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Post by admin on Apr 30, 2014 3:56:09 GMT -5
Innisfil Journal By Jane Gerster
A woman driving a car that struck and killed a teenager and seriously injured another is now suing the dead 17-year-old in a twist the boy’s family lawyer calls “distasteful.” A statement of claim filed last December alleges the driver, Sharlene Simon, “sustained serious and permanent injuries to important physical, mental and psychological functions” following the October 2012 accident in Innisfil, Ont. It says her “enjoyment of life has been irretrievably lessened.” Brandon Majewski, 17, Richard McLean, 16, and Jake Roberts, 16, were riding their bikes along Innisfil Beach Rd. around 1:30 a.m. on Oct. 28 when the accident occurred. Majewski was killed and McLean seriously injured after being struck riding in one lane of the two-lane stretch which was dimly lit on a drizzly, damp night. Roberts escaped unharmed. All three teens are named in Simon’s lawsuit. A 26-page reconstruction report by the South Simcoe Police Service said visibility of the cyclists was the main contributing factor and that police were advised against laying charges by the Crown because “there is absolutely no reasonable prospect of a conviction.” “The family feels like the wound has been opened up again,” said Brian Cameron, the Majewskis’ lawyer. “The legal theory I sort of understand, but never against a child. Not against a child.” Cameron only told the family a few days ago, he said, because he wasn’t able to meet with them earlier. “I was very shocked and I realized I couldn’t tell the parents over the phone,” said Cameron, although he was thankful to receive a courtesy copy of the claim from Simon’s lawyer. The statement of claim alleges the boys were negligent, biking without the appropriate lights and reflectors, without helmets and they didn’t keep an eye on the road or their bikes under control. It also claims negligence on the part of the County of Simcoe for failing to keep the road and lighting in good repair. None of the claims have been proven in court Simon’s husband, mother and three children are also named as plaintiffs in the case and, combined, are seeking more than $1 million. Simon has been heavily criticized since news of the lawsuit broke. “The whole situation is tragic,” her lawyer, Michael Ellis, said in response. “It’s a tragedy what happened to the boys but it’s also a tragedy that’s happened to (Simon),” he said, adding she has been diagnosed with post-traumatic stress disorder and is unable to work. “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.” Majewski’s stepmother, Lisa Tessier, called the lawsuit “cruel.” “My dead son and the other boys are being sued by the woman that killed him because she is distraught,” Tessier wrote in an email. “Normally, I would not react like this. But I think it’s very cruel to me that my life is basically ruined. I lost both my children and now they (the three teens) are being sued because she is upset.” Majewski’s older brother, Devon, was found dead at home six months after the accident. 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. A number listed to Simon has been disconnected
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Post by admin on Apr 30, 2014 4:00:02 GMT -5
Town wants liability insurance to hold rally at rec complex
Roadside memorial for Brandon
Organizers of a rally this Sunday in support of the family of 17-year-old Brandon Majewski now face a set back. Armed with a 9,000-name online petition, the organizers are asking South Simcoe Police Chief Rick Beazley for an independent investigation into Oct. 28, 2012 accident on Innisfil Beach Road. The idea for a rally gathered steam when Innisfil residents learned the driver of the vehicle that struck Brandon is suing the dead teen’s estate for $1.35 million. But now organizers have been told they need a Town of Innisfil permit and liability insurance to proceed. Alcona’s Laurie Budd, along with Larry Hurd, had partnered to co-ordinate the rally at the Innisfil Recreational Complex parking lot off Innisfil Beach Road near the south Simcoe Police North Division station. The event starts at 1:30 p.m. On Monday afternoon, Budd received a call from Staff-Sgt. Steve Wilson who said the permit, and insurance, were necessary. Budd, a cancer survivor, said she now needs to take a step back from helping organizing the rally for health reasons and Hurd has offered to take the lead. Majewski was riding home with two friends Oct. 28 2012 at about 1:30 a.m. when a vehicle driven by Sharlene Simon crashed into the trio. Simon has launched a million dollar-plus lawsuit against the Majewski family and the two other cyclists, claiming the boys were negligent and biking without lights or reflectors, or wearing helmets. She also claims, “her enjoyment has been irretrievably lessened” as a result of the incident. Budd contacted the Majewski family late last week when the news of Simon’s lawsuit was made public. This family needs our support and they need an independent investigation done,” Budd says. A petition being circulated on change.org addressed to South Simcoe Police chief Rick Beazley calling for the investigation had already received 9,000 signatures on Tuesday, April 28. In part, the petition focuses on a key allegation in a lawsuit the Majewskis’ filed against Simon last year over the death of their son. That lawsuit, filed before the Simons filed their countersuit, alleges Sharlene Simon was impaired and was speeding at the time of the crash. South Simcoe Police have yet to respond to a request for an interview the Journal made Tuesday morning. “People from across Canada, the U.S., the U.K. and Australia have signed,” Budd says. “It’s pretty much gone worldwide. As a community, this is the least we can do – stand together with our neighbours. Many people are re-Tweeting our message, too.” Hurd found out about the rally from a Facebook posting and a story he read on simcoe.com “It didn’t sit right with me,” Hurd says. “How someone could do that (launch a lawsuit) galvanized me. It’s a horribly sad story. There’s a lot of rumours out there that need to be addressed and we need some answers from the police. People are just outraged that more pain could be inflicted on the Majewski family.” Hurd is negotiating with the town regarding the request for a permit. I’m not pleased at all,” Hurd told the Journal. “To me, this is kind of looking like they’re trying to set up roadblocks. We’re operating with transparency.” He’s sent an email to Mayor Barb Baguley and Innisfil council members. “This is the voice of the people you represent. How can you not want to hear their voices?” Derek Majewski, Brandon’s father, has posted a response on the change.org site. “I can’t express how emotionally overwhelmed I am with the support I have seen from the community,” Majewski said. “All we want is the truth, so my son’s life wasn’t in vain. This is the first time that I truly believe there may be some justice, due to the help and support of people.” In another posting, Nancy Gilmore of Innisfil wrote, “I live in Alcona and raised my four teenagers here. They walked and rode up that road frequently. My heart breaks for that family and what they are going through.Budd adds dozens of people have already confirmed their attendance at Sunday’s rally. “We’ll gather and then walk down to Innisfil Beach Road carrying signs and line up along the roadway,” Budd says. “If we have to move (the location), we will.”
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Post by flippin on Apr 30, 2014 5:25:17 GMT -5
I would also start with condolsenses to the family.
Now on the other side of the fence looking in. Many of times I personally have seen "Kids (young adults) riding their bikes along roads in the dark. Nothing but dark clothes on and riding their bikes like they own the roads, Many of times I been making a right at a intersection and the light is Red for me "Don't walk" for them and they fly through the intersection "full boar". No helmet no light on bike just dark "non reflective" clothes. If "We" can't see them and they are not following any common sense..... Than why should "We" get charged? If Driver Didn't "kill" them and they were hosipitalized they would be suing "US"!!!!
Now the "driver" survived, She has to replay that night for many yrs to come. I'm sure "if" I hit and "KILLED" someone I would need help in trying to forgive myself for taking a life! Even though it was "NOT" my fault. I "personally" think this person (lady) has every right to try to be helped with her "now" messed up emotions! Hypathically its like driving down a road and hitting a raccoon, it has no visible markings nor a light! You hit the coon but.... you drive off. You hit a person, and your mind is Focked for life! I think more ppl should be held for their own actions if you take a "risk" to do foolish things in "life" And "we" as parents are suppose to "teach" our children how to be smart about life! There is consequences in everything "we" do.
Anyways at the very least maybe more police officers will hand out "tickets" to ppl that are not wearing reflective clothing and lights on their bikes. If it was me I would rather take a ticket over a front bumper at 80kms per hr. Maybe this will be a good learning lesson for others to get the message.. WE CAN NOT SEE YOU IN THE DARK TILL ITS TO LATE!!!
I know some will not agree with me but.. you can not AVOID what you can not see! If we could "Life" would be so much easier... FLIP
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Post by peter on Apr 30, 2014 5:37:18 GMT -5
hmmm more interesting . As a community we stand together and DO NOT support the reprehensible behavior of Shannon Simon and her husband, York Regional police officer Jules Simon. The community demands the following questions be answered: -Why was a breathalyzer from an 'approved device' not administered at the scene of the crime? -Why was neither Shannon or Jules simon the first to call an ambulance? -Why were they allowed to leave the scene of the accident? -Why was it not disclosed where she was coming from? -Why was her phone not confiscated? -We urge you to confirm this statement printed in the National Post "report didn’t address what Mr. Majewski says South Simcoe police told him – that Ms. Simon’s husband had been following her home on the night in question" - Why was this statment not confirmed? Two lives were lost stemming from this incident, and the family of the victims and the community deserve a thorough investigation into these allegations. Show the Majewski family support, you don't sue the family of the child you hit and killed. here is the link. www.change.org/en-CA/petitions/south-simcoe-police-chief-richard-beazley-justice-for-brandon-majewski
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Post by peter on Apr 30, 2014 5:41:48 GMT -5
Supporters
Reasons for signingMost Popular Latest
Lisa Tessier INNISFIL, CANADA 3 days ago Liked 77
This is Derek Majewski, the father of the late Brandon & Devon Majewski. I can't express how emotionally overwhelmed I am with the support that I have seen from the community. All we want is the truth so that my son's lives weren't in vain. I thank each & every one of you from the bottom of my heart, this is the first time that I truly believe that there may be some justice, due to the help & support of people like yourselves.
Sandy Johnston SHANTY BAY, CANADA 4 days ago Liked 38
As a mental health counsellor, we cannot determine from this story who has or doesn't have PTSD. However, to sue the child, his family, and the County over something that was from her own actions - actions that she has NOT taken ownership for - is a travesty of justice and completely despicable. She may have PTSD and if so, she should get help. But the first step in that help is owning your actions. Unresolved guilt may be the underlying reason for the "PTSD". She needs help; she doesn't need to cause more harm to this family.
Their actions - the woman responsible and her husband - need to be investigated fully as do the actions of the police involved in the investigation. Too many questions have been left unanswered. These children and their families deserve it - and more.
Randy Harris GEORGETOWN, CANADA 4 days ago Liked 15
You drive according to conditions, if it's dark you drive accordingly. There are no excuses here. I am fully certain there would be no excuses acceptable if it were me in this situation. This is why the force gets a bad name Chief, you need to be completely transparent in this and muster some dignity.
Nancy Gilmore INNISFIL, CANADA 3 days ago Liked 14
I live in Alcona and raised my 4 teenagers here. They walked and rode up and down that road frequently. My heart breaks for that family and what they are going through. I think of them every day and have never understood how that driver did not see those boys. It doesn't matter that it was dark, vehicles have high beams. And if the driving conditions were poor, then she should have been driving according to conditions. To hear that she is suing the families that she has victimized is absolutely appalling. I can only hope that our courts see through this blatant and callous attempt for money.
Shari McNamara INNISFIL, CANADA 4 days ago Liked 13
It is a travesty to this family who lost their children and, as a result of an apparent attempted cover up due to the husband's status with police, this woman who his 3 children with a 2 tin killing machine is even allowed to be considered as a plaintiff in a law suit. As a society, I'm ashamed that this has been allowed right from the second her car made contact with those children. Shea's messed up? She's traumatized?? Give her 10 minutes, alone, with the parents of those children.
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Post by flippin on Apr 30, 2014 5:59:02 GMT -5
Anyway this plays out "Both" have lost.. Now "if" she was drinking or on the phone there's no way to "prove" it now.. But hopefully she has a conscience that way she will never forget what she did. And higher "powers" will get her for what she has done. Again though that is all just spectulation. innocent till proven guilty.
If the kids were wearing reflective clothes and had lights on their BIKES it would be open an closed case. She would be found Guilty of vehicular manslaughter, As of now The 1's that know the "Truth" are the surviors that were there. Its "sad" very sad that 1 had to die for sure.. But we only go by what we read. flip
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Post by peter on Apr 30, 2014 7:07:30 GMT -5
Lets all walk a mile in her shoes shall we ? Im driving down the road and for what ever reason some kids on bikes are on the road in front of me were I cant avoid hitting them . Now after the fact I think to myself this has created trauma for me . Do I say to myself I should file a claim for damages from the family for the trauma that I have suffered or do I say to myself those poor kids and what there family must be going thou ., personally the guilt would riddle me with a , look what I have done attitude , regardless that I couldn’t avoid the accident Would I want to reach out to famliy and ask for forgiveness regardless of who’s at fault ? Yes big time .
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Post by flippin on Apr 30, 2014 7:35:28 GMT -5
I totally agree I would not chase after the "Parents" and yes I agree the woman should go visit the parents. At the very least. At least that way they can try to figure out what happened. But I understand it would be very hard to "look the parents in the eyes" of the son you just killed. I personally think that if ppl on bikes "HAD" the same rules as "we" do while driving at night, We wouldn't have so many needless tragedies on our roads. In my opinion I think it should be made mandatory for cyclists to follow the same rules.. Maybe they would make a "Law" under the young fella's name, to wear protective gear and lights on a bike. At least the young guy would be a "learning" lesson for others to follow. That way "He" would not be just forgotten, but ppl could look at it as a Learning experience! Its sad but there was nothing either could of done as it was to late to change it. Might be a good "POLL" to start in his name.. At the very least it would give the "Parents" a little comfort knowing his life was not invain an died a tragic death.. What you think?
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Post by peter on Apr 30, 2014 8:34:42 GMT -5
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Post by peter on Apr 30, 2014 8:38:07 GMT -5
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tree4
Full Member
Posts: 241
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Post by tree4 on Apr 30, 2014 8:48:12 GMT -5
Sounds like someone got a break because her husband is a cop. No breathalyzer ?? Leaving the scene ?? Hope this woman and her family move far from Simcoe county because I truly doubt they Ll have many friends left here. I hope theres an investigation into the conduct of this womans husband. They seem to me like the most terrible kind of people. I've spent most of my youth riding up innifil beach road and from the seventh line along st.johns to jean's variety. Even in the rain cars have always seen us. If your not going 80 it shouldn't be a problem. I drive those same roads today and never have a problem making out kids on bikes or walkers. Too many people rushing and tailgating on these rural roads. I believe this woman was in the wrong and their twisting this horrible tragedy into their sick personal gain. I'd guess these " severe emotional problems " may have existed before the accident happened my condolences to the family
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stevo
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Post by stevo on Apr 30, 2014 9:22:02 GMT -5
First and foremost, you have to realize that driving is a privilege and not a right. Whatever the situation is at hand the driver is responsible for the control of their vehicle, and in lower visibility it is up to the driver to exercise caution while proceeding. I really can't understand how she was not able to see THREE bike riders together and avoid them if she was paying attention. As for bikers, I'm pretty sure there is a bylaw about having reflective items on your bike already, but that is the last of the issues that need to be addressed. The fact that no breathalyzer was administered or her cell phone wasnt confiscated really puts a nasty stink on this whole thing, a child is killed and the police screw up the investigation, it's completely shady.
A previous post nailed it perfectly, if the whole reason she is submitting this lawsuit is ptsd, then why doesn't a qualified and recognized psychiatrist come in and determine who is actually suffering more from ptsd, the driver who should have been driving according to conditions or the parents who just lost both their sons?
If this were the middle ages that woman would have been pulled apart by horses for her actions, now we can let her torture this poor family even more thanks to our FINE justice system. This is one of the biggest jokes I've ever heard, this story should be on cbc
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Post by peter on Apr 30, 2014 9:36:05 GMT -5
Justice for Brandon Majewski: Demand an independent review of the police investigation.
Petition by
Larry Hurd
Barrie, Canada
On October 28, 2012, 17 year old Brandon Majewski and two friends were riding their bikes home along Innisfil Beach Road in Innisfil, Ontario after grabbing a late-night bite to eat. According to news reports they were struck from behind by an SUV driven by a woman named Sharlene Simon, the wife of a police officer.
Brandon was thrown over the roof of the car and was barely alive when paramedics arrived. He was pronounced dead 2 hours later at the Royal Victoria Health Centre in Barrie. His family and friends were devastated. Sharlene Simon wasn't given a breathalyzer. She wasn't thoroughly questioned. She and her husband, a police officer were allowed to leave the scene while other witnesses were asked to stay for several hours. Many of us are asking if the police mishandled the investigation, and why they didn't ask all the questions that should have been asked.
Last week, the wounds were ripped open all over again. Sharlene Simon, the woman who hit Brandon, is now suing Brandon's estate -- she's suing a dead boy for 1.35 million -- for her pain and suffering. According to Simon's statement of claim, her "enjoyment of life has been and will be lessened," and she "has sustained and will sustain great pain and suffering." She even seems to blame Brandon and his friends in her statement of claim, which states that "they were incompetent bicyclists."
Brandon's family is in shock - it’s outrageous that they would have to defend their deceased son against accusations of negligence from the very woman who ran him over.
From the outset, there have been questions about what exactly happened that night and about the police work that followed. And now she's suing Brandon. This is a cruel twist to an already tragic story, and it shows how important it is that the whole truth about that night come to light. That’s why thousands of us are demanding an independent review by an outside force into the police investigation of Brandon's death. This must be conducted by an outside force like the Ontario Provincial Police. We hope this will give the family closure and may put the lawsuit against Brandon to rest.
There are so many unanswered questions that the media and witnesses have brought up:
- Why was a breathalyzer from an 'approved device' not administered at the scene of the crime?
- Why was Sharlene's car computer (which would have recorded speed) not taken in for analysis?
-Why was her husband following her in his car?
- Why was it not disclosed where they were coming from?
- Why was her phone not confiscated?
- Why were the Simons' allowed to leave the scene of the accident while other witnesses had to stay for hours?
According to a Toronto Sun interview Melanie Lachance came upon the scene and spotted Brandon, “He was right in the line of oncoming traffic … I held his hand, but there was nothing I could do,” Lachance said. “He took some gasping breaths. It hits you even harder later on.”
What continues to trouble Lachance is why she and other witnesses were forced to remain at the scene for hours, until 5:30 a.m., as police conducted their investigation, while the driver of the vehicle and her husband were allowed to go home
I didn't know Brandon or his family personally, but I've lived in and operated my business in the Innisfil and Barrie area for years and I'm one of thousands of community members demanding answers. Because of the lawsuit, Brandon's family is unable to speak out, but we can. Please help us find the truth for Brandon and his family by signing this petition and calling for an independent review of the police investigation about what happened that night.
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Post by woodsman on Apr 30, 2014 10:26:51 GMT -5
Here's my take on it. Tragic accident occurs. Ambulance chasing lawyer convinces parents to sue driver. $900,000 for medical & funeral costs. Drivers insurance company(responsible party for judgement)arranges counter suit as a protective measure. Parents lawyer goes to the press in an attempt to gather public sympathy by throwing out false/unproven & unprovable accusations. " Majewski, Mlynczyk, their new partners and their children are also suing the Simons and Simcoe County for a total of $900,000. Their suit alleges Sharlene Simon was speeding, under the influence or texting at the time of the accident, and that Jules Simon allowed her to drive the SUV when “he knew or ought to have known” she was in no condition to do so." (Pg. 2 of linked article) " The report also confirmed that Simon, who acknowledged driving at about 90 km/h, above the 80 km/h limit, wasn’t required to take a breathalyzer test because there were “no grounds to request” one. A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system".” (Pg. 2 of linked article) link
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Post by peter on Apr 30, 2014 15:06:28 GMT -5
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admin
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Post by admin on Apr 30, 2014 15:14:29 GMT -5
Outside police service to review South Simcoe Police investigation into Majewski’s death
A third-party has been called in to review South Simcoe Police’s investigation into the death of Brandon Majewski in 2012.
In a statement released on Wednesday, South Simcoe Police said “We believe the facts of this investigation were straightforward. We also understand that we have to earn and maintain the public’s trust and confidence in the discharge of our duties. To that end, Chief Rick Beazley will be engaging a third-party police service to review our handling of this investigation. The conclusions will be shared. Any recommendations will be carefully reviewed and acted upon.”
Majewski, 17, had been riding with two 16-year-old friends at about 1:30 a.m. October 28 when they were hit by a vehicle. Majewski was killed and one of the other teens was badly hurt.
The release goes on to say, “Our own review concludes that standard procedures were followed. These included: an At-Scene investigation, visibility testing, mechanical testing of the vehicle, forensic mapping of the scene, sobriety tests and interviews of the driver and independent witnesses. A Roadside Screening Device was administered at the scene and ruled out alcohol as a factor in the collision. Consistent with our practices, the Service provided the completed collision reconstruction report to a Provincial Prosecutor for the purposes of determining the appropriateness of laying charges. Based on the Provincial Prosecutor’s review, no charges were laid against any of the persons involved in the collision.“
The woman who was driving the vehicle is now suing Majewski’s estate, as well as his two friends who were with him that night. She is also suing the County of Simcoe, where the incident occurred, for failing to maintain the road where Majewski was struck.
Meanwhile, Majewski’s family is suing Simon, alleging she was speeding, may have been impaired, and may have been talking on a cell phone.
Neither claim has been proven in court. A court date hasn't been set.
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Post by Fishwacker on Apr 30, 2014 15:23:46 GMT -5
Woodsy and flipper'd be whistling a different tune if it were their kid.... DISGUSTING!
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Post by lazyarcher on Apr 30, 2014 16:31:42 GMT -5
Horrible accident, and the driver certainly has no class, but I doubt that's what any of this is about. Civil lawsuits are all about determination/assignment of responsibility and compensation where criminal accountability isn't found. The family is suing the driver for this reason, and the driver is counter-suing...whether its to influence the family lawsuit from proceeding, or for gaining public support for her own condition (good luck) or for seeking $$$ herself...it doesn't really matter. You can bet whatever the reason for the suit is, its been orchestrated by a legal team saying "this is how you respond to the family's suit" Sad.
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plu
Junior Member
Posts: 59
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Post by plu on Apr 30, 2014 16:36:42 GMT -5
This doesn't make sense at all. You can't hit someone like that and sue them after. If this shit actually goes through and that piece of shit gets any money what is there to stop people from looking for hitch hikers on the road hitting them and sue somebody for emotional trauma lol??? What type of world do we honestly live in. WOW
And anyone that says the situation was handled properly is out to lunch. The fact that the woman and husband both left the scene before other witnesses says ALOT!! No breathalyzer or roadside sobriety test at all. Hmmmmm maybe because the officer that showed up on scene was the husbands co worker.... It's not what you know in this day and age but more of WHO you know. Cops have their own "brotherhood" and stick together Well guess what if your not another cop your screwed. We've all seen it happen numerous times before, cops help other cops and screw the public..
This just goes to show what people are willing to do for money.... Do us all a favor and walk out in front of on coming traffic. This world doesn't need people like this.
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nino
Junior Member
Posts: 81
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Post by nino on Apr 30, 2014 17:11:32 GMT -5
I read almost all the stories.now what i dont understand is is this womans husband a cop? If this is true then we all have the answer why she was not givin a breatherlizer test , thats whyshe left the scene of the crime !! Now if the boys parents go to court he could ask for phone records of that nite to see if she was on phone at that time and who she called after crash. So on what i read here on this board she has no morals , but we where not in court so we dont have the whole story . This is just my opinon
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