Driver Who Killed Cyclist Sues the Dead Teen’s Parents

In a case the Ottawa Citizen called “astonishing evidence of the raw appeal of… victimhood,” a woman who struck and killed a teenage boy riding his bike outside of Toronto is suing the boy’s family for $1.35 million.

Brandon Majewski was 17 when he was killed in a collision with an SUV. The driver is now suing his family. Photo: National Post
Brandon Majewski was 17 when he was killed by an SUV driver. The driver is now suing his family. Photo: National Post

The driver, Sharlene Simon, is seeking compensation for the “great pain and suffering” she has sustained since killing 17-year-old Brandon Majewski with her SUV, as well as “a severe shock to her system” and lessening of “her enjoyment of life,” her lawyers wrote in the suit, filed in an Ontario court.

Simon struck Majewski and his two 16-year-old friends in October 2012, killing Majewski and badly injuring another boy. The three were riding home from a coffee shop on a Saturday night on rural Innisfil Beach Road, about 50 miles north of Toronto.

“I think it’s very cruel,” said Brandon’s father, Derek Majewski, of the lawsuit. Derek said Brandon’s death was devastating for his family. Brandon’s grief-stricken brother, Devon, died six months later after consuming a combination of alcohol and prescription drugs.

No charges were filed against Simon, after local police concluded that limited visibility was the main cause of the collision, and that the boys had only “minimal reflectors” and were wearing dark-colored clothes. The fact that the boys weren’t wearing helmets and were riding abreast were also cited by police officers in their report, despite being wholly legal.

The victims’ families are suing Simon and Simcoe County, where the crash occurred, for $900,000. The suit alleges Simon was “speeding, under the influence or texting” at the time of the crash and that her husband, a police officer in nearby York, should have prevented her from driving. The Majewski family has also charged that the investigation by local police was biased against the boys.

As for Simon’s countersuit, Lloyd Alter at Treehugger wrote that it “may just be a smart legal tactic.”

“Or,” he added, “it might just be totally disgusting.”

  • Andy

    Facts:

    1. She was speeding.

    2. She failed to use due care to avoid a collision.

    3. A child died due to her negligence.

  • dirkadirka

    10km over is not considered dangerous driving in canada, the cops allow us up to 20km over on hwys and up to 10km on a road like the one she was on and you can only speculate the crown attorney and police force lied about everything…..i need facts andy please

  • Andy

    Regardless of your opinion, driving over the speed limit is speeding. I’m not sure what your motive is for defending someone that killed a child.

  • dirkadirka

    i dont expect you to understand our driving laws and its not me with the opinion, its you with the opinion because our ontario provincial police and the crown investigated the accident not the murder and she was cleared of any charges or wrong doing. but by all means, start overturning our laws decision and taking people that are not guilty and making them guilty, kinda backward turnaround, but i guess you being an avid cyclist makes you bios from the get go and the only person i am defending is someone that is not guilty. whats your motive for wanting to put an innocent person in jail?

  • C Monroe

    She killed someone with her act of not paying attention of where she was driving! When you rear end someone, the responsibility lies on you, in every country I have been to this is the case, including Canada. I was just pointing out if there was a dark object instead of kids on bikes, she would still be at fault if she had reasonable time to avoid the collision but did not. It would be different if there wasn’t time, like if the kids jumped out right in front of her, but according to the article, she hit them from behind not from the side or front.

  • Blake Jackman

    There is no such thing as a “strategic countersuit,” unless the case is being tried in the media. A tort lawsuit (at least in the United States) is required to have a plausible basis to be considered, which admittedly is a vague concept and has been interpreted very liberally, but the term ‘strategic countersuit’ implies that the filed suit could have some influence on the outcome of the initial suit, which is false. In fact, a jury seated for the initial trial would not be allowed to know of the pending countersuit or it’s progress, so it is irrelevant.

  • Blake Jackman

    Suing “in response” to a lawsuit is a pointless exercise. In neither case could the existence, progress, or outcome of the other even be mentioned, let alone could it actually influence the result.

  • Blake Jackman

    You’re at fault. Speeding ALWAYS places the blame on the operator of the vehicle. Also, blowing a red light also puts the blame entirely on the driver of the vehicle. If you did both, you’re screwed. And, this example you’ve given me leads me to believe this accident happened at an intersection (because of the red light), which would suggest the jogger was in a crosswalk… If that were the case, you’d be at fault regardless of whether you were speeding or had run a red light.
    Now I’m confused. How was that a better comparison?

  • mickey

    She was speeding so she was clearly guilty. Case closed. Of course she got off, because of her corrupt cop husband who is obviously also a slimebag if he is willing to be associated with suing the victims of his clueless wife’s irresponsible and reckless driving.

  • Craig

    She killed Brandon Majewski. No getting around that. (what you should do is argue if she murdered him. But she Killed Brandon Majewski No Debate)

    Just 10 KMH over the speed limit leads to increased stopping distance, reduced visibility, and contributed to the accident. Once you say “speeding is okay” you revoke the physical effects of it which is to revoke the FACTS.

  • bryan

    do YOU understand the driving laws in canada?

    http://en.wikipedia.org/wiki/Speed_limits_in_Canada

    it doesnt say anything about “10km above the maximum legal speed is somehow legal if you killed someone”

  • dirkadirka

    your a tit, fook off eh…..trolls, all you do is look for trouble, isnt there any poisonous reptiles for you to play with. all anyone wants to do is make someone guilty in an unfortunate accident. shite asss humans, go hang the bitccch if it means that much to you all……

  • OCJohnB

    From the looks of this the wrong people died that day, scum like this woman should have no place in this world.

  • dirkadirka

    maybe he is a slimebag, no doubt but I am telling you, no cops are gonna cover up another cops wife from another jurisdiction with a death of a child

  • Blake Jackman

    Exactly. And for those without the attention span to read KillMoto’s comments, here’s the short version:
    “Never drive faster than you can see to stop. Period.”

  • Dwayne Donnelly

    Tragically Brandon was riding in the middle of a 80kph road with no lights at night, sorry but that’s what there is no getting around, if the boys were riding to the right there would have been no accident, and that is the FACTS

  • Tracy Campbell

    Nice spelling and grammar. It’s a bit difficult to take you seriously.

  • Katherine McChesney

    She MURDERED him, you moron.

  • Katherine McChesney

    You’re abusive. SHE MURDERED an innocent bicyclist.

  • Dwayne Donnelly

    How is it murder, to hit a cyclist riding in the middle of a 80kph road at night no lights?

  • barbara38911@aol.com

    Idiot!! The kid is dead due to her vehicle hitting him. What altered reality do you live in???

  • barbara38911@aol.com

    You are an unfeeling, uncaring moron.

  • Diesel Dudee

    Hopefully you are dead by now, Due to talking shit about a kid that passed VERY young. People like you, Should play with fire in a commercial sized meth lab, So there is no chance of survival and so you die a PAINFUL death, Bitch ass fucker.

  • Diesel Dudee

    Go play with your pussy and pretend your life means something, Tranny faggot.

  • Diesel Dudee

    Go play with your pussy and pretend your life means something, Tranny faggot!

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