# Driver suing dead person she killed. **URL:** \ **Category:** The BBQ Pit\ **Created:** [April 26, 2014, 8:33pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074 "2014-04-26T20:33:20Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 1:33am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/61 "2014-04-29T01:33:04Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Let’s assume for a moment that the woman was not negligent. She is suddenly faced with a lawsuit alleging that she is responsible for a death. Her attorney advises her that if the case goes to trial she will be on the hook for his fee even if she is completely vindicated (leave aside for a moment the likely fact that her insurance would pay the attorney.) > > What else is she supposed to do? A lot, I would imagine. IANAL but I imagine she could countersue for lawyer fees, which can be awarded if the case has no merit. If there is evidence for the parent’s case. I should note that from what I have read the parent’s case is being handled by Simon’s insurance, not her personal lawyer who is filing the case against the dead boy. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 1:35am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/62 "2014-04-29T01:35:39Z")
> [@Eliahna](#): > > I still don’t understand why she’s suing the dead brother of the dead kid. Why is that necessary? Is she actually doing that? I only saw the other boys and the county being named. ---
**Author:** ![Cazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cazzle/32/75_2.png) [@Cazzle](https://boards.straightdope.com/u/Cazzle)\ **Post date:** [April 29, 2014, 2:10am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/63 "2014-04-29T02:10:42Z")
> [@Mr.Miskatonic](#): > > Is she actually doing that? I only saw the other boys and the county being named. “Now the driver of the SUV - a former Innisfil resident -  Sharlene Simon, 42, a mother of three, is suing the dead boy for the emotional trauma she says the crash has caused her. She’s also suing the two other boys, as well as the dead boy’s parents, and even his brother, who has since died. She’s also suing the County of Simcoe for failing to maintain the road.” From [Latest News - Breaking News Stories | Simcoe.com](http://www.thebarrieexaminer.com/2014/04/25/driver-that-struck--alcona-teen-suing-dead-boys-family) It’s not the only site that says Devon Majewski is named in her suit. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 2:15am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/64 "2014-04-29T02:15:00Z")
> [@Eliahna](#): > > “Now the driver of the SUV - a former Innisfil resident - Sharlene Simon, 42, a mother of three, is suing the dead boy for the emotional trauma she says the crash has caused her. She’s also suing the two other boys, as well as the dead boy’s parents, and even his brother, who has since died. She’s also suing the County of Simcoe for failing to maintain the road.” > > From [Latest News - Breaking News Stories | Simcoe.com](http://www.thebarrieexaminer.com/2014/04/25/driver-that-struck--alcona-teen-suing-dead-boys-family) > > It’s not the only site that says Devon Majewski is named in her suit. Well, I totally stand corrected. Holy Shit! ---
**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\ **Post date:** [April 29, 2014, 2:51am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/65 "2014-04-29T02:51:19Z")
> [@Mr.Miskatonic](#): > > First of all you can stop with the immature game of pretending I am somehow rabid. …I’m not pretending you are rabid. You however are not able to objectively examine what happened here. > [@](#): > > And yes, I was wrong. Took you long enough to acknowledge it. > [@](#): > > Comparing me to a truther is nonsense. I will not claim that the DUI or texting claims have been proven in any way. I can merely state that there is a lot that stinks with the police report, the husband being on the scene and other factors. That does not make even remotely a truther as much as you would like to shove me into that box. You were the one who introduced trutherism here: I just took it and ran with it. Can you be specific and what parts of the report “stink?” Objectively: the mere presence of the husband at the scene means absolutely nothing. The wife was involved in an accident where someone died. I would fully expect the husband to make an appearance at some stage, wouldn’t you? > [@](#): > > I am not in a position to prove anything. But that is what lawsuits bring out: evidence. > > I can however point out a lot of things simply do not add up or stink to high heaven: the husband being on the scene and what he did (and did not do), the " Oh I was just 10kph above the speed limit’ routine. etc. None of this stuff, on the face of it, stinks. > [@](#): > > But even with all that, it doesn’t matter. Allegedly false accusations absolutely matter. Especially if they are the basis of a lawsuit. > [@](#): > > But here this woman not only sues the victim’s family for more than what they were suing for the loss of a child, but she also names the other victims as well. What did they do exactly? Oh, and as the family’s lawyer has pointed out: the suit isn’t against the family but against the child itself. A minor. Oh, and now the husband has his own special lawsuit in case as well. > > Now mind you, in some worlds this might actually be a genius tactic. In this one? I don’t know Canada judges well enough but I suspect they would shut this down cold to prevent a perverse precedent. I’m pretty sure this lawsuit wouldn’t be going ahead if they hadn’t have been sued in the first place. You’ve got a lot of spare anger built up. Why don’t you throw it the way of the parents who launched the initial lawsuit? Do you think that lawsuit has any merit? And if you do what do you base it on? ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 3:19am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/66 "2014-04-29T03:19:40Z")
> [@Banquet\_Bear](#): > > …I’m not pretending you are rabid. You however are not able to objectively examine what happened here. You can keep saying that but it doesn’t make it true. > [@](#): > > You were the one who introduced trutherism here: I just took it and ran with it. You brought up suspicions as being the equivelant of CTer. Don’t play this like you weren’t trying to make a condemning comparison > [@](#): > > Can you be specific and what parts of the report “stink?” It barely mentions the precence of the husband, for starters. It happily seems to accept the drivers claim of driving 10kph above the speed limit, no explanation was given as to why witnesses were detained until 5:30 while the driver and husband were allowed to go home. > [@](#): > > Objectively: the mere presence of the husband at the scene means absolutely nothing. The wife was involved in an accident where someone died. I would fully expect the husband to make an appearance at some stage, wouldn’t you? He was present before the police arrived. Apparently he was in the car following his wife. He did not attempt to render aid. > [@](#): > > None of this stuff, on the face of it, stinks. Got a cold? Stuffed up nose? > [@](#): > > Allegedly false accusations absolutely matter. Especially if they are the basis of a lawsuit. Which is why I pointed out that if the claims had no merit the case would be dismissed. Next time don’t chop that part out. > [@](#): > > I’m pretty sure this lawsuit wouldn’t be going ahead if they hadn’t have been sued in the first place. Your sure of that? The lawsuit names people who were not suing, abrother of the victim who died since, and is based around suing a child. A DEAD child, not the family of the child who is doing the lawsuit. The only reasoning the woman’s lawyer gives is some PTSD. If she were truly countersuing I could almost buy that, but she isn’t. She is suing a dead child. > [@](#): > > You’ve got a lot of spare anger built up. How about you not speculate on my emotional state. > [@](#): > > Why don’t you throw it the way of the parents who launched the initial lawsuit? Do you think that lawsuit has any merit? And if you do what do you base it on? Again, not important. As I already mentioned before you deceptively snipped it out: > [@](#): > > If the victim’s family’s claims have no merit than they have no merit. End of story, end of case. Just a tragic event. My opinions do not matter, but this woman’s actions have caused such ire I almost wonder if she is trying some perverted tactic at contaminated the entire jury pool of Canada. Now since you use emotional baiting, shitty CT comparisons, and deceptive snipping I am putting you in the ignore file. Congrats on being the first, even Peter Morris didn’t manage to get in that file. ---
**Author:** ![bengangmo](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@bengangmo](https://boards.straightdope.com/u/bengangmo)\ **Post date:** [April 29, 2014, 4:45am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/67 "2014-04-29T04:45:52Z")
> [@Mr.Miskatonic](#): > > It barely mentions the precence of the husband, for starters. It happily seems to accept the drivers claim of driving 10kph above the speed limit, no explanation was given as to why witnesses were detained until 5:30 while the driver and husband were allowed to go home. I haven’t seen the accident report - and I’m not sure if you have either, or if its even available on line - but if the report says A police report says Simon was driving an estimated 90 km/h in an 80-km/h zone On what basis are you disbelieving it? On what basis are you saying “happily seems to accept”? Is it unusual for the driver to be sent home after the police have finished questioning her? Were the other witnesses “held”? What other witnesses were there? I do note two things 1. The father himself says the “kids made a mistake” and that it was a dark and wet road 2. The police have investigated claims of an “incomplete” or “biased” investigation and dismissed them So is there anything you have, other than a distrust for the police, that you can demonstrate why the investigation and report “stinks”? Do also note that > [@](#): > > A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system.” - so what sort of cover up is there? It’s also not disputed that there were no lights on the bikes, and the cyclists were wearing dark clothes (although they were reflective) What role did the husband play in the accident? Why would / should the report mention him more? ---
**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\ **Post date:** [April 29, 2014, 6:05am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/68 "2014-04-29T06:05:56Z")
> [@Mr.Miskatonic](#): > > You can keep saying that but it doesn’t make it true. …I think that your words in this thread make your lack of objectivity clear. > [@](#): > > You brought up suspicions as being the equivelant of CTer. Don’t play this like you weren’t trying to make a condemning comparison But you are alleging a conspiracy, correct? > [@](#): > > It barely mentions the precence of the husband, for starters. It happily seems to accept the drivers claim of driving 10kph above the speed limit, no explanation was given as to why witnesses were detained until 5:30 while the driver and husband were allowed to go home. Why would the length of time witnesses were allegedly detained form part of an accident reconstruction report? Can you be clear: are you basing your comments on the accident report or the media coverage? > [@](#): > > He was present before the police arrived. Apparently he was in the car following his wife. He did not attempt to render aid. A witness alleges he didn’t attempt to render aid. But we all know how unreliable witness evidence can be. > [@](#): > > Got a cold? Stuffed up nose? Can you actually be specific about what you don’t believe? > [@](#): > > Which is why I pointed out that if the claims had no merit the case would be dismissed. Next time don’t chop that part out. If it isn’t relevant I’ll happily chop it out. The claims have already damaged their reputation in the local community and caused them to lawyer up. It doesn’t matter if the claim is later dismissed. The damage is already done. > [@](#): > > Your sure of that? No I’m not. Which is why I said “pretty sure” and not “absolutely sure.” > [@](#): > > The lawsuit names people who were not suing, abrother of the victim who died since, and is based around suing a child. A DEAD child, not the family of the child who is doing the lawsuit. The only reasoning the woman’s lawyer gives is some PTSD. If she were truly countersuing I could almost buy that, but she isn’t. She is suing a dead child. Yeah, but your not emotional over all of this. > [@](#): > > How about you not speculate on my emotional state. I’ll let your words do that for you. Its a dead child for goodness sake!!! > [@](#): > > Again, not important. As I already mentioned before you deceptively snipped it out: Of course its important. I didn’t deceptively snip anything out. What I snipped was not relevant. Do you think the intitial lawsuit had merit or not? > [@](#): > > My opinions do not matter, but this woman’s actions have caused such ire I almost wonder if she is trying some perverted tactic at contaminated the entire jury pool of Canada. Are you proposing a conspiracy theory or is this just a really bad attempt at hyperbole? > [@](#): > > Now since you use emotional baiting, shitty CT comparisons, and deceptive snipping I am putting you in the ignore file. Congrats on being the first, even Peter Morris didn’t manage to get in that file. Oh grow up. We are in the pit. All I’ve done is ask you a few questions. You can’t actually answer them so you’ve run away like a big baby. I’m flattered that I’m the worst person you’ve ever encountered here on the Straight Dope but to put me on ignore is flat out laughable. ---
**Author:** ![Boo\_Boo\_Foo](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@Boo\_Boo\_Foo](https://boards.straightdope.com/u/Boo_Boo_Foo)\ **Post date:** [April 29, 2014, 6:15am UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/69 "2014-04-29T06:15:53Z")
If the law says Sharlene Simon is not at fault, by extension, any damages she can establish which are a direct result of the incident must be someone else’s fault. It’s an ugly and unintended consequence of raising the bar so very high before drivers are found culpable where injury or death is occasioned by motorists on to others. Ergo, she is at liberty to pursue this controversial litigation. Not a high water mark for the western world’s court system however. Society has decided, throughout the entire western world, to place a very high threshold for convictions regarding motorists who kill other people. In my view, it’s probably because all of us know it could be any one of us in that same unfortunate circumstance, at any time of the day, any day of the week. Full disclosure: I am very VERY pro cyclist, but I am committed to the rule of law even more so. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 1:43pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/70 "2014-04-29T13:43:44Z")
> [@bengangmo](#): > > I haven’t seen the accident report - and I’m not sure if you have either, or if its even available on line - but if the report says > > A police report says Simon was driving an estimated 90 km/h in an 80-km/h zone > > On what basis are you disbelieving it? On what basis are you saying “happily seems to accept”? 10kph sounds like a lie you tell to the cops to cover a bigger lie. No one will buy that you are travelling on or below the speed limit on a straight road but say you were going 10kph above it and no-one will look any closer. > [@](#): > > Is it unusual for the driver to be sent home after the police have finished questioning her? Were the other witnesses “held”? What other witnesses were there? THe woman who tried to give the boys CPR was kept until 5:30, while the Simon & husband were allowed to leave the scene. > **[Latest News - Breaking News Stories | Simcoe.com](https://www.simcoe.com)** > > Stay informed with the latest news updates from the Simcoe County news website. Breaking news, top stories, politics, business, sports, & more. > [@](#): > > I do note two things > > 1. The father himself says the “kids made a mistake” and that it was a dark and wet road > 2. The police have investigated claims of an “incomplete” or “biased” investigation and dismissed them Investigating themselves. Greeeat. > [@](#): > > So is there anything you have, other than a distrust for the police, that you can demonstrate why the investigation and report “stinks”? There is a long tradition of police automatically turning the blame on cyclists as much as possible. [This is one example](http://greatergreaterwashington.org/post/19284/it-must-have-been-your-fault-cmon-you-are-a-biker/) [There are a lot more](http://bicycleaustin.info/justice/) I wish I could find the case where the police report and the media said that a cyclist riding at night didn’t have a blinkie, when the video showed the wrecked bike, with blinkie still blinking. I’ve seen far too many reports by police that didn’t do what they claim to have done. There’s a case similar to this lawsuit in Spain where businessman named Delgado ran over a kid at dusk. Police happily accepted his claim of going 15kph over the speed limit and blamed the kid. Later the insurance company investigators found that: 1. He was actually going twice the speed limit - into triple digit mph 2. He was very likely drunk 3. He was required to wear prescription glasses but probably wasn’t wearing them None of these things were in the police report. But the court decided that both parties were liable since the boy wasn’t wearing a reflective coat and the driver was only doing 117mph. Mr. Delgado then decided to sue the family for damage to his vehicle. That didn’t go so well. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 1:52pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/71 "2014-04-29T13:52:55Z")
FOrgot to add after the edit limit: Now it may be that the police case is exactly what happened that night. The family’s lawsuit will bring any problems with the report to light. It could be the family’s case is entire made of bullshit. Im which case it will be dismissed before it goes anywhere. And it will be Simon’s insurance company that handles the case. Not her personal lawyer as is the case with her lawsuit against the family. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 29, 2014, 2:07pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/72 "2014-04-29T14:07:15Z")
> [@Mr.Miskatonic](#): > > A lot, I would imagine. IANAL but I imagine she could countersue for lawyer fees, which can be awarded if the case has no merit. If there is evidence for the parent’s case. IA(almost)AL, and it’s nearly impossible to recover attorney’s fees in personal injury cases. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 2:11pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/73 "2014-04-29T14:11:20Z")
> [@Really\_Not\_All\_That\_Bright](#): > > IA(almost)AL, and it’s nearly impossible to recover attorney’s fees in personal injury cases. Well that is probably irrelevant either way since it seems that Simon’s insurance company is handling that case, not her personal lawyer who started this case. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 29, 2014, 3:21pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/74 "2014-04-29T15:21:06Z")
> [@Eliahna](#): > > I still don’t understand why she’s suing the dead brother of the dead kid. Why is that necessary? Usually, if a plaintiff sues one person the defendant is free to point at some other person and tell the jury that _they_ were really responsible. This is called an “empty chair” defense. Apparently the brother was part of the same group of bike riders, and if the lawyers for the kid’s estate say it was the brother’s fault and the jury agrees she has to start over. > [@Mr.Miskatonic](#): > > Well that is probably irrelevant either way since it seems that Simon’s insurance company is handling that case, not her personal lawyer who started this case. Where are you getting that from? It would be highly unusual. ---
**Author:** ![straight\_man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/straight_man/32/3027_2.png) [@straight\_man](https://boards.straightdope.com/u/straight_man)\ **Post date:** [April 29, 2014, 4:22pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/75 "2014-04-29T16:22:36Z")
> [@Really\_Not\_All\_That\_Bright](#): > > IA(almost)AL, and it’s nearly impossible to recover attorney’s fees in personal injury cases. The rules for recovering costs in Canada are completely different (and much more generous) from in the US — don’t assume that you can’t recover. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 29, 2014, 4:37pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/76 "2014-04-29T16:37:31Z")
Huh. I thought this happened in Massachusetts. I guess I got confused because people kept citing Mass. bicycle laws. ---
**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\ **Post date:** [April 29, 2014, 6:45pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/77 "2014-04-29T18:45:25Z")
> [@bengangmo](#): > > I haven’t seen the accident report - and I’m not sure if you have either, or if its even available on line - but if the report says > > A police report says Simon was driving an estimated 90 km/h in an 80-km/h zone > > On what basis are you disbelieving it? On what basis are you saying “happily seems to accept”? Not miskatronic, but for me personally At 1 am, on the east bound lane, traffic will be moving at 100kph plus. The police stated that she had been driving at the speed that she told them, instead of skid pattern or any of the other accident information that the police gather after the accident, agrees with her statement. > [@bengangmo](#): > > Is it unusual for the driver to be sent home after the police have finished questioning her? Were the other witnesses “held”? What other witnesses were there? Forensics would have had the road closed, once the ems folks had showed up to transport any injured to the hospital. Depending on where they are coming from, it might be a while for the forensics folks to show up. Except for her and her husband, and any of the victims that were transferred to the hospital, as for the remains of the diseased, I don’t know the mechanism for their disposition. The other witnesses, would have been held up by giving statements and waiting for the okay from the scene commander. > [@bengangmo](#): > > I do note two things > > 1. The father himself says the “kids made a mistake” and that it was a dark and wet road > 2. The police have investigated claims of an “incomplete” or “biased” investigation and dismissed them On point one, I don’t know what any parent would have said differently. But on the second point. What police agency did the overview of the investigation, normally this would be the OPP, our version of the state police. It would help if they made that report public, as well as what the SOP for an incident of that nature is. > [@bengangmo](#): > > So is there anything you have, other than a distrust for the police, that you can demonstrate why the investigation and report “stinks” > > Do also note that > > - so what sort of cover up is there? The evidence collected by the police, was not an out of the ballpark home run, but they did have enough to wake up a crown or consult the duty crown regarding the case. What was the evidence or reasoning. Neither the wife or the husbands cellphone records were subpoenaed, any phone activity would have been time stamped. > [@bengangmo](#): > > What role did the husband play in the accident? Why would / should the report mention him more? For me personally , what was he driving. I had heard at one point that he was driving a York regional cruiser, but no confirmation. As well, no mention of him getting called into his own detachment for his role, if nothing else, as a horrified witness. Basically this situation looks a bit too chummy, compared to what an average accident involving strictly civillians would. The onus on the cops, is to provide clarity. I wont go as far as to think cover-up, but enough folks around here are wincing when this is mentioned. Declan ---
**Author:** ![Charlie\_Wayne](https://avatars.discourse-cdn.com/v4/letter/c/4bbf92/32.png) [@Charlie\_Wayne](https://boards.straightdope.com/u/Charlie_Wayne)\ **Post date:** [April 29, 2014, 7:00pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/78 "2014-04-29T19:00:52Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Usually, if a plaintiff sues one person the defendant is free to point at some other person and tell the jury that _they_ were really responsible. This is called an “empty chair” defense. Apparently the brother was part of the same group of bike riders, and if the lawyers for the kid’s estate say it was the brother’s fault and the jury agrees she has to start over. > > Where are you getting that from? It would be highly unusual. The original article states, “17-year-old Brandon Majewski was cycling with two friends along Innisfil Beach Road in Alcona, Toronto, at around 1.30am on 28 October 2012 when he was struck from behind by an SUV and killed”. There is no indication in that article the brother was part of the group of cyclists. Are you certain he was? If so, where did you get that info from? The articles I read stated the brother suffered emotional trauma over the death of his brother and his death was the result of that. I never saw anything that indicated the brother was part of the group of cyclists. ---
**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\ **Post date:** [April 29, 2014, 7:28pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/79 "2014-04-29T19:28:07Z")
For anyone that’s interested in the actual road itself [West and eastbound views of the site, plus memorial](http://wedontdoselfies.com/cpg) Declan ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [April 29, 2014, 10:32pm UTC](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074/80 "2014-04-29T22:32:40Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Where are you getting that from? It would be highly unusual. from here: > **[Driver who struck teen suing dead youth](https://www.thestar.com/news/gta/driver-who-struck-teen-suing-dead-youth/article_8f6a78a9-2bbc-530c-aaa0-5bd8947cd1b1.html)** > > Driver’s statement of claim alleges her “enjoyment of life has been irretrievably lessened.” > [@](#): > > A year ago, the Majewski family filed a separate claim against Simon, her husband and the County of Simcoe. > > That claim, which is still winding its way through the legal system, alleges Simon was negligent: travelling at excessive speeds, failing to keep a proper lookout and operating while intoxicated and on the phone. > > It also claims Simon’s husband, Jules, was negligent, knowingly allowing his wife to drive impaired. > > Much like Simon’s claim, it also alleges neglect on the part of the county for failure to keep the road and street lights in a safe state of repair. > > \*\*None of the claims have been proven in court and Ellis declined to comment since it’s being handled separately by Simon’s insurance company. > > \*\* Its not terribly surprising. Why use your own lawyer when the insurance is the one handling liability issues and has their own lawyers. [Previous page](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074.md?page=3) [Next page](https://boards.straightdope.com/t/driver-suing-dead-person-she-killed/687074.md?page=5)