Canadian Female Motorist Who Killed Teen Bike Rider Suing His Estate

Canadian Female Motorist Who Killed Teen Bike Rider Suing His Estate

Canadian Female Motorist Who Killed Teen Bike Rider Suing His Estate

In a shocking turn of events, a Canadian female motorist who hit and killed a teenage bicycle rider 18 months ago has reported to be suing the estate of the deceased boy for over $1 million. A statement of claim that was filed in the Ontario Superior Court in December of 2013 by Sharlene Simon’s attorney read that the woman had received a great deal of suffering and pain along with a serious shock to her system because of the crash.

The document even stated that Simon’s enjoyment of life had and will continue to be lessened.

There were two other teenagers with the late Brandon Majewski when Simon’s black SUV smashed into the trio. They are also named in the $1 million plus suit, along with the Canadian county of Simcoe, which is in charge of road maintenance in the town of Innisfil, which is around 80 kilometers to the north of Toronto.

Majewski, age 17, was with his friends Jake Roberts and Richard McLean, both age 16, when the three boys decided to ride their bikes to a coffee shop late one autumn weekend night. They were attempting to return home around 1:30 A.M. on Oct. 28, 2012, riding on the paved two lane rural road, when they were struck from behind by Simon’s Kia.

Brandon ended up taking most of the impact, and was tossed up over the roof of the SUV. The teen was just barely clinging to life when paramedics arrived, and in spite of dynamic efforts at resuscitation, he was pronounced as dead around two hours later at a nearby hospital. McLean’s bike was struck at the same time and he had to be transferred to a hospital in Toronto after he was stabilized. He ended up spending weeks convalescing from his injuries. Roberts was knocked to the ground but was not seriously injured.

Canadian police stated through a report that Simon did not see the teenagers on the roadway and could not make an evasive response. They also explained that a local prosecutor declared that there was no reasonable outlook of getting any kind of conviction against Simon and no charges should be made.

So Brandon’s father, Derek Majewski, was shocked this week when he left his attorney Brian Cameron’s office after having been told that his dead son and the teenagers with him were being sued by the woman that had killed him because she was distraught. He stated he felt it was very cruel of her.

The death of their son has devastated the Majewski family. Around seven months after Brandon’s death, his oldest brother Devon, who had really suffered from Brandon’s death, ended up dying himself in his sleep from a mixture of alcohol and pharmaceuticals

The Majewski family believes the entire investigation was flawed. They mainly think the boys were blamed for the accident because just two of the bikes had decent reflectors and because they had on dark clothes. They also did not have on helmets.

The report also read that Simon, who admitted to driving around 90 km/h, which is above the 80 km/h speed limit, did not take a breathalyzer test because police stated there were not any grounds to request one. They did give her a roadside screening test because of legalities and registered that there was zero alcohol content in her blood stream.

So now Sharlene Simon and her family believe she has went through the trouble to be able to sue Brandon Majewski’s estate along with the boys who were also with him that terrible night. Simon actually believes she has a case against the estate of the teenaged bicycle rider she hit and killed 18 months ago.

By Kimberly Ruble


The Toronto Sun

The Province News

The Huffington Post

25 thoughts on “Canadian Female Motorist Who Killed Teen Bike Rider Suing His Estate

  1. It is unfathomable this woman would sue. It is also insane for 16 year old kids to be out at 1:30 in the morning. The blood rests on the delinquent parents as well. I speak from experience having set reasonable rules for my almost 17 year old daughter.

    1. Well aren’t you just the perfect end-all be-all of good parenting? Yeah, I’m sure your perfect little princess never did ANYTHING behind your back. I had really good parents and hardly ever did anything wrong (never drank in high school, snuck out a couple times but stayed within the neighborhood, never did drugs) but I still lied to them about where I was and did other stupid kid things. Don’t act like this is all their fault when they might not have even known that the boys were out. Especially with teenagers, the tighter the leash the harder they fight. Hope you don’t break anything when you fall off that high horse.

  2. Hi Tina, where did you read this, all the reports I’ve read from different news sources all state they were riding 3 abreast on the road. Anyway if you are right then we get back to a police cover up because if they are on the side of the road as you state of course she would have been charged. But she wasn’t so do you think all the police in this case are lying to protect her because she is a cops wife? Sorry I just don’t buy that.

  3. In a way, I will agree with Dwayne in the insurance company. They will look out for themselves. I know first hand of that but that is another story. This is an extremely tragic story. I sit here and read some of the comments, wow. I hope the judge on this does the right thing. This is just morally wrong.

  4. Todd, I agree we need to put emotions aside. Why was she not charged? Why after a year and a half is the family now sueing. And please where did you find the Canadian law that says you are allowed to ride a bike in the middle of a rural highway, remember this is not a city street it’s a highway, not a interstate but still a highway with a 80kmh/50mph speed limit, it would seem to me that such a law allowing bikes to be in the middle of highway would be ludacris at best.

  5. So you think this womens cop husband banded together with the officers who arrived at the scene who conspired with the ambulance drivers and everyone who was invovled with the 26 page investigation to cover up a drunk driving fatality? Really? Sorry I’m not trying be combative but come on people there’s no way in this day and age of anti drinking and driving that there is even the remotest possibility of getting away with covering up a drunk driving fatilty. It didn’t happen.

  6. Her police officer husband was following her. That could be grounds for a cover up. Had he not been there, would the police breathalyzed her? Probably.

  7. Ah yes out come the conspiracy theorists…lol Do you know how many police would be involved to cover up a drunk driving fatality? For crying out loud screw your heads back on, she was not drunk or texting. Mrs. Simons went to her lawyer because after 18 months , she was slapped with a $900,000 law suit, what would you do? And who do you think would pay said $900,000, she was in a car so her insurance would have to pay and believe me the insurance company is going to protect themselves ,hence the amount being asked for, do you think Mrs. Simoms came up with 1.35 mil? No it was her insurance company. That’s what this is nothing more. Very distasteful because of the circumstances but suits and counter suits happen all the time in driving accidents, nothing new.

  8. You clearly don’t know anything either haha. She was drunk and texting. She should rot in a jail cell for the rest of her life and the family of the boys should be compensated fully

  9. This woman is absolutely disgusting. What the family will live with for the rest of their lives is far more terrifying then anything she can even fathom. No one will ever understand these kinds of tragedies unless you go threw them personally. Humanity has me at a loss sometimes.

  10. Don’t get me wrong I feel bad for the family but their suit against her and the county because they believe there is a police cover up, that she was drunk and or texting is just as abusive.

    1. How dare you. You have your son killed by a drunk driver and lets see who’s side you take then.

  11. Average Joe, it’s a counter suit filed by her lawyer and insurance company. How about the suit filed by the kids dad against the county and her because he thinks there is a cover up. That’s way her suit is being filed.

  12. Wow Ryan murderer? so if you’re driving along and a kid jumps out between a parked car it’s your fault? She was on 80kmh rural highway at 1:30 am, the kids were riding 3 abreast that means in the middle of a highway with no lights reflctors or helmets, what do you think is going to happen? Lets park the emotions and look at the facts, she had no chance to avoid them, they should have been on the shoulder not in the middle of a freakin highway. At 1:30 am.

    1. Under the highway traffic act the children on their bikes had the same rights as the woman in her SUV. The fact that they were riding beside each other on the road at 1 am means nothing. They do not by law have to be on the shoulder of the road. All three can take up the entire lane if they choose to do so, provided they are within the appropriate limits of their lane. The same goes for the time of the day, no law prohibits the teens from riding at 1:30am.

      When I look at the crime scene photos that are public, the road is straight and any hills or obstructions are fare off in the distance. Simply put, the woman was not paying attention while operating her vehicle. Given the time she may have been tired and simply not focusing. So to put emotions aside she was and is now in the wrong, an accident and a bad one. But do not blame the kids that did nothing wrong.

      1. Traveling at 80 kmh an hour and no visibility except 3 inch reflectors, with an overcast night, and dark clothing would mean she would have had to respond to something that is a twinkle at 125 meters and to make a full stop with application of emergency break at the moment of seeing them as 125 meters is traveled at 80 kmh in 5.6 seconds, and to reach a full stop would take about 6 seconds. Highways are simply dangerous places for bicycles.

        Yes, Mr. Majewski is correct in saying that children are allowed to make mistakes, but parents are supposed to prevent them from making fatal ones. It’s such an abhorrent, negligent mistakes as letting children ride their bicycles on a highway at 1:30 AM in dark clothing with no visible light. The children aren’t to blame here, their guardian is.

    2. “….riding beside the paved two lane rural road, when they were struck from behind by Simon’s Kia.” Where are u reading they were in the middle of the road!? That was a direct statement from this article that I posted!

  13. Dwayne, you are making Sharlene Simon look even more despicable. Defending someone who is suing the parents of the kids killed in an accident. Speechless here.

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