the road are following the rules. If I generalize, most have an expensive bike (Trek, Specialized, Giant, etc.), all have a helmet on, at night they are in reflective gear and have strobe lights on their bikes and/or backpacks. They also wear those cute (ahem...tight) shorts.

It's those remaining 15% that scare the crap out of me. I suspect that most of them are college students.

[The Walk of the Penguin Mich]

So it is a tit for tat....you sue me for killing your idiot son (even though the recreated accident shows that there is no way it could have been avoided) and I'll sue you for emotional distress.

The driver is getting sued for hitting the boys, so she is striking back. I'm not sure I'd not consider doing this myself.

Simon is seeking more than $1 million from the deceased 17-year-old's estate – which Cameron says the teen did not have.
"There's no money to be gained from suing Brandon…. he was a typical boy who may have owned a video-game system. He was just a normal kid," he said.
Cameron is representing Majewski's family in a separate lawsuit.
In that suit, Majewski's family is seeking a total of $900,000 in damages for the "emotional trauma and shock" of their son's death. In that suit, Simon, Simon's husband -- the owner of the car-- and the County of Simcoe are named as defendants.


Read more: www.ctvnews.ca/canada/driver-sues-estate-of-ontario-teen-she-struck-killed-1.1793813#ixzz30IPFwcBi

[NancysSummerSip]

Apr 29, 2014 12:01:50 GMT -5 @sroo4 said:

I'm actually pretty curious why bicycle riders aren't required to carry insurance.  I was talking to my hair stylist who was telling me how her BF caused an accident and the car was damaged.  I believe he crossed in front of her causing her to swerve into either a parked car or a street sign.  I asked her if he carried any insurance and she said he didn't.  

It seems to me that they can cause,  damage, injury, and death just as easily as a car,  why shouldn't they carry the same type of coverage? 

Good question. We probably should carry some kind of vehicular coverage. We're bodily covered by our health insurance as far as injury goes. But the bike and any damage to the auto driver or their car is their problem.

There is such a thing as insurance for bike riders, BTW. This company was started by two riders:

velosurance.com/

[NancysSummerSip]

Apr 29, 2014 13:00:28 GMT -5 @sroo4 said:

Apr 29, 2014 12:38:10 GMT -5 NancysSummerSip said:

Good question. We probably should carry some kind of vehicular coverage. We're bodily covered by our health insurance as far as injury goes. But the bike and any damage to the auto driver or their car is their problem.

There is such a thing as insurance for bike riders, BTW. This company was started by two riders:

velosurance.com/

You're saying that it's the driver's problem?  Again, seems to me that a lawsuit could very quickly make it the bicyclist's problem.

Sorry, I should have been clearer. It's the cyclist's problem, if the cyclist is at fault. No coverage is provided in most states under any other policy. Oregon is an exception; you can get bike coverage under your auto or homeowner's insurance. Mea culpa on the bad explanation.

[NancysSummerSip]

Apr 29, 2014 13:23:34 GMT -5 @sroo4 said:

No problem,  that's why I asked,  it didn't seem to be in-line with the rest of your comments  Left me with a dog head-tilt for a moment there

No problem. I have ingested sufficient chocolate product, and now will be fine for the remainder of the day.

[Deleted]

If the woman had medical expenses etc it probably isn't her that initiated the lawsuit. Most likely it was her insurance company. That happened when my brother was killed in a car accident when my uncle was driving my parents car. A cousin was riding in the back and ended up in a comma. Her insurance sued my parents insurance because it was their car. But the letter ends up saying she was suing them.

[lexxy703]

A few winters back I saw a kid on a bike try to dart across a road with a good deal of traffice.  It was dusk, he had no reflectors, zipped out in front of oncoming traffic.  He narrowly missed being run down by some poor unsuspecting driver.  I was at a red light & watched as it happened.  I was in no way involved but was so shaken up I trembled the rest of the ride home & in the following week or so I was paranoid while driving.  I can only imagine the trauma this poor woman is feeling.

[workpublic]

outlaw bikes on roads after dark

[The Walk of the Penguin Mich]

May 3, 2014 9:50:26 GMT -5 workpublic said:

outlaw bikes on roads after dark

Why?

Around here, it gets dark before 4 pm in the winter and many use their bikes for transportation to and from work.  Those who do so responsibly are lit up like a Christmas tree and there is no problem seeing them.

What would be better is if the bicyclists were ticketed for not conforming to the laws of the road like cars are.  For the most part, they are not.

[Sam_2.0]

I worry about this all the time. Around us there are a lot of kids that walk and bike out on the road after dark wearing dark clothing and not watching out for cars. Just last week I had to slam on my breaks to keep from hitting a kid that I guessed was about 10 who just ran across the road without watching (busy, 35mph road). These kids will walk and ride right down the middle of the road or the middle of a lane and flip us off when we try to slowly drive around them. I am honestly surprised none of them have been killed yet.

[Tennesseer]

May 5, 2014 10:59:06 GMT -5 The Walk of the Penguin Mich said:

May 3, 2014 9:50:26 GMT -5 workpublic said:

outlaw bikes on roads after dark

Why?

Around here, it gets dark before 4 pm in the winter and many use their bikes for transportation to and from work.  Those who do so responsibly are lit up like a Christmas tree and there is no problem seeing them.

What would be better is if the bicyclists were ticketed for not conforming to the laws of the road like cars are.  For the most part, they are not.

Somewhat knowing Workpublic, he was being facetious.

[truthbound]

Apr 28, 2014 9:08:02 GMT -5 NancysSummerSip said:

Apr 28, 2014 5:33:51 GMT -5 marvholly said:

At first OI thought this was one of Nancy's Flori-Duh stories. It should be.

Well, they sometimes refer to Florida as the sixth borough of NYC, yanno. So if you want to stretch geography a bit, it could be.

Lol. Florida could never each the stupidity of New York.

[djAdvocate]

May 6, 2014 4:26:52 GMT -5 truthbound said:

Apr 28, 2014 9:08:02 GMT -5 NancysSummerSip said:

Well, they sometimes refer to Florida as the sixth borough of NYC, yanno. So if you want to stretch geography a bit, it could be.

Lol. Florida could never each the stupidity of New York.

convince me. 

[zibazinski]

New Yorkers move there so yes, it could.

[truthbound]

Case and point.