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Driver suing the teenage boy she struck and killed for 'emotional trauma'

17-year-old Brandon Majewski died after being hit from behind while cycling at night with two friends in October 2012

A Canadian woman who ran over and killed a teenager is suing the dead boy for “emotional trauma”.

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.

The driver of the vehicle, 42-year-old Sharlene Simon, has announced she is suing Brandon for the stress she has suffered since the incident, the Toronto Sun reported.

She is also suing the other boys involved in the accident, as well as the dead boy’s parents and his brother, who has since died.

The family’s lawyer Brian Cameron told the Toronto Sun: “In all of my years as a lawyer, I have never seen anyone ever sue a child that they killed.

“It’s beyond the pale. I just couldn’t bring myself to tell them on the phone.”

Brandon’s mother Venetta Mlynczyk said: “I’m devastated, I’m in shock.

“She killed my child and now she wants to profit from it? 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.”

A statement of claim filed with the court shows that Simon is claiming $1.35 million (£803,000) in damages on account of her “sustained serious and permanent injuries to important physical, mental and psychological functions” following the incident.

She also blames the boys for negligence. According to the Toronto Sun, the claim states that the three young men were “incompetent bicyclists”. 

Simon is also suing the County of Simcoe for failing to maintain the road.

According to a South Simcoe Police report, Simon admitted to driving at 90km/h in an 80km/h zone on the two lane road. She said she did not see the boys before the collision, which cracked the windshield of her car, dented the bumper and broke a headlight.

The roof was dented and scratched from where it struck Brandon and a side mirror was knocked loose.

Simon’s husband was driving behind her on the night of the accident. He pulled over and shortly after drove his wife home in his own car.

Brandon died in hospital from multiple traumatic injuries.

Richard McLean, 16, was seriously injured, while 16-year-old Jake Roberts was knocked from his bike but came away with only scratches.

Mr Cameron has filed a routine lawsuit against the driver. He alleges Simon was speeding and may have been drunk or using her mobile phone.

None of the allegations have been tested in court.