Woman sues teen she hit and killed

[SophieRose]

Picture of the road section where accident occurred

http://storage.thebarrieexaminer.co...L.jpg?quality=80&size=810x&stmp=1398440639353

 

[Sonya610]

Oh, I've had my share of run-ins with kids doing this exact thing.....

(respectfully edited)

Oh, I have more stories, but I don't want to ramble on. I don't take their crap though. Neither should you or anyone else.

Uhhh...the kids were seven years old?

 

[LinasK]

But, the driver didn't leave the scene of the accident in this case. The driver in the case you cited should, at the very least, be charged with negligent homicide. It is a crime to leave the scene of any accident. One causing death is negligent homicide. They may not be able to prove DUI homicide because she fled the scene, but she surely CAN and SHOULD be charged with negligent homicide. The sentencing really doesn't make that much of a difference. It's practically the same sentencing guidelines.

Has she been charged with anything? If she hasn't... then I would be pressuring why? You have a right to question it.
She was convicted and is in prison.
The two cases are totally different though.

ETA: If I may ask... how do you know the driver was impaired by drugs when the accident happened? What drugs and how do you know? Did she confess? It was proven? How?

It was proven- I think they either contacted her doctors, found her pill bottles, or got her medical records, but they know she was abusing prescription painkillers. I'd have to look up the case to tell you what drugs specifically. IIRC Vicodin was one of them.
From this article: Barreto insisted that she hadn't been drinking the day of the crash. But police said she admitted to taking at least 10 painkillers and muscle relaxants. http://www.sfgate.com/bayarea/artic...-tragedy-relying-on-future-2718103.php#page-3
And this:
Equally vexing to Pack was the matter of the health care system’s role in the accident. Through the police investigation, he came to find out that Barreto was stoned on prescription drugs chased by vodka. She told investigators she had fallen asleep at the wheel.
Police determined that she had been working the health care system for several years, scoring thousands of pills, all through Kaiser doctors. In the two weeks before the accident, she had “doctor shopped” half a dozen Kaiser physicians in the area to score 340 pain killers and half again as many muscle relaxers. She took them all before the accident. http://www.38istoolate.com/stories/troy-pack/
This one has more detail: After locating Barreto, investigators discovered she'd been downing vodka and had taken more than a dozen painkillers before the accident. She'd visited multiple doctors in the same Walnut Creek Hospital to get multiple prescriptions for Vicodin and Flexeril, a muscle relaxant.
Outraged by how freely doctors had prescribed the narcotics, Pack founded the Troy and Alana Pack Foundation to work with politicians, police and advocacy groups for tougher public safety legislation, began anti-drunk driving efforts in schools, and fought district attorneys to change the charges against Barreto from vehicular manslaughter to second-degree murder.
Jim Doliber, whose children Hunter and McKenna survived the accident, said he's constantly amazed by Pack's patience, selflessness and resolve.
"I would get angry, but Bob would never get angry," Doliber said. "He focused on what he could do ... He'd just say, 'Well that door is closed, I'll find another.'"
In 2005, a jury convicted Barreto of murder, and the former nanny was sentenced to 30 years to life.http://www.mercurynews.com/breaking...ter-death-his-children-danville-man-tenacious

 

[Intermezzo]

I just read about this in the newspaper last night at work

There is more to this story from another witness on the scene

A female witness gives an account how she and her husband pulled over once they came upon the scene.
Her husband checked on 2 of the boys and She saw Brandon in the middle of the road, she went to him and held his hand while he was gasping for breath..
She attempted CPR until someone with more experienced arrived
She questions why the driver and her husband were allowed to leave the scene while she and other witnesses had to stay
The Husband of the Driver who hit the teens is ALSO suing

Witness who held Innisfil teen's hand after fatal bike crash speaks up
http://www.thebarrieexaminer.com/20...teen-following-fatal-bicycle-crash-speaks-out

She says she recalls the driver's "husband" suddenly appeared frantic at the side of the road and asked her their location so he could call police. She told him and he walked back to his wife's vehicle.

"Then he was gone," Lachance said. "I never saw him again."

Even more confusing Cameron said, is the fact that the woman's husband, Jules Simon, a York Regional Police officer, is also suing for $100,000 for damages and expenses incurred because of his wife's suffering

-------------------------------------------------------

 

[tlcya]

hmmmmm. Do we know that the wife was driving? As in did the witnesses SEE her behind the wheel? I find the husband leaving unusual, especially for someone in LE.

Sorry, its the speculator in me.

 

[Intermezzo]

That does seem odd to me, but if I were to guess... she was showing no signs of impairment and officers had no reason to want to test her. I do think it should be mandatory in all fatal accidents, but that's just me. I wish they had though. Just to protect HER now from these allegations. Unjustified ones, IMO.

If I'm doing my math correctly (and I am really bad at math) it appears she wasn't even going 10mph over the speed limit? Heck... it is like 6mps over the speed limit. Hardly criminal.! It appears that 80kmp is 49.7mph and 90kmp is 55.9. I would assume in mph terms, the speed limit would have been 50mph and she was going 56mph. Speeding, in the legal sense of the word... but I know most cops would NOT pull you over for that if you passed them. Unless they were really strict.

The driving 10KM/H over the posted limit is HER word..right? She told the Police she was driving 90KM/H in a 80KM/H zone

And I agree most Officers would not stop you or ticket you for 10 over the limit.. you don't lose any Demerit points on your Drv Lic at 10KM/H over the speed limit either.

My brother in laws are Police Officers..IN the City they may pull drivers over for doing 10 over the limit in a Residential area. BUT they rarely issue a ticket..Mostly warnings because there are children in the area.

 

[LinasK]

But, the driver didn't leave the scene of the accident in this case.

I just read about this in the newspaper last night at work

There is more to this story from another witness on the scene

A female witness gives an account how she and her husband pulled over once they came upon the scene.
Her husband checked on 2 of the boys and She saw Brandon in the middle of the road, she went to him and held his hand while he was gasping for breath..
She attempted CPR until someone with more experienced arrived
She questions why the driver and her husband were allowed to leave the scene while she and other witnesses had to stay
The Husband of the Driver who hit the teens is ALSO suing

Witness who held Innisfil teen's hand after fatal bike crash speaks up
http://www.thebarrieexaminer.com/20...teen-following-fatal-bicycle-crash-speaks-out

She says she recalls the driver's "husband" suddenly appeared frantic at the side of the road and asked her their location so he could call police. She told him and he walked back to his wife's vehicle.

"Then he was gone," Lachance said. "I never saw him again."

Even more confusing Cameron said, is the fact that the woman's husband, Jules Simon, a York Regional Police officer, is also suing for $100,000 for damages and expenses incurred because of his wife's suffering

-------------------------------------------------------

According to this article, they did leave the scene, so how could a breathalyzer be done???

 

[Intermezzo]

hmmmmm. Do we know that the wife was driving? As in did the witnesses SEE her behind the wheel? I find the husband leaving unusual, especially for someone in LE.

Sorry, its the speculator in me.

They were driving in separate vehicles
The husband was following the wife

http://www.thebarrieexaminer.com/20...teen-following-fatal-bicycle-crash-speaks-out
According to the police report and court documents, Jules Simon was following his wife in another vehicle the night of tragedy. But Cameron doesn't know why he was following her, or where they were coming from.

 

[LinasK]

‘Her enjoyment of life has been and will be lessened’

How about the boys' life she took?????:banghead::banghead::banghead:
http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/

 

[LadyL]

the title is misleading ... this is a countersuit - which everyone files when they are sued

did the plaintiff actually expect them not to file a countersuit? her kid was biking in the middle of a highway in the dark at 1:30 a.m. with no bikelights, no reflectors, and no helmet

yes, the defendant(s) are traumatized - why wouldn't they be?

btw, for those questioning the speed - the driver claims about 90 km but there might have been other drivers (husband following?) who were going around the same speed who could attest to the 90 km estimate and there might also have been brake marks that police can measure to assess speed

 

[tlcya]

I gotta say, gonna climb up on the fence for a bit.

Why was hubby following her home at 1:30 in the morning? He is LE so that could account for why the driver wife was not suspect for a sobriety check if she exhibited no obvious signs of drunkenness or any signs were attributed to shock.

The boys were also in the middle of an unlit roadway at 1:30 in the morning without reflective gear on themselves or the bikes.

I am not sure how I feel about this one. At first I felt for the parents of the kids. Then I felt for the driver, now I just feel badly for them all and wish them all eventual peace.

I am viewing this like an insurance company and trying to keep emotion out of it, as that is what judge will need to do. I can see possible contributing actions all around. The end result was tragic.

 

[Intermezzo]

According to this article, they did leave the scene, so how could a breathalyzer be done???

That is were I am confused
IF they left before the Police got there she would have been charged with failure to remain at the scene of an accident and get 7 demerit points on her Drv
IMO the Witness was so focused on the dying teen and administering CPR that she didn't think about them again until Paramedics and Police were on the scene and begun investigating.

http://guardianlv.com/2014/04/canadian-female-motorist-who-killed-teen-bike-rider-suing-his-estate/

The report also read that Simon, who admitted to driving around 90 km/h, which is above the 80 km/h speed limit, did not take a breathalyzer test because police stated there were not any grounds to request one. They did give her a roadside screening test because of legalities and registered that there was zero alcohol content in her blood stream.

 

[LadyL]

A collision reconstruction team from the South Simcoe Police Service investigated the crash; their 26-page report found that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.”

(regarding earlier questions about speed, collision team would've investigated that)


As Mr. Majewski put it, “They’re kids; they’re allowed to make a mistake.” -

(so older teenagers are allowed to make a mistake that costs lives and causes trauma but the driver is not allowed to possibly make a mistake because she's an adult?)


... 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.”

(what is a roadside screening device? - whatever it is, it measured zero alcohol)


Their suit alleges Ms. Simon was speeding, under the influence or texting at the time of the accident

(they don't even know which to accuse her of? let's just throw it all against the wall and see what sticks?)


http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/

 

[MyBelle]

the title is misleading ... this is a countersuit - which everyone files when they are sued

did the plaintiff actually expect them not to file a countersuit? her kid was biking in the middle of a highway in the dark at 1:30 a.m. with no bikelights, no reflectors, and no helmet

yes, the defendant(s) are traumatized - why wouldn't they be?

btw, for those questioning the speed - the driver claims about 90 km but there might have been other drivers (husband following?) who were going around the same speed who could attest to the 90 km estimate and there might also have been brake marks that police can measure to assess speed

The driver is at fault. A counter suit still has to be proved and there is no proof the kid did anything illegal.

 

[LadyL]

The driver is at fault. A counter suit still has to be proved and there is no proof the kid did anything illegal.

the driver was not charged with anything - how does that equate to the driver bring at fault?

the kid's family is alleging in their suit that the driver and her husband did all kinds of illegal things yet there is no proof of that either

 

[Intermezzo]

the title is misleading ... this is a countersuit - which everyone files when they are sued

did the plaintiff actually expect them not to file a countersuit? her kid was biking in the middle of a highway in the dark at 1:30 a.m. with no bikelights, no reflectors, and no helmet

yes, the defendant(s) are traumatized - why wouldn't they be?

btw, for those questioning the speed - the driver claims about 90 km but there might have been other drivers (husband following?) who were going around the same speed who could attest to the 90 km estimate and there might also have been brake marks that police can measure to assess speed

IS it a countersuit though?

I read The family of the deceased teen is suing for Funeral and Medical expenses.
From what I know that is not a highly unusual claim.

http://www.thebarrieexaminer.com/2014/04/25/driver-that-struck--alcona-teen-suing-dead-boys-family
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.


The Driver (also named as Plaintiffs in her suit..her husband, her mother and her 3 children) is suing, for 1.35 million, the dead teen, the teens parents, the dead teens' now deceased brother, the other teens and their families for emotional trauma, and suing the County which maintains this rural road

 

[killarney rose]

‘Her enjoyment of life has been and will be lessened’

How about the boys' life she took?????:banghead::banghead::banghead:
http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/

First, let me say, this is a tradegy for all of them. However, I don't blame the woman for counter suing. What about the responsibility of the parents who allowed their kids to be out, riding down the middle of the road at 1:30 am? As a parent I have to say, that is total irresponsibility on their part. Those kids should have been at home at that hour.

 

[Intermezzo]

the title is misleading ... this is a countersuit - which everyone files when they are sued

did the plaintiff actually expect them not to file a countersuit? her kid was biking in the middle of a highway in the dark at 1:30 a.m. with no bikelights, no reflectors, and no helmet

yes, the defendant(s) are traumatized - why wouldn't they be?

btw, for those questioning the speed - the driver claims about 90 km but there might have been other drivers (husband following?) who were going around the same speed who could attest to the 90 km estimate and there might also have been brake marks that police can measure to assess speed

I read The family of the deceased teen is suing for Funeral and Medical expenses.
From what I know that is not a highly unusual claim to be made

http://www.thebarrieexaminer.com/2014/04/25/driver-that-struck--alcona-teen-suing-dead-boys-family
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.


The Driver (also named as Plaintiffs in her suit..her husband, her mother and her 3 children) is suing, for 1.35 million, the dead teen, the teens parents, the dead teens' now deceased brother, the other teens and their families for emotional trauma, and suing the County which maintains this rural road

 

[Intermezzo]

I gotta say, gonna climb up on the fence for a bit.

Why was hubby following her home at 1:30 in the morning? He is LE so that could account for why the driver wife was not suspect for a sobriety check if she exhibited no obvious signs of drunkenness or any signs were attributed to shock.

The boys were also in the middle of an unlit roadway at 1:30 in the morning without reflective gear on themselves or the bikes.

I am not sure how I feel about this one. At first I felt for the parents of the kids. Then I felt for the driver, now I just feel badly for them all and wish them all eventual peace.

I am viewing this like an insurance company and trying to keep emotion out of it, as that is what judge will need to do. I can see possible contributing actions all around. The end result was tragic.

I agree.
It was/is a tragedy.

Update
Looking for the article again
But I read the driver and husband were coming back from a Halloween party. They could have arrived at the party separately.

http://www.simcoe.com/news-story/44...d-alcona-teen-in-accident-suing-boy-s-family/
At the time of the crash, Ms Simon was being followed by her husband Const. Jules Simon. They were on their way to the their Alcona home from a Halloween party.

 

[tlcya]

the suit is to decide if the driver is at fault, the counter to decide if the kids were also at fault. No one has been arrested charged or convicted of anything. In these civil suits, no one has been determined to be at fault as yet.

Thank you for the snips about the testing on scene per regulation guys. So still wishing there was no suits but seeing liability on both sides of the case here.

Even without texting or intoxication, the lady admitted speeding (slightly) which would give her even less reaction time, so the speeding must be considered a contributing factor because it further impeded her time to respond to the cyclists.

“lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.”

and then the boys, biking down the middle of the roadway without any reflective gear, and not being on the lookout for headlights of vehicles in order to move over to the side or make sure they saw the vehicle and the vehicle saw them?

:fence: