Bells
Staff member
Some would say that I've seen and heard a lot in legal circles. And sadly I have. We have all heard of the ridiculous and stupid lawsuits that some individuals try to bring. We have all laughed about it, we have all shaken our heads with dismay and very often, disgust. I can say with certainty that it is rare that something will surprise me. Sadly, today is that day.
Firstly, some background..
On the 28th of October, 2012, 17 year old Brandon Majewski was riding his bike down a road in the town of Innisfil, Ontario, along with two of his friends, Richard McLean, 16 and Jake Roberts, also 16 years old. It was 1am and they were riding home after grabbing a bite to eat. Nothing unusual there. They had normal reflectors on the backs of their bikes (one witness who happened on the scene and who applied first aid reported seeing the reflectors on the road), however they were not wearing bike helmets but were wearing dark clothing. Again, nothing unusual there.
Sharlene Simon was driving an SUV down the same road, with her husband, Jules Simon, a York Regional Police officer, following in a car behind her.
Sharlene apparently did not see the 3 bike riders and struck them from behind. She was driving at 90kph on the 80kph stretch of road, a fact she admitted to investigators. Brandon Majewski died 2 hours later of his injuries and Richard McLean suffered multiple broken bones, including a broken pelvis and internal injuries while Jake Roberts suffered minor injuries.
Alcohol was apparently not suspected and soon after the police arrived at the scene of the accident, Sharlene, along with her husband were allowed to proceed on home. The same could not be said for the drivers who happened on the scene immediately after the accident.
Witnesses who happened upon the crash immediately after it happened and who rendered first aid to the boys and had desperately tried to save Brandon speak of the horror of that night, and of having to remain at the scene until 5:30am while police conducted their investigations. They were surprised that the driver who struck them were allowed to leave the scene soon after police arrived. Since alcohol was not suspected, one could presume that no blood test was done on Mrs Simon after the crash. One witness who had started first aid on Brandon recalled how Jules Simon, the husband of the driver, had rushed to her appearing panicked and asked the name of the road as he was calling for help and she recalled that she never saw him again, as he left.
Melanie Lachance is still haunted by that night, but she is also puzzled as to how Sharlene Simon and her police officer husband were allowed to leave the scene while she was made to stay there by the police for hours as they conducted their investigations.
Sharlene was not charged for the accident or the injury or deaths. The investigations concluded that lack of visibility on the dark night meant that this was a tragic accident.
Now here is where this story gets uglier.
The claim also states that 'her enjoyment of life has been and will be lessened'..
And it gets worse.. The family's lawyers are also confused and surprised by what they are trying to claim in the law suit. The victim's family woes and horror do not end with Sharlene Simon..
The family of the boys are understandably horrified and angry by this turn of events. They are now countersuing her for $900,000 for speeding and possibly being intoxicated or talking on her phone when she hit the three boys on their bikes.
The law should never be used to enrich or to profit from crime. While Sharlene Simon was never charged for the accident, to attempt to sue the estate of the deceased boy and his friends she injured, one terribly injured, reeks of trying to benefit from this horrendous accident. For her husband to also sue is deplorable in my opinion.
Many questions remain as to how or why they were both allowed to leave the scene of the accident while witnesses who had given first aid were made to stay for hours, just as questions remain about how or why her police officer husband was following her in his car that night or what she was doing just before she hit them with her car. Questions also remain about whether she was intoxicated since no tests were done as the police advised they did not suspect alcohol was a factor.. but what about drugs? No blood tests? No breath test? Instead she gets to go home so quickly without even being questioned?
Comments in some of the articles linked blame the police for this.. the 'blue wall'.. because she was treated differently at the scene of the accident. One can only assume that is because her husband is a police officer. Since she and her husband have tried to sue the victims family, petitions have sprung up requesting she be properly investigated. And with due cause.. Whether the 'blue wall' factored in on this case or not remains unknown, but I can't deny that it smells bad.
It's cases like this one that turns the law into the mockery it has become. While the need for reform remains high, as long as cases such as this one continues to clog the legal system, and as long as people see the courts as a sort of lottery system, I don't see much being done to fix what desperately needs to be broken.
Firstly, some background..
On the 28th of October, 2012, 17 year old Brandon Majewski was riding his bike down a road in the town of Innisfil, Ontario, along with two of his friends, Richard McLean, 16 and Jake Roberts, also 16 years old. It was 1am and they were riding home after grabbing a bite to eat. Nothing unusual there. They had normal reflectors on the backs of their bikes (one witness who happened on the scene and who applied first aid reported seeing the reflectors on the road), however they were not wearing bike helmets but were wearing dark clothing. Again, nothing unusual there.
Sharlene Simon was driving an SUV down the same road, with her husband, Jules Simon, a York Regional Police officer, following in a car behind her.
Sharlene apparently did not see the 3 bike riders and struck them from behind. She was driving at 90kph on the 80kph stretch of road, a fact she admitted to investigators. Brandon Majewski died 2 hours later of his injuries and Richard McLean suffered multiple broken bones, including a broken pelvis and internal injuries while Jake Roberts suffered minor injuries.
Alcohol was apparently not suspected and soon after the police arrived at the scene of the accident, Sharlene, along with her husband were allowed to proceed on home. The same could not be said for the drivers who happened on the scene immediately after the accident.
Witnesses who happened upon the crash immediately after it happened and who rendered first aid to the boys and had desperately tried to save Brandon speak of the horror of that night, and of having to remain at the scene until 5:30am while police conducted their investigations. They were surprised that the driver who struck them were allowed to leave the scene soon after police arrived. Since alcohol was not suspected, one could presume that no blood test was done on Mrs Simon after the crash. One witness who had started first aid on Brandon recalled how Jules Simon, the husband of the driver, had rushed to her appearing panicked and asked the name of the road as he was calling for help and she recalled that she never saw him again, as he left.
She says she recalls the driver’s “husband” suddenly appeared frantic at the side of the road and asked her their location so he could call police. She told him and he walked back to his wife’s vehicle.
“Then he was gone,” Lachance said. “I never saw him again.”
“Then he was gone,” Lachance said. “I never saw him again.”
Melanie Lachance is still haunted by that night, but she is also puzzled as to how Sharlene Simon and her police officer husband were allowed to leave the scene while she was made to stay there by the police for hours as they conducted their investigations.
Sharlene was not charged for the accident or the injury or deaths. The investigations concluded that lack of visibility on the dark night meant that this was a tragic accident.
Now here is where this story gets uglier.
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.
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.
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.
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.
The claim also states that 'her enjoyment of life has been and will be lessened'..
And it gets worse.. The family's lawyers are also confused and surprised by what they are trying to claim in the law suit. The victim's family woes and horror do not end with Sharlene Simon..
Even more confusing Cameron said, is the fact that the woman’s husband, Jules Simon, a York Regional Police officer, is also suing for $100,000 for damages and expenses incurred because of his wife’s suffering.
According to the police report and court documents, Jules Simon was following his wife in another vehicle the night of tragedy. But Cameron doesn’t know why he was following her, or where they were coming from.
According to the police report and court documents, Jules Simon was following his wife in another vehicle the night of tragedy. But Cameron doesn’t know why he was following her, or where they were coming from.
The family of the boys are understandably horrified and angry by this turn of events. They are now countersuing her for $900,000 for speeding and possibly being intoxicated or talking on her phone when she hit the three boys on their bikes.
The law should never be used to enrich or to profit from crime. While Sharlene Simon was never charged for the accident, to attempt to sue the estate of the deceased boy and his friends she injured, one terribly injured, reeks of trying to benefit from this horrendous accident. For her husband to also sue is deplorable in my opinion.
Many questions remain as to how or why they were both allowed to leave the scene of the accident while witnesses who had given first aid were made to stay for hours, just as questions remain about how or why her police officer husband was following her in his car that night or what she was doing just before she hit them with her car. Questions also remain about whether she was intoxicated since no tests were done as the police advised they did not suspect alcohol was a factor.. but what about drugs? No blood tests? No breath test? Instead she gets to go home so quickly without even being questioned?
Comments in some of the articles linked blame the police for this.. the 'blue wall'.. because she was treated differently at the scene of the accident. One can only assume that is because her husband is a police officer. Since she and her husband have tried to sue the victims family, petitions have sprung up requesting she be properly investigated. And with due cause.. Whether the 'blue wall' factored in on this case or not remains unknown, but I can't deny that it smells bad.
It's cases like this one that turns the law into the mockery it has become. While the need for reform remains high, as long as cases such as this one continues to clog the legal system, and as long as people see the courts as a sort of lottery system, I don't see much being done to fix what desperately needs to be broken.
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