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  1. #1
    Lord of Swine
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    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.

    Fatal crash driver sues dead victim’s family for emotional suffering | News.com.au

  2. #2
    Thailand Expat
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    Only in America

  3. #3
    Philippine Expat Davis Knowlton's Avatar
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    ^Canada......................not that it matters.

  4. #4
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    Bloody heck.

  5. #5
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    I'm sure she filed the lawsuit to try and get them to pull theirs.

    Sounds like no-one has a case.

    You can't allege someone was intoxicated just because you feel like it.

  6. #6
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    Quote Originally Posted by Davis Knowlton View Post
    ^Canada......................not that it matters.

    Isn't Canada in North America?

  7. #7
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    Canadians are just educated Septics.

  8. #8
    Philippine Expat Davis Knowlton's Avatar
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    Quote Originally Posted by Kurgen View Post
    Canadians are just educated Septics.
    Socal, that Beiber fella and the drug addict, drunk mayor being just three examples that spring to mind..................

  9. #9
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  10. #10
    Philippine Expat Davis Knowlton's Avatar
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    ^Ok, I admit they have cheap plastic surgery up there.

  11. #11
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    Quote Originally Posted by palexxxx View Post
    Only in America
    Sure....
    Almost expected.

  12. #12
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    Quote Originally Posted by Necron99
    In a statement of claim filed in a Canadian court,
    As soon as I read the headline, I thought 'this sounds like something that would happen in Canada'. Laws like this have been passed so that criminals have even more rights and victims even less.

    Quote Originally Posted by palexxxx
    Only in America
    Nope. This has been the way in Canada for a few decades now.

    Quote Originally Posted by Kurgen
    Canadians are just educated
    ?????

  13. #13
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    Quote Originally Posted by Davis Knowlton
    Socal, that Beiber fella and the drug addict, drunk mayor being just three examples that spring to mind..................

  14. #14
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    Quote Originally Posted by natalie8
    As soon as I read the headline, I thought 'this sounds like something that would happen in Canada'. Laws like this have been passed so that criminals have even more rights and victims even less.
    To be fair, and I hate the legal mongering as much as the next person, but we don't really know the full story. The woman wasn't charged with culpable driving, so it must have been an 'accident', so what were the boys doing riding their bikes on the road? Did they have lights? Were they sober? Why were 3 teenagers able to be hit by a car being driven lawfully?

    It could well be this woman's life has been ruined due to kids mucking about on the road in the middle of the night.

  15. #15
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    10 kms over the limit is not lawful.

  16. #16
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    Quote Originally Posted by palexxxx View Post
    Only in America
    Quote Originally Posted by palexxxx View Post
    Quote Originally Posted by Davis Knowlton View Post
    ^Canada......................not that it matters.

    Isn't Canada in North America?
    Yes but the single word America also includes Chile, or so a Chilean friend of mine used to tell me.

    As no legal charges were filed and essentially thereby being acquitted Simon new the parent's would file a civil suit so she beat them to the punch with some trumped up psychological suffering to avoid the O.J. Simpson syndrome. No mention of the suffering the parents feel.
    Last edited by VocalNeal; 27-04-2014 at 06:26 PM.
    Better to think inside the pub, than outside the box?
    I apologize if any offence was caused. unless it was intended.
    You people, you think I know feck nothing; I tell you: I know feck all
    Those who cannot change their mind, cannot change anything.

  17. #17
    Thailand Expat
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    Quote Originally Posted by kingwilly
    10 kms over the limit is not lawful.
    Wasn't that only alleged? or it's in the police report that she 'might' have been going as fast as 90?

    Anyway, technically driving over the speed limit in a non-culpable manner is lawful. It's just not legal.

    I suppose the courts will decide if she was driving lawfully or not. If she was driving illegal she'd already be charged especially considering she killed somebody.

  18. #18
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    FFS She killed a kid end of story.

  19. #19
    Thailand Expat
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    Quote Originally Posted by bobo746
    FFS She killed a kid end of story.
    Maybe the kid killed himself, that's what I'm saying. If she was reckless and killed a kid why was she let go with no charges or even a fine?

    If you're cruising along the highway at 110 kph and a roo jumps in front of you and causes an unavoidable collision, is it your fault and should you be punished for killing a kangaroo?

  20. #20
    disturbance in the Turnip baldrick's Avatar
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    Quote Originally Posted by Davis Knowlton
    that Beiber fella
    serious ? it's a bloke ?

    it is a girl that wears her hair short surely

  21. #21
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    Quote Originally Posted by 9999
    should you be punished for killing a kangaroo?
    F--K NO i'd sue the kangaroo for emotional stress.

  22. #22
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    Quote Originally Posted by 9999 View Post
    Anyway, technically driving over the speed limit in a non-culpable manner is lawful.
    It's just not legal.

  23. #23
    Thailand Expat
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    Quote Originally Posted by bobo746
    F--K NO i'd sue the kangaroo for emotional stress.
    What are you smoking bro? I want some of your stash coz this 2nd grade commercial cambo shit isn't doing it...

    On the other car accident thread you say the space wasting bitch deserves to die for a little facebook driving, but your heart bleeds for some derelict teenager skylarking about on roads late at night, likely drunk with no lights or helmet, that threw himself into a law abiding motorist and caused her so much stress that the poor woman is bed ridden...

    Yep you got the shit no need to hold out.

  24. #24
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    Quote Originally Posted by 9999
    What are you smoking bro?
    Pak Thong Chai madness

  25. #25
    Philippine Expat Davis Knowlton's Avatar
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    Quote Originally Posted by baldrick View Post
    Quote Originally Posted by Davis Knowlton
    that Beiber fella
    serious ? it's a bloke ?

    it is a girl that wears her hair short surely
    From the hair/face = girl. But I once had the misfortune to open a news story that included some pictures of "celebs" being booked and otherwise. From the no shirt upper body, albeit covered with stupid ink, it appears to either be a scrawny male or an ugly, scrawny female without boobs.

    Your guess is as good as mine....

    I will try to reflect on the question............never.

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