Sharlene Simon claims in court papers the accident caused her “great pain and suffering” and accuses her victim Brandon Majewski 17, and his two friends of negligence, calling them “incompetent bicyclists,” the Toronto Sun reported.
The lawsuit drew an angry response from Brandon's family. “I feel like someone kicked me in the stomach -- I’m over the edge,” his father, Derek Majewski, told the Sun. “Sometimes, it makes my blood boil.”
The dad's attorney Brian Cameron told the Sun that in all his years as a lawyer, he had never seen anyone ever sue a child that they killed. “It’s beyond the pale,” he said. He is representing the elder Majewski in a separate lawsuit that seeks $900,000 in damages from Simon.
The accident happened early in the morning of Oct. 28, 2012, on a dark, rural road in Innisfil, about 55 miles north of Toronto. Brandon’s two friends were both 16. One was seriously injured; the other escaped injury. They are also defendants in Simon’s lawsuit, as is the county where the accident occurred.
Simon, a 42-year-old mother of three, said she was going about 55 mph in her KIA Sorrento when she hit the boys -- about 5 mph more than the speed limit, the Ottawa Citizen said. No criminal charges were ever filed against her.
“It’s a tragedy what happened to the boys, but it’s also a tragedy that’s happened to (Simon),” her lawyer Michael Ellis told the Toronto Star. “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.”