October, 2012
Three friends were riding their bicycles late one night, when they were hit from behind by an SUV. The SUV driver is now suing the family of one of the victims of that accident. Unbelievable…

Sharlene Simon – the lawyer of the SUV driver states in her claim filed in Ontario Superior Court: “has sustained and will sustain great pain and suffering,” including “a severe shock to her system” as a result of the car accident, “…her enjoyment of life has been and will be lessened,” the document says. Also, two other cyclists who were involved in the crash and the County of Simcoe are also named in the $1.35-million suit.

Brandon Majewski was 17 years old when, with his 16-year-old friends Richard McLean and Jake Roberts, they rode their bikes to a coffee shop late at night. They were getting back home about 1:30 a.m. when were hit from behind by a black SUV driven by Sharlene Simon. Brandon took the most of the hit and was thrown over the car. He was still alive when the ambulance arrived. After sturdy efforts at struggling for his life, he died about two hours later at the Royal Victoria Health Centre in Barrie.

Richard McLean’s spent weeks recovering from his injuries in St. Michael’s Hospital in downtown Toronto after he was struck. Jake Roberts fortunately was not seriously injured.

A collision-reconstruction team investigated the motor vehicle accident ended up with a 26-page report. The report states that “lack of visibility was the largest contributing factor,” and “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.” The police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”

But Derek Majewski – Brandon’s father, was utterly astonished when he learned that, as per his words, “my dead son and the boys are being sued by the woman that killed him because she is distraught.”
“Normally, I would not react like this,” he replied Postmedia in an email, “but I think it’s very cruel.”
It was a very hard strike for the Majewski family. Brandon’s older borther Devon had taken brother’ death particularly hard. He died in his sleep from a combination of pharmaceuticals and alcohol about six months after the accident.

Derek Majewski and his ex-wife, Venetta Mlynczyk, have raising questions about the quality of the investigation conducted. They believe that it was their fault because only two of the bikes had the so called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.

Venetta Mlynczyk complained to the Office of the Independent Police Review Director. She alleged that one of the investigators from South Simcoe was a friend of Simon’s husband’s, Jules Simon, that the investigation was biased. The complaint returned back to the South Simcoe force for investigation. In a report released in September 2013, it was concluded that the allegation of discreditable conduct was unsubstantiated.

It was also confirmed that Simon, who admitted driving at above 10 km/h over limit, wasn’t requested to take a breathalyzer test because of no grounds for that. A roadside screening device was administered “out of an abundance for caution,” stated in the report, and “zero alcohol content in her blood system” registered. The report didn’t address what Majewski says South Simcoe police told him – Sharlene Simon’s husband had been following her home on the night in question. Neither Jules Simon nor Michael Ellis – his wife’s lawyer, respond to requests sent to them.

Majewski, Mlynczyk, 2 other cyclists and their parents are also suing the Simons’ and Simcoe County for a total of 900,000 dollars. Sharlene Simon was speeding, under the influence or using a handheld device at the time of the car accident, and her husband allowed her to drive when “he knew or ought to have known” she was not in condition, as they claim in their suit.

However, the Majewski-Mlynczyk statement of claim filed in March, is much more understandable and making sense: whatever else, their son was killed.
But Sharlene Simon, Jules Simon her mother and her three children are suing Brandons and the other teens involved. “Her enjoyment of life has been irretrievably lessened.” It is hard to enjoy your life when you killed someone… Hopefully those moneys she is trying to get from the victims’ families will help her.

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