Driver sues cyclist *she killed* for $1.35 million in damages

Toronto Sun

- Still in the throes of agony from losing their son in a vehicle crash, the parents of young Brandon Majewski are now reeling after they learned the woman who struck and killed him is suing their dead child.

...

Brandon was struck from behind by an SUV and killed while his friend Richard McLean, 16, was seriously injured with a broken pelvis and other bones. His other pal Jake Roberts, 16, was knocked off his bike but sustained only scratches.

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In a statement of claim filed with the court, Simon is claiming $1.35 million in damages due to her psychological suffering, including depression, anxiety, irritability and post-traumatic stress. She blames the boys for negligence.

“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

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A South Simcoe Police report shows Simon admitted that she was driving at 90 km/h in an 80 km/h zone on the two-lane road. She claims she didn’t see the boys or any of the orange-red pedal reflectors. The impact of the collision cracked the windshield of her SUV, dented the bumper, a headlight was busted, the roof where Brandon hit was dented and scratched and a side mirror dangled by its wires.

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Permalink Reply by Sarah D. on April 28, 2014 at 9:40am

Anytime.

Kevin C said:

Thank you for reminding me why I don't usually comment on these types of threads. 

Permalink Reply by David Barish on April 28, 2014 at 10:04am


You may not hear from lawyers with much soon. We are trained not to say anything until we know anything and at present we don't know enough other than there was an accident. We tend not to speculate, or at least we don't do so out loud. . As regards the "counter-suit" we don't know much about that either. I will say that making claims back and forth is all part of the process and I don't put a lot of meaning it until it all sorts out. I will say that my interest is peaked and I want to know what happened and what will happen with the litigation.  I don't know who is right, who is wrong, who is greedy and who is just doing their job. I will sit and wait until we know more. I might spout off then.


dan brown said:

i am not a lawyer (nor a famous author) but I would guess this is good  bait for a counter-suit.

any lawyers in the house ???

Permalink Reply by Anne Alt on April 30, 2014 at 6:09am

Fair response. We all hate to hear about cyclists being killed by drivers. It's natural to want to vent that frustration. That being said, there's a lot we DO NOT KNOW about the facts of this case. I hate the very idea of this lawsuit, but I couldn't fairly express an opinion on what is or isn't fair about it until there are more facts available.

David Barish said:


You may not hear from lawyers with much soon. We are trained not to say anything until we know anything and at present we don't know enough other than there was an accident. We tend not to speculate, or at least we don't do so out loud. . As regards the "counter-suit" we don't know much about that either. I will say that making claims back and forth is all part of the process and I don't put a lot of meaning it until it all sorts out. I will say that my interest is peaked and I want to know what happened and what will happen with the litigation.  I don't know who is right, who is wrong, who is greedy and who is just doing their job. I will sit and wait until we know more. I might spout off then.

Permalink Reply by Drewbacca on April 30, 2014 at 8:51am

Thank goodness we have a free-press, that can speculate invite speculation until they are blue in the face. 


David Barish said:


You may not hear from lawyers with much soon. We are trained not to say anything until we know anything and at present we don't know enough other than there was an accident. We tend not to speculate, or at least we don't do so out loud.  

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