Fatal crash driver sues dead victim’s family for emotional suffering
A WOMAN who hit three teenage boys on bikes while driving, killing one and injuring the other two, is suing the dead teen for the emotional trauma she suffered.
Mother-of-three Sharlene Simon, 42, is also suing the other two boys and the dead boy’s family for $AU1.3 million in damages due to her psychological suffering, including depression, anxiety, irritability and post-traumatic stress.
The claim follows the accident which killed 17-year-old Brandon Majewski when Ms Simon struck him from behind in her SUV as he rode along the Innisfil Beach Rd on October 28, 2012 about 1.30am.
Brandon’s mate Richard McLean, 16, was seriously injured in the crash, breaking multiple bones including his pelvis. Another friend 16-year-old Jake Roberts was knocked off his bike but luckily escaped with only scratches.
In a statement of claim filed in a Canadian court, Ms Simon blames the boys for negligence, the Toronto Sun reports.
“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”
Ms Simon is also suing the County of Simcoe for failing to maintain the road.
Brandon’s mother Venetta Mlynczyk told the Toronto Sun she was devastated by the lawsuit.
“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,” she said.
Ms Simon was not charged over the accident but a police reports says she was travelling at 90km/h in an 80km/h zone.
She told police she did not see the teenagers or any reflectors on their bicycles.
Brandon’s family is also suing Ms Simon over the accident, alleging she was speeding and may have been intoxicated and talking on her phone.
Both parties claims have not been tested in court
http://www.news.com.au/world/fatal-crash-driver-sues-dead-victims-family-for-emotional-suffering/sto...
