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Driver Kills Teen Cyclist, Sues His Family

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A woman is suing the family of a Canadian teen boy who she killed in an accident with her SUV.

You may have seen this reported on other media (this story first surfaced in the National Post), but we feel it deserves the attention.

The accident that killed 17-year-old Brandon Majewski happened when he and two friends were returning home by bicycle at about 1:30 a.m. on Oct. 28, 2012, on a dark, rural road about 55 miles north of Toronto, according to the National Post, a Canadian news outlet that combines reports from several regional newspapers.

Brandon was struck from behind by an SUV driven by Sharlene Simon, 42, of Innisfil, Canada. She also hit both his companions. Richard McLean, 16, was seriously injured with a broken pelvis and other bones. Jake Roberts, 16, was knocked off his bike but sustained only scratches.

Brandon Majewski was struck by an SUV on his bike in 2012

The boys were riding three abreast and, according to various reports, wearing dark clothing with minimal reflectivity and no lights.

It is important to note that Simon is also being sued by the families of the accident victims and that neither of the suits has yet been adjudicated. It’s not clear from multiple news reports which suit landed in court first.

Lawyer Brian Cameron, acting for the victims’ families, told QMI Agency their suit was mainly to recover medical and funeral costs.

Regardless, the news of the lawsuit shocked the father of the dead teen.

“I feel like someone kicked me in the stomach — I’m over the edge,” the dead boy’s father, Derek Majewski, told the Toronto Sun, after he learned of the lawsuit. “Sometimes, it makes my blood boil.”

Simon, a mother of three, is suing the dead boy for the emotional trauma she says she suffered. She is also suing the two other injured boys, the dead boy’s parents and his brother, who has since died, and the County of Simcoe, Ontario, for failing to maintain the road.

According to the report in the Toronto Sun, even the family’s lawyer is in shock.

“In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed,” lawyer Brian Cameron said. “It’s beyond the pale.”

In a statement of claim filed with the Ontario Superior Court last December, 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.”

Simon’s lawyer did not respond to a request for comment from the Toronto Sun Friday. According to a report in the Huffington Post, Majewski’s family is countersuing the driver for $900,000. Derek Majewski claims Simon was speeding, under the influence, or texting at the time of the accident. —Sean McCoy

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