Driver sues estate of Ontario teen she struck, killed
Published Saturday, April 26, 2014 1:16PM EDT
Last Updated Saturday, April 26, 2014 3:06PM EDT
A woman who struck and killed an Ontario boy with her vehicle in 2012 is suing the estate of the dead teen for more than $1 million.
Brandon Majewski died after being struck by a vehicle on a road about 90 kilometres north of Toronto, while cycling with two friends during the early-morning hours of Oct. 28, 2012. He was 17.
Now the driver of that vehicle, Sharlene Simon, has launched a lawsuit against Majewski’s estate, as well as his two friends who were with him that night. She is also suing the County of Simcoe, where the incident occurred, for failing to maintain the road where Majewski was struck.
According to the statement of claim, the lawsuit seeks $1.35 million in damages for the "great pain and suffering" Simon has endured since the incident. Simon's suit is a countersuit to one levelled against her by Majewski's family.
According to her lawyer, Michael Ellis, Simon has since been diagnosed with post-traumatic stress disorder and is no longer able to work. The statement of claim says that she suffers from headaches, depression, irritability, anxiety and severe emotional discomfort and trauma.
"She relives the terror of this incident every day. Ms. Simon has been unable to return to work since the collision. She has been diagnosed with post-traumatic stress disorder. She is also a victim," Ellis said in a statement.
The statement alleges that the three boys were not riding in a "prudent" manner, and were not "properly illuminated" on the night of the incident.
"An independent accident reconstruction completed by law enforcement officials found that there was nothing Ms. Simon could have done to avoid the collision," the statement said.
The lawyer representing Majewski's family said his clients were shocked to receive notice of the suit.
"In my 14 years of doing this, I've unfortunately represented far too many people who have lost children being hit by motorists, (and) I've never seen this," lawyer Brian Cameron told CTV News Channel. "I've never even heard of this … I was shocked when I got the claim."
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.
None of the claims in either of the lawsuits have been proven in court.