• Follow us on Twitter @buckeyeplanet and @bp_recruiting, like us on Facebook! Enjoy a post or article, recommend it to others! BP is only as strong as its community, and we only promote by word of mouth, so share away!
  • Consider registering! Fewer and higher quality ads, no emails you don't want, access to all the forums, download game torrents, private messages, polls, Sportsbook, etc. Even if you just want to lurk, there are a lot of good reasons to register!

Lawsuits...Only In America

Jump to latest Follow Reply
Sort by date Sort by votes
Buckeye513 said:
They gave her a roadside sobriety test. You're still ignoring the half of the accident that involved cyclists being stupid. Or can people do dumb and dangerous [Mark May] and not expect consequences anymore? Must be nice.
Click to expand...

Did the story say that? It seems to state that they did not in the story linked.

The report also states: “no breathalyzer was performed” — a point Cameron intends to delve deeper into, he says.
Click to expand...

However, the person behind her just happens to also be a police officer....hmmmm

Simon’s husband, a York Regional Police officer, was driving behind his wife that drizzly night, but little is mentioned about him as a witness in the police report. He pulled over when Brandon was struck, and shortly after both were allowed to go home. It was another witness who pulled over to tend to Brandon and called 911.
Click to expand...

I don't know this person. I do know she wasn't found to have violated any laws. As far as the lawsuit goes, the family is suing her for $900k, her name is out there, and they've got internet justice warriors like yourself thinking she was speeding/drunk/texting. You could tell me you'd sit on your ass while having a potentially crippling civil suit thrown at you and being publicly slandered all you want, but you'd be lying.
Click to expand...

:lol:

Internet justice warriors. Whatever you want to believe. You seem really invested in this person's innocence/guilt or culpability as well my friend.

And you're right, I wouldn't. However, I would have protected myself as much as possible when the accident happened. She hasn't done that from the information available within the linked story.

And I certainly wouldn't have counter-sued proclaiming emotional distress knowing that a family lost their one son because of my vehicle as if they didn't suffer more. More victim mentality in 'Murica for you I guess.

EDIT: just realized this was in Ontario.
 
Upvote 0
And I certainly wouldn't have counter-sued proclaiming emotional distress knowing that a family lost their one son because of my vehicle as if they didn't suffer more. More victim mentality in 'Murica for you I guess.
Click to expand...
I assume you also wouldn't counter sue for the court fees incurred from the initial lawsuit either, right?
 
Upvote 0
jwinslow said:
I assume you also wouldn't counter sue for the court fees incurred from the initial lawsuit either, right?
Click to expand...

Is that what she's counter-suing for? Need more information....from the story linked it appears that she's counter-suing for emotional distress more than court costs.

From the story:

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.
Click to expand...

If someone has other information I'd love to see it. I'll modify my statement (slightly) - if she's suing for anything other than to clear her name and the court costs associated with the other suit, it's wrong.
 
Upvote 0
My point was that you would counter sue and the internet would probably willfully ignore the reason why you were suing. You get a lot more clicks if you leave out that part, which they did intentionally or because research is dead.

Also how does one sue to clear their name and not involve the emotional distress?

Maybe she is a villain for trying to profit. Or maybe this event has ruined her life and the lawsuit is her way of retaliation. I don't like it but then I dislike most litigation.
 
Upvote 0
It seems to me that the easiest way to clear her name would have been to actually follow police protocol for a fatality accident instead of having your husband cop help you get your story straight while a kid was laying in the ditch dying while you concocted a plan to leave the scene ASAP instead of calling 911.
 
Upvote 0
Let's be honest. The system has been corrupted to the point where we absolutely must carry insurance to protect out family and all we own. And we're too lazy to go to the polls at election time to change things. So, rather than just whining about people "taking advantage of the system"(like we see on internet forums every day), why don't we get up off our ass and change things?
We are lazy and deserve what we are getting. It's no one's fault but our own. We can whine about others taking "personal responsibility" but it's on us to take responsibility for the way things are.
That is the only "truth".
 
Upvote 0
MililaniBuckeye said:
Sorry, but I didn't know there was a time of day bicycles aren't allowed on the road..
Click to expand...
But there are laws regarding how you are allowed to operate your bicycle on the road, including Canada's very specific guidelines for lights and reflectors when riding at night.
Lights and reflectors on bicycles, etc.
(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor-assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector approved by the Ministry on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be place on its rear. 2009, c. 5, s. 28 (1).
Click to expand...
 
Upvote 0
I (unfortunately) handle these claims everyday, well these and cars that hit golf carts....pedestrians...etc.

There is no outcome that will put the kids a majority at fault. There is clearly negligence on their end, but I don't know enough about Canada's laws to speak on it. Some states in the US it's if you are more than 50% at fault, you can't recover anything. Some states it's a pure comparative, i.e. if you're 90% at fault you can still recover 10%. Some states if you are found 1% at fault, you can't recover anything. The 50% is the most common though.

It's not reasonable to imagine kids bike directly into a street at night in front of two moving vehicles....one kid, maybe he didn't see it....3 kids? Nope.

I imagine her auto insurance is handling the case anyways since she'll have legal representation thru her policy.
 
Upvote 0
MililaniBuckeye said:
Sorry, but I didn't know there was a time of day bicycles aren't allowed on the road. The bitch that hit those kids should get the chair...
Click to expand...
I didn't know there was a time of day cyclists didn't have to take precautions to avoid traffic. Like, for example, making yourself visible while biking at night on a dark road.
MililaniBuckeye said:
With her cop husband right behind her. Yeah, no conflict of interest there, sparky.
Click to expand...
Cool. The story isn't about the family suing the police department for being negligent. It's about someone who hasn't been convicted of a crime getting sued for $900k while being publicly slandered and counter-suing to protect themselves, which is something anyone who isn't a total fucking dumbass would do. Of course, all of the people who hate Nancy Grace but love acting like Nancy Grace only see "WOMAN SUES FAMILY OF BOY SHE MURDERED WHILE DRUNK DRIVING."
 
Upvote 0
You must log in or register to reply here.
Back
Top