Driver who hit three teens on bikes, killing one, suing victims’ families for emotional trauma

Driver who hit three teens on bikes, killing one, suing victims’ families for emotional trauma
Richard Esch shortly after the crash

It’s almost a variation of the complaint of a barroom brawler who claims the other guy’s face ran into his fist.

According to the Toronto Sun, Sharlene Simon, 42, is suing the families of three teenagers she accidentally ran down with her SUV in 2012, claiming emotional trauma. One of the teens, Brandon Majewski, 17, was killed, while his friend Richard Esch, 16, was seriously injured. The third teen, Jake Roberts, 16, was knocked off his bicycle but suffered only scratches. Simon’s husband, who was following her in his vehicle that night, is also suing for emotional trauma.

The Simons were coming home from a bar, where they had “a drink.” Sharlene Simon admitted to police that she was driving 90 km/h (60 mph) in an 80 km/h (50 mph) zone and didn’t see the boys, who were headed to a local eatery for hot dogs and pizza.

In a statement of claim filed with the court last April, Simon is claiming $1.35 million in damages due to her psychological suffering, including depression, anxiety, irritability and post-traumatic stress.

She blames the boys for negligence.

“They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

None of the allegations in the suit have been proven in court.

The two surviving teens submitted to tests for alcohol and drugs around the night of the accident. The results showed they were clean, as did a toxicology report from the dead teen’s autopsy.

The parents of Richard Esch are speechless over Simon’s suit. The boy’s father, Terry Esch, said, “If this woman was a real person, with a real heart, she would not have done this to us … we have nothing.” The family has incurred horrific medical costs associated with their son’s hospital stay and rehabilitation.

The Majewskis, whose son was killed, are even more incredulous over Simon’s suit against Brandon’s estate. Their attorney, Brian Cameron, told reporters, “In my entire career I’ve never heard of anyone ever suing a dead child that they killed. It’s horrible.”

Cameron said he launched what he calls a “routine” suit for damages against Sharlene Simon which would have covered funeral costs, loss of work pay for the family, and trauma and emotional counselling.

“It’s all about getting compensation for the death of their son,” said Cameron. “This would have all been covered by their insurance.”

LU Staff

LU Staff

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