Driver kills boy, sues family for 1 million dollars

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Barbas

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Oct 28, 2013
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Redlin5 said:
In my world, the driver is controlling where the vehicle ends up and any event related to that vehicle in motion is nine times out of ten (accidents beyond the control of drivers do happen) the responsibility of the operator. My world, it seems, is a place out of touch with the justice system. How such a suit could even be launched baffles me.
It's a countersuit. She was going in minor excess of the speed limit on a road on which the cyclists were riding without any reflective equipment to make themselves visible. By the time they could be seen, it was too late. The police cleared her of wrongdoing after they ran a simulation of the incident, then the family tried to sue her (possibly for funeral and medical expenses). With that in mind, her countersuit is probably just meant to make them drop theirs. They want almost a million dollars from her.
 

chinangel

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Barbas said:
Redlin5 said:
In my world, the driver is controlling where the vehicle ends up and any event related to that vehicle in motion is nine times out of ten (accidents beyond the control of drivers do happen) the responsibility of the operator. My world, it seems, is a place out of touch with the justice system. How such a suit could even be launched baffles me.
It's a countersuit. She was going in minor excess of the speed limit on a road on which the cyclists were riding without any reflective equipment to make themselves visible. By the time they could be seen, it was too late. The police cleared her of wrongdoing after they ran a simulation of the incident, then the family tried to sue her (possibly for funeral and medical expenses). With that in mind, her countersuit is probably just meant to make them drop theirs. They want almost a million dollars from her.
Except for the fact that she's suing the dead boy himself, the dead boy's parents, the dead boy's brother (who has also died since this), the families of the other two boys she hit AND the county itself.

So this is a bit more than just trying to make them drop theirs.
 

chinangel

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CriticKitten said:
This forum never fails to prove its inability to look for more information beyond the first link thrown at them.

1) The police investigated the situation and cleared the driver of wrong-doing.
2) The claim that she was intoxicated was pure conjecture with no actual evidence.
3) The kids were biking on an unlit road at 1:30 AM with no reflectors.
4) The parents, having failed to get her charged with any crime, then proceeded to sue her in civil court. Her suit is a counter-suit against the parents to protect herself.

Yeah sorry, but she's not as morally reprehensible as you want to make her out to be.
okay. What about Suing the Dead boy himself, his brother who had nothing to do with it (and has died since then) the family's of the other two boys she hit and the county itself?
 

Lilani

Sometimes known as CaitieLou
May 27, 2009
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Colour Scientist said:
Not that this could be excusable in any situation but the articles do only express the side of the grieving parents.

They state that the driver was intoxicated and on her phone even thought that was never tested or proven and they aren't written in a particularly neutral manor, the driver is very much the villain of the piece.
While I understand why they're going for that angle, it doesn't present any information on behalf of the driver, only snippets of her claim, all the while discussing how the parents think that she wants to make a profit from killing their child. It's definitely trying to provoke a specific reaction in the reader and completely demonise the driver.


I'm not defending the lawsuit by any means, I just think it's worth noting that this is an incredibly one-sided story.
Where did they say she was intoxicated? I see it in neither the article nor the video.

Also, even completely removed from how the article words it, I don't see how the events themselves demonize the driver any less.

- Driver hits teenage bicyclists, they die
- Driver sues family of dead teenagers for emotional trauma she sustained

Even IF they were negligent bicyclists, it's still a pretty cold thing to sue the family of the children you just killed for the emotional trauma YOU sustained. I'm not even saying she didn't have emotional trauma, I have no doubt being in such an accident can scar you for life. But it's just such a callous thing to do. If I did something like that, I don't care how much the therapy costs me, I'm not going to sue the victim's family and make THEM pay ME for it. That just isn't tasteful, regardless of whether or not you can get a lawyer to convince a judge the case is legitimate.

EDIT: Before anybody jumps on me like a starved wildcat, I will say I now realize she's counter-suing and the situation is more complicated, so correct me if you want but I realize there's some mistake here. I just can't be arsed to find an article that shows all the details at this moment.
 

thewatergamer

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and this is why I have 0 faith in humanity

People will take advantage of ANYTHING

This is BS and my only response is "What the fuck is wrong with you *****?"

Strong language sure but its appropriate for this kind of crap...

*sigh* I swear if court actually takes this seriously...
 

lunavixen

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Jan 2, 2012
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Ubiquitous Duck said:
Also, what lawyer would ever take this case, surely its nigh impossible to bring a jury round to your side on this one?
The lawsuit is a civil case, there is no jury and they're judged on the "balance of probabilities" not "beyond reasonable doubt".

This woman hit THREE kids on bikes, that takes some doing, even in the dark, not to mention she was over 10kph over the speed limit on a WET and poorly lit road, that's just beyond stupid! Granted we don't know all of the particulars in this case (and the reporting is very biased), but she was in the wrong and her negligence got that kid killed and his friends injured.


The families have already paid, the driver should have no right to sue them.
 

Redlin5_v1legacy

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Aug 5, 2009
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Barbas said:
Redlin5 said:
In my world, the driver is controlling where the vehicle ends up and any event related to that vehicle in motion is nine times out of ten (accidents beyond the control of drivers do happen) the responsibility of the operator. My world, it seems, is a place out of touch with the justice system. How such a suit could even be launched baffles me.
It's a countersuit. She was going in minor excess of the speed limit on a road on which the cyclists were riding without any reflective equipment to make themselves visible. By the time they could be seen, it was too late. The police cleared her of wrongdoing after they ran a simulation of the incident, then the family tried to sue her (possibly for funeral and medical expenses). With that in mind, her countersuit is probably just meant to make them drop theirs. They want almost a million dollars from her.
Alright, so the police simulation cleared her of wrong doing and the family sued. Not completely out of the question. Counter-suing to make her drop it makes no damn sense to me. If you've convinced of your innocence in the matter, hire a good defense lawyer and sit it out. Sure it will cost money but it costs money to counter sue anyway. If she wants to make the family drop it, making it public which expensive defense attorney she is hiring would do the same thing with less sensation. The fact she's claiming the body of the deceased is causing her great distress is what brought so much attention.

I'm not inclined to side with her too much as its not her kid who died in the matter. Accidents happen but driving above the speed limit in low or bad visibility conditions isn't the best move in any situation. If she had been driving slower, maybe it wouldn't have happened. Who knows but this 'sue' culture irks me.
 

Barbas

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Oct 28, 2013
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chinangel said:
Barbas said:
Redlin5 said:
In my world, the driver is controlling where the vehicle ends up and any event related to that vehicle in motion is nine times out of ten (accidents beyond the control of drivers do happen) the responsibility of the operator. My world, it seems, is a place out of touch with the justice system. How such a suit could even be launched baffles me.
It's a countersuit. She was going in minor excess of the speed limit on a road on which the cyclists were riding without any reflective equipment to make themselves visible. By the time they could be seen, it was too late. The police cleared her of wrongdoing after they ran a simulation of the incident, then the family tried to sue her (possibly for funeral and medical expenses). With that in mind, her countersuit is probably just meant to make them drop theirs. They want almost a million dollars from her.
Except for the fact that she's suing the dead boy himself, the dead boy's parents, the dead boy's brother (who has also died since this), the families of the other two boys she hit AND the county itself.

So this is a bit more than just trying to make them drop theirs.
The more I read past the linked articles in the OP, the more information comes to light - speaking of which, you might want to add the articles below to the OP in order to avoid further anger and confusion over this case. What I know so far is that the bereaved are suing the driver and the driver is counter-suing "their estate".

Source (thanks to [user]Eclipse Dragon[/user] for origin):
http://www.ctvnews.ca/canada/driver-sues-estate-of-ontario-teen-she-struck-killed-1.1793813

Further article:
http://fullcomment.nationalpost.com/2014/04/24/christie-blatchford-family-of-teen-fatally-struck-by-suv-sued-by-motorist-for-her-pain-and-suffering/

While I do not know why she is suing the County of Simcoe, I imagine it has something to do with the visibility on the road, since they are apparently responsible for its maintenance. I doubt the family were the only ones who were affected by what happened - perhaps she simply isn't thinking clearly. Maybe she was advised by a legal representative to make that move. I simply do not know, but I shall endeavour to find out to the best of my ability.

What actually disturbs me here are the comments in this very thread about torturing her or taking her life over this. I struggle to fathom how people in the year 2014 really look at a Fox article like that and think they are getting the whole truth and nothing but the truth. If you follow the link in the OP to that exact Fox article, you will find the same sort of comments. Actually, that's misleading - from what I have seen, those were generally more civil.
 

Redlin5_v1legacy

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Barbas said:
What actually disturbs me here are the comments in this very thread about torturing her or taking her life over this. I struggle to fathom how people in the year 2014 really look at a Fox article like that and think they are getting the whole truth and nothing but the truth. If you follow the link in the OP to that exact Fox article, you will find the same sort of comments. Actually, that's misleading - from what I have seen, those were generally more civil.
I hate that I have to agree. I've picked my side in this one but I'm not calling for the driver's death or anything. Come on Escapist, we're better than this. Thank your lucky stars you haven't had to deal with hitting someone with your car, both with the legal and emotional consequences that follow. Drive carefully out there...
 

tangoprime

Renegade Interrupt
May 5, 2011
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Wow, the comments here. Seriously, it's pretty apparent that half of the people who comment here don't read the article, or the other comments. I guess facts would seriously get in their way of venting anger at humanity or US bashing.

In short, large number of escapist posters, I find your lack of reading comprehension disturbing, especially with some of the opinions you jump to in response. *shakes my damn head*
 

Therumancer

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Nov 28, 2007
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While to many people this makes me the worst kind of person, I will say that I can't judge this case without knowing all of the details on both sides. Like most legal cases the details are being kept quiet and will probably only appear in court, with lawyers on either end suggesting silence, or in the case of the family of the dead boy, just enough information to rally public sympathy.

The thing is that you can't really sue anyone for anything, and really lawyers will generally not represent people unless they think they have a case.

Looking at the situation here I'm guessing the dead kid was probably engaged in really reckless behavior, and might have had a reputation. I notice the comments being direct at him "and his friends" for being reckless bicyclists, and immediately this makes me wonder what those friends might have told the police when they responded to the scene, or what witnesses might have seen transpire. What's more there are also questions involved like whether there was a sidewalk they could have been using where the accident took place, and if they had instead chosen to ride their bikes in the middle of a street without a care in the world. Depending on where you are and the local laws this can be a BIG deal in a case like this. Depending on where you are in areas where bicyclists have to use the streets (if they haven't been banned locally) they are required to follow a lot of laws (hand signals, etc...) and can occupy a weird legal area.

I notice right off that the SUV driver is apparently not facing any criminal charges, which is important in connection with the above, and the details of the accident.

Given that the family is being sued, one has to wonder what the family might have done in their grief. If they went around blaming the SUV driver, calling them a monster, and rallying a local outcry against the driver once they were not charged with anything... well, then the driver DOES have every right to sue the family for defamation of character and harassment depending on how it was done. You generally speaking can't go around talking smack about someone, harassing them, trying to get them to lose their job, or whatever else, no matter how grief stricken you might be. My immediate guess is that this is what the case is going to come down to despite the way the article reads. Punitive damages can only go so far, and if a million dollars is being sought there has to be some kind of damage other than just the claimed "emotional suffering" for a lawyer to take the case (in real life). When it comes to blacklisting and harassment the legal system can get complicated since it comes down to the "value of missed opportunities". Basically if someone is screaming "murderer" in your workplace, and you miss a promotion (whether you would have gotten it or not) you can claim damages by saying those claims influenced the results... etc...

Time will tell if this goes anywhere, and if we ever get more details.

To be honest I think the issue is the way the article/reports spin it. I don't claim to *know* anything here, and a lot of people will probably jump on me yet again for being the messenger, but as a general rule if something like this goes to court it's usually not going to be as ridiculous as the media sometimes makes it sound. See, Lawyers want to get paid, and for all criticisms that can be leveled at them for being greedy and entirely mercenary, it does mean that unlike on TV/Movies and in "Urban Legends" that truly frivolous suits don't happen (even in the craziest seeming ones there is usually something to the claim), or at least not very often. No Lawyer is going to put hundreds of hours and however much in his own resources (investigators, etc..) into a case where he doesn't have any real chance of getting paid, unless of course the client is able to afford to pay them by the hour, which isn't likely the case here when your dealing with what is "only" a million bucks.
 

ClockworkAngel

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"'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.'" -- last paragraph of the article

I call such BS on this. You don't try to profit from honest pain and tragedy. This is sickening. This world is sick.
 

IceForce

Is this memes?
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Dec 11, 2012
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sumanoskae said:

I'm moving to Canada.
Canada is where this lawsuit took place.

"Fuck it, I'm done! I'm moving into the country where this terrible thing happened!"

Have I misunderstood your post? Because your comment makes little sense.
 

sumanoskae

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IceForce said:
sumanoskae said:

I'm moving to Canada.
Canada is where this lawsuit took place.

"Fuck it, I'm done! I'm moving into the country where this terrible thing happened!"

Have I misunderstood your post? Because your comment makes little sense.
No, it was just a joke with a factual error. There's sort of a running joke that Canada is just a better, more polite and rural version of the US.
 

tangoprime

Renegade Interrupt
May 5, 2011
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ClockworkAngel said:
"'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.'" -- last paragraph of the article

I call such BS on this. You don't try to profit from honest pain and tragedy. This is sickening. This world is sick.
So... you didn't read anything else in this thread then? The woman is counter-suing for the amount that the family is suing her for, in order to get them to drop their case.

Long and short of it since you didn't feel like following along:
-Woman hits unsafe teenager cyclists riding line abreast at 1:30AM on dark rural road.
-Police clear driver of wrongdoing, as cyclists were at fault.
-Later, family decides to sue driver who was cleared of wrongdoing after police investigation.
-Driver, most likely on advice from attorney, files counter-suit in same amount in order to have family drop their suit.

As a previous poster stated, "How to Law 101" this is standard practice, fighting it out in court is long and costly, filing an equally plausable counter-suit in the same amount as the suit filed against you is quicker at getting a resolution, as the originally plantiff, especially if they know their suit is frivolous, will usually drop theirs, and then you drop yours.

Edited to make it easier to follow along.
 

Rylot

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sumanoskae said:

I'm moving to Canada.
This happened outside of Toronto which is in Canada, so yeah...

Okay folks can can we put the pitchforks down? Is it really this hard to see through sensationalist click bait? This is from Fox News for Christ's sake. Do we really need to get riled up about events that have no connection to our lives and we only have second and third hand accounts about from waaaaayyyyy less than reliable sources?

A few things that people seem to be missing are that the driver was cleared of any wrong doing; the family is suing (and if I'm understanding it correctly sued first) the driver for hospital and funeral costs and maintains that the driver was speeding and may have been intoxicated and talking on her cell phone and generally failed to prevent the accident.

"Cameron has launched a routine lawsuit against the driver, mainly for medical and funeral costs on behalf of the boys and their families. He alleges Simon was speeding and may have been intoxicated and talking on her cellphone.

?Sharlene Simon failed to take reasonable care to avoid a collision which she saw or should have seen was likely to occur,? his claim states. ?She operated the motor vehicle while she was intoxicated.? Taken from the end of the Toronto Sun article linked in the OP.

I'm not saying which side I agree with. I have a few questions that need to be answered before I'll make up my mind:

The Sun article states that police didn't administer a breathalyzer but also didn't suspect alcohol was present, so what is the boy's family basing their assertion that she may have been drinking and on her phone on? This looks like it might be defamation as I see it right now.

Why was the Driver of the SUV's husband following her in his car and what was his testimony? Also since he's a police officer what is his relation to the responding officers if any? (I'll need to see some evidence before I'll assert that he used connections to get his wife off of any charges.

How much was the boy's family suing the driver for? She's counter suing for 1.35 million which does seem rather high.

What kind of emotional damages can the driver prove? Is she suing the family to offset or possibly deter the family suing her for hospital and burial costs?

If being outraged on the internet is ever harnessed as an energy source humanity will never have to worry about the lights going out. Being outraged and typing about how humanity is doomed can be fun but do we really need to jump on our keyboards and create misinformation and hearsay? I know fuckall about legal matters and did literally no more research than reading the posts in the OP.

AGAIN I'M NOT SAYING THAT I FULLY AGREE WITH EITHER SIDE IN THIS CASE, JUST THAT IT'S A BIT MORE COMPLICATED THAN AN INTENTIONALLY INFLAMMATORY FOX NEWS ARTICLE MAKES IT LOOK LIKE.