Early Sunday morning, October 28, 2012, seventeen year old Brandon Majewski and two sixteen year old friends were riding their bicycles along a dark rural road in Innisfil, Ontario, about 55 miles north of Toronto. The speed limit on the road was 50 mph. Sharlene Simon, the 42 year old mother of three claims she was driving 55 mph on the road when she hit three teens from behind.
Brandon was killed. One of his friends was hospitalized with serious injuries and the third escaped injury. Simon was never charged with any crime.
The Majewski family has been trying to cope with the death of Brandon for nearly a year and a half. I can’t begin to imagine the grief that they have been dealing with and pray I never have to experience it.
However, Simon cares nothing of the family’s grief as she has recently filed a lawsuit against Brandon’s parents for $1 million. She claims that the three teens were negligent and incompetent bicyclists and that the accident was their fault. According to her lawsuit, the accident has caused her ‘great pain and suffering.’
In a separate lawsuit, Brandon’s father, Derek has filed a lawsuit against Simon for $900,000 in damages for the wrongful death of his son. His attorney, Brian Campbell told the local media that in all of his time as an attorney that he has never known of anyone suing the kid that they killed.
When news of the lawsuit against the Majewski family hit the news, Brandon’s father responded, saying:
“I feel like someone kicked me in the stomach — I’m over the edge. Sometimes, it makes my blood boil.”
Micheal Ellis, Simon’s attorney told the Toronto Star:
“It’s a tragedy what happened to the boys, but it’s also a tragedy that’s happened to (Simon). I understand their grief and I understand what they must be going through is awful, but my client is also living with this nightmare every day.”
When I was in high school, I was following a school bus to a football game. The bus pulled into the center turn lane and as I started to continue on in my lane, the bus cocked its wheels to the left, causing the back of the bus to suddenly stick out into my lane. It happened so fast that I was unable to avoid it and I clipped the back corner. There was no damage to the bus and it only busted my headlight and put a small dent in the left front fender.
However, I was cited for failing to control my vehicle and speed not reasonable or prudent, even though I was doing less than the speed limit. I was informed that the law requires everyone to drive a reasonable speed to allow yourself enough time to stop in time to avoid an accident. The same especially applies to driving at night meaning that you should never over drive your headlights.
Therefore, Simon should have been driving at a more reasonable speed on the rural road to have allowed herself to stop in time when things like teens on bikes come into her view. But why punish the family of the boy she killed? Has our society eroded to the point of suing people that are victims of our accidents? Have we come to the same place as mankind was in Genesis 6:5-6 which states:
“The LORD saw that the wickedness of man was great in the earth, and that every intention of the thoughts of his heart was only evil continually. And the LORD was sorry that he had made man on the earth, and it grieved him to his heart.”
I pray that the courts throw out Simon’s lawsuit and she is chastised severely for her insensitivity and carelessness.