The family of a teenager who was tragically killed while riding on a dark road with his two friends, is being sued by the driver of the SUV that killed him.
The Canadian woman, who hit all three of the cyclists, injuring them to various degrees, has reportedly filed a lawsuit for $1.3 million for the emotional distress caused to her as a result of the incident.
Sharlene Simon was driving in her SUV with two friends at 1:30 am on October 28, 2012 when she accidentally struck the three cyclists, killing Brandon Majewski who was just 17 at the time of the accident.
As well as going to the extraordinary measure of suing the Majewski family, Simon, a mother of three, has also filed suit against the other two cyclists, Richard McLean and Jake Roberts, both aged 16, who she also injured, claiming “psychological suffering, depression, anxiety, irritability and post-traumatic stress,” as a result of the accident.
Simon claims that the boys are to blame for the deadly accident alleging that: “They did not apply their brakes properly… They were incompetent bicyclists,” according to her words. Lawyers for the Majewski family expressed shock to reporters at the lawsuit being filed against his clients.
The lawyer, Brian Cameron, said: “In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed. It’s beyond the pale. I just couldn’t bring myself to tell them on the phone.”
Cameron decided to meet with the Majewski family face to face at his office in order to break the unfortunate news about the lawsuit.
Brandon’s mother, Venetta Mlynczyk, said: “I’m devastated, I’m in shock. She killed my child and now she wants to profit from 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.”
Michael Ellis, Simon’s lawyer, is claiming that she is so traumatized herself from the accident that she has been unable to return to work.
Ellis said in a statement: “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.”
The outcome of the lawsuit filed against the cyclists and their families is not certain. Although initial reaction from the families to such a claim is obviously shock and surprise, Simon’s case is not without merit. As the law teams on both sides prepare for their day in court, the only certainty is that there will be traumatic days ahead for all involved.