Woman who struck cyclists, killing one, now suing them for stressshe's suffered

I wonder which sided will win?


Excerpt:

"An Ontario woman who struck three teenage boys on their bicycles, killing one, now is suing the kids' families for more than $1 million for the stress she's suffered as a result of the accident.

Before your head explodes, you should also know she's being sued by the teens' families, but I'll leave it to you to decide who's more deserving."

Snip

"Sharlene Simon was driving down a country lane in Simcoe County north of Toronto around 1:30 a.m. on Oct. 28, 2012, when she suddenly came on the three teens riding abreast returning from a local coffee shop.

Unable to stop in time, she plowed into the group, killing 17-year-old Brandon Majewski and seriously injuring 16-year-old Richard McLean. Their friend Jake Roberts, also 16, escaped with only scratches, QMI Agency reported.

Last December, a lawyer for Simon filed a statement of claim in Ontario Superior Court naming the estate of the dead teen and the families of his friends, alleging the driver "has sustained and will sustain great pain and suffering," including " a severe shock to her system" as a result of the crash, Postmedia News reported.

Simon is claiming $1.35 million because, according to her claim, "her enjoyment of life has been and will be lessened" by the accident.

[ Related: Vancouver cyclist sued by driver after collision ]

Simon is herself the target of a $900,000 suit by the families of the victims that alleges Simon was speeding, intoxicated or texting at the time of the accident.

Neither side's claim has been proven in court.

It's not clear from the news reports which suit landed in court first. Lawyer Brian Cameron, acting for the victims' families, told QMI Agency their suit was mainly to recover medical and funeral costs.

Still, he was stunned at Simon's suit, which also names the County of Simcoe for failing to maintain the road.

"In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed," Cameron told QMI Agency. "It's beyond the pale."

Simon's suit alleges the boys were negligent by riding three abreast on the darkened road and for not wearing clothing that would make them visible to drivers. Two of the bikes had what police called "minimal reflectors," and none of the boys were wearing helmets, the claim says, according to Postmedia News.

"They're kids," Brandon's dad, Derek Majewski, told Postmedia News. "They're allowed to make a mistake."

Postmedia News said the 26-page accident report by the South Simcoe Police Service concluded the cyclists' lack of visibility "was the largest contributing factor," which, combined with the darkness of the overcast night, meant Simon "did not see the cyclists on the roadway and was unable to take an evasive action.""

Read more he

https://ca.news.yahoo.com/blogs/dail...210417955.html

Cheers

On Fri, 25 Apr 2014 15:04:14 -0700 (PDT), Sir Ridesalot
wrote:

I wonder which sided will win?


Excerpt:

"An Ontario woman who struck three teenage boys on their bicycles, killing one, now is suing the kids' families for more than $1 million for the stress she's suffered as a result of the accident.

Before your head explodes, you should also know she's being sued by the teens' families, but I'll leave it to you to decide who's more deserving."

Snip

"Sharlene Simon was driving down a country lane in Simcoe County north of Toronto around 1:30 a.m. on Oct. 28, 2012, when she suddenly came on the three teens riding abreast returning from a local coffee shop.

Unable to stop in time, she plowed into the group, killing 17-year-old Brandon Majewski and seriously injuring 16-year-old Richard McLean. Their friend Jake Roberts, also 16, escaped with only scratches, QMI Agency reported.

Last December, a lawyer for Simon filed a statement of claim in Ontario Superior Court naming the estate of the dead teen and the families of his friends, alleging the driver "has sustained and will sustain great pain and suffering," including " a severe shock to her system" as a result of the crash, Postmedia News reported.

Simon is claiming $1.35 million because, according to her claim, "her enjoyment of life has been and will be lessened" by the accident.

[ Related: Vancouver cyclist sued by driver after collision ]

Simon is herself the target of a $900,000 suit by the families of the victims that alleges Simon was speeding, intoxicated or texting at the time of the accident.

Neither side's claim has been proven in court.

It's not clear from the news reports which suit landed in court first. Lawyer Brian Cameron, acting for the victims' families, told QMI Agency their suit was mainly to recover medical and funeral costs.

Still, he was stunned at Simon's suit, which also names the County of Simcoe for failing to maintain the road.

"In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed," Cameron told QMI Agency. "It's beyond the pale."

Simon's suit alleges the boys were negligent by riding three abreast on the darkened road and for not wearing clothing that would make them visible to drivers. Two of the bikes had what police called "minimal reflectors," and none of the boys were wearing helmets, the claim says, according to Postmedia News.

"They're kids," Brandon's dad, Derek Majewski, told Postmedia News. "They're allowed to make a mistake."

Postmedia News said the 26-page accident report by the South Simcoe Police Service concluded the cyclists' lack of visibility "was the largest contributing factor," which, combined with the darkness of the overcast night, meant Simon "did not see the cyclists on the roadway and was unable to take an evasive action.""

Read more he

https://ca.news.yahoo.com/blogs/dail...210417955.html

Cheers

Well, why not? After all, someone buys buy a cup of hot coffee and
proceeds to spill it in their lap then they sue the coffee seller.

The same logic would indicate that the cyclist was in the wrong. After
all, had he/they not been there the accident wouldn't have occurred.
And of course, had the driver left earlier she would have avoided the
accident.

And the multitude of suits will be of great benefit to the legal
fraternity :-)
--
Cheers,

John B.

3 abrest at night ona country road....

sheeeeet I'd sue 2

damn canadians !

John B. writes:

Well, why not? After all, someone buys buy a cup of hot coffee and
proceeds to spill it in their lap then they sue the coffee seller.

The same logic would indicate that the cyclist was in the wrong.

That the collision occurred at 1:30 am, and the cyclists had no
lights, suggests they were doing something wrong. On the other
hand, suing the family seems an idiotic move.

--
Joe Riel

On Friday, April 25, 2014 8:28:47 PM UTC-7, x wrote:
3 abrest at night ona country road....

sheeeeet I'd sue 2

damn canadians !

Could be worse. Moose have only front reflectors, and
no money.

are these Moose Canadian Moose or American Moose /

On Fri, 25 Apr 2014 22:14:52 -0700 (PDT), Dan O
wrote:

On Friday, April 25, 2014 8:28:47 PM UTC-7, x wrote:
3 abrest at night ona country road....

sheeeeet I'd sue 2

damn canadians !

Could be worse. Moose have only front reflectors, and
no money.

Don't mess with a moose.
http://bangordailynews.com/2009/10/2...-to-let-it-by/
they are even in the movies
http://www.thestar.com/news/canada/2...ian_in_bc.html
:-)
--
Cheers,

John B.

http://www.google.com/url?sa=t&rct=j...Y-Zl6Pfmjzw1JQ


moose are noticeably loosing swamp.

Per Sir Ridesalot:
"An Ontario woman who struck three teenage boys on their bicycles, killing one, now is suing the kids' families for more than $1 million for the stress she's suffered as a result of the accident.

Before your head explodes, you should also know she's being sued by the teens' families, but I'll leave it to you to decide who's more deserving."

Sounds like a lawyer's wet dream to me.
--
Pete Cresswell

Per John B.:
Well, why not? After all, someone buys buy a cup of hot coffee and
proceeds to spill it in their lap then they sue the coffee seller.

Watch the movie "Hot Coffee". The complexity of the situation goes
way, way, way beyond the sound bytes you hear on the news media.
--
Pete Cresswell