In what amounts to abuse of the legal system, a woman who struck and killed an Ontario 17-year-old, Brandon Majewski, is suing his family for $1.35 million dollars. The woman, Sharlene Simon struck and killed Majewski with her SUV on October 28, 2012 according to Canada’s CTV News. The woman is also suing his two friends who were also struck as well as the county of Simcoe. Her lawyer, Michael Ellis explained the rationale behind the lawsuit as Post Traumatic Stress Disorder. She is suing “for the ‘pain and suffering’ she sustained after taking the teen’s life,” family lawyer Brian Cameron said in a statement. According to the Toronto Sun, Brandon’s mother, Venetta Mlynczyk responded by saying, “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.” Simon was not charged in the case after claiming she didn’t see the boys. Police did not charge her after the incident was ruled an accident according to her lawyer Michael Ellis, who spoke to CTV News.
This lawsuit, if allowed to move forward, would set a terrible precedent. It’s frivolous and just plain heartless. What this would allow is anyone involved in any kind of accident, to sue, regardless of fault, using post traumatic stress disorder as the reason. It’s a tragic accident and this person is compounding the pain of the parents by suing them. Further to that, post traumatic stress disorder is an acceptable explanation for those serving in the military or for those who have been kidnapped and released after 5 years. It is not an acceptable reason to sue in this case. Shit happens and she needs to deal with it. If she can’t, let her get help or check herself in to an insane asylum; no sympathy here. But to hold the family responsible when their son paid the ultimate price for riding his bike, is unconscionable. Hopefully the court will see it that way.