Driver Who Fatally Hit Teen Cyclist Sues Victim’s Family For “Emotional Distress”

Heartbreak turned to outrage when the family of a boy who was hit and killed while riding his bike received a lawsuit from the driver who had killed him.

According to the lawsuit, the incident has been very stressful for the woman responsible and she wants compensation for emotional damages… specifically, from the family whose son had just died.

“I feel like someone kicked me in the stomach — I’m over the edge,” the dead boy’s father, Derek Majewski, said. “Sometimes, it makes my blood boil.” [source]

The accident itself was a series calamitous events that eventually led to the tragic ending.

As it got dark, Brandon Majewski and two of his friends began biking to a nearby restaurant to grab some hot dogs. At the same time Sharlene Simon, was driving down the same darkened country road outside of Toronto. Coming around a bend, she came onto the three cyclists and couldn’t stop in time to avoid hitting them. All three boys were struck by the SUV, but Brandon took the brunt of it. He was thrown over the hood of the car and died a short time later. One of his friends was seriously injured with multiple broken bones. The other friend somehow walked away with just scrapes and bruises.

Police at the scene (including, somewhat problematically, Simon’s husband) ruled it an accident, noting the poor visibility and rain-slick roads.

It was a terrible situation, and the family of Brandon were left to grieve.

But that is when they received notice of a lawsuit filed against them.

Simon had decided to sue just about everybody she could think of regarding that night. She’s suing the two surviving boys, the parents of Brandon, and also the County of Simcoe for not maintaining the roads. The case against her county might be legitimate, but against a dead child? It’s almost unprecedented.

The case has baffled even the long time lawyer of the Majewski family.

In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed,” Barrie lawyer Brian Cameron said. “It’s beyond the pale. I just couldn’t bring myself to tell them on the phone.”

Simon is asking for $1.35 million in damages due to “depression, anxiety, irritability and post-traumatic stress.”

Simon’s lawyer says that his client has received lots of criticism since news broke that she would be suing her victim, but that it is the right thing to do.

“It’s a tragedy what happened to the boys but it’s also a tragedy that’s happened to (Simon),” he said, adding she has been diagnosed with post-traumatic stress disorder and is unable to work.

“I understand their grief and I understand what they must be going through is awful but my client is also living with this nightmare every day.” [source]