Driver sues estate of Alcona teen she struck, killed
Matthew Talbot, CTV Barrie
Published Saturday, April 26, 2014 12:30PM EDT
Last Updated Saturday, April 26, 2014 7:23PM EDT
A woman who hit and killed a teen 18 months ago is suing his estate for more than $1 million.
Sharlene Simon has launched a suit against the estate of Brandon Majewski, who she hit and killed in 2012 along Innisfil Beach Road.
Majewski, 17, had been riding with two 16-year-old friends at about 1:30 a.m. October 28 when they were hit by a vehicle. Majewski was killed and one of the other teens was badly hurt.
Now the driver of that vehicle, 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 been unable to return to work since the collision. She has been diagnosed with post-traumatic stress disorder. She is also a victim.”
In a statement, Ellis says his client “relives the terror of this incident every day.”
Ellis says a police investigation exonerated Simon and says the collision was "a complete tragedy".
"They were riding in the middle of an unlit road at 1:30 a.m. Their bicycles were not properly illuminated, nor did they have the proper reflectors," he says. “While everyone should feel sympathy and compassion for the families of the cyclists, we must also remember that there is another family who is hurting as well."
South Simcoe Police tells CTV News on Saturday, there were no charges filed against Simon and says there was no wrong-doing on her part when the crash was reviewed by the Crown.
"We review all fatal collisions with our Crown Attorney's office. Based on the review of this collision, there was no reasonable prospect of a conviction on any charges," Staff Sgt. Steve Wilson says.
The lawyer representing Majewski and his family says he was “shocked” when he received the claim.
“In my 14 years of doing this … I’ve never seen this,” Brian Cameron tells CTV News. “It’s a very strange case that’s caused the family additional pain.”
Cameron says Simon is suing Majewski’s estate for more than $1 million, but that estate isn’t “worth any money.”
When a person or their estate is sued, there is usually insurance that will cover paying any judgment, but “there is no money to be gained from suing Brandon,” says Cameron.
“He didn’t have anything. He was just a normal kid.”
Cameron, who isn’t defending Majewski in the claim from Simon, but is representing him and his family, says he suspects the claim will go undefended.
“I don’t think Brandon has any insurance or anybody who will defend him,” he says.
Meanwhile, Majewski’s family is suing Simon, alleging she was speeding, may have been impaired, and may have been talking on a cell phone.
Neither claim has been proven in court. A court date hasn't been set.
For now, Cameron says the family is just struggling to “understand why their son is a defendant in this action.”