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As a highly accomplished Miami personal injury attorney, Sean M. Cleary has helped numerous victims of negligence obtain considerable compensation for their physical, emotional and financial damages. He works relentlessly to build strong personal injury cases that allow spinal cord injury, brain injury, fractures and psychological distress victims obtain just compensation. In addition, he has considerable experience assisting families of wrongful death victims to hold parties responsible for their suffering financially liable.

Please review the list below of significant results obtained by Mr. Cleary at his current firm, as well as while under the guidance of other distinguished attorneys at other firms he has worked for during his career. Please note that the names and other significant details of these cases are not included due to the confidential nature of certain settlements and also to protect the identities of our clients.

Tire Litigation

Mr. Cleary represented a family for wrongful death in a tread separation accident involving a defective tire. The case settled for $3,250,000.00 prior to trial.

Firestone Tire Case

Another tire case, which recently settled prior to trial for a confidential amount, involved the recalled and defective Firestone Wilderness AT. Mr. Cleary and his co-counsel represented a young boy whose mother and father were tragically killed after their Firestone tire separated while they were driving in a Mercury Mountaineer SUV on Interstate 75 returning to Miami from the West Coast of Florida. After the tread separation occurred, the SUV rolled over off road.

Fire Results in Tragic Death in Daytona

On March 29, 2008, a young disabled boy burned to death in his family’s trailer home in Volusia County, Florida. After the fire started, the boy’s mother and step-father attempted to rescue him but were prevented from doing so because of the large flames. They tried to put the fire out with a hose; however, the boy couldn’t escape and ultimately died. Before the fire occurred, the family had complained several times to the Florida Power & Light Company about power surges at their home, which caused several appliances to burn out and lights to flicker because of an open neutral condition. The family brought suit against FP&L, as well as the landlord and an electric company for negligent wiring in the trailer.

The case settled for a confidential amount prior to trial.

Verdict against Bank of America

In May 2010, Mr. Cleary represented Michael and Ritie Ramjeawan in a trial against Bank of America. A jury awarded the Ramjeawans $654,684.01, including $150,000 in punitive damages for the bank’s reckless conduct. The verdict was partially reduced due to a finding of comparative fault; however, the net verdict with interest will be in excess of $645,000.00.

Michael and Ritie Ramjeawan, two elderly customers of the bank, had deposited their life savings into an allegedly secure and protected Certificate of Deposit that Bank of America claimed to be “Risk-Free.��? In 2005, Plaintiffs’ account sustained the first of several frauds. Afterwards, the bank placed a security warning on the account, which was designed to prevent bank employees from withdrawing money unless the Ramjeawans came physically into the bank and requested a withdrawal. In 2007, while the Ramjeawans were living in St. Lucia, the bank withdrew $504,000 from their account allegedly based on a telephone call from someone claiming to be Michael Ramjeawan. In doing so, Bank of America violated many of its own internal policies and procedures.

Approximately one month prior to the 2007 theft, Bank of America stopped sending monthly account statements to the Ramjeawans, which would have alerted them to the fraud. By chance, in late 2007, Plaintiffs learned during a phone call to the bank to check the status of their accounts that their money had been stolen. Immediately, they asked the bank to conduct an investigation and Bank of America agreed. However, during the lawsuit, Mr. Cleary discovered that Bank of America had actually provided the Ramjeawans with fake fraud claim investigation numbers and had failed to conduct any of the promised fraud investigation. In 2009, the Ramjeawans filed this lawsuit against Bank of America in federal court. Amazingly, after the lawsuit was filed, a new account that Michael Ramjeawan opened with his son, also sustained a loss due to fraud. Bank of America ultimately refused to pay any of the Ramjeawans’ money and the Plaintiffs were forced to take the case to trial, where a jury found in their favor.

Defective Hip Implant

A 62 year old man sustained the bilateral fracture and removal of two defective identical hip implants, ultimately sustaining a serious infection that forced him to be without one of his hips for over one month. His case settled for $950,000.00.

Cruise Ship Litigation

A cruise ship passenger fractured her hip and required surgery, resulting in a settlement of $295,000.00.

A cruise ship passenger was injured while at the ship’s casino after a slip and fall on a wet surface. She sustained fractured bones in her foot as well as a compound fracture of her femur, which required surgery. This case settled for $401,500.00.

Cruise Ship – Shore Excursion Accident

The Southern District of Florida, in Case No.: 06-22836 denied Defendant Cunard Line Limited’s Motion for Summary Judgment. See attached Order in Malcolm Pownall v. Cunard Line Limited Co. Before this landmark decision, cruise lines had been successful in arguing for and obtaining summary judgment in cases involving their own shore excursions, thereby preventing Plaintiffs from obtaining any recovery. The eight Plaintiffs involved in this case were passengers on Cunard’s shore excursion known as the Tortola Historic Tour in the British Virgin Islands. The tour bus sustained a brake failure and ultimately crashed after plummeting down a mountain. Among other arguments, Defendant Cunard argued that its ticket contract contained an exculpatory clause, which prohibited suing the cruise line for its own shore excursion. It also argued that the actual tour operators, not including Cunard, were independent contractors and therefore the cruise line should be exonerated from any liability. In the end, the Court properly denied Cunard’s arguments and found the existence of numerous material issues of fact. A copy of the Court’s Order is attached.

Commercial Litigation – Defense Verdict

Mr. Cleary was hired, along with another attorney, to defend a client in a federal court breach of contract dispute arising out of an alleged sale of Grumman aircraft parts. After significant discovery was conducted, the case was tried, and Mr. Cleary’s client was successful in obtaining a defense verdict. Mr. Cleary and his co-counsel are now representing that same client as he attempts to recoup his damages in a separate lawsuit against the owners of the same corporation that wrongfully sued him.

Motor Vehicle Accident Cases

$5,500,000
Husband and wife were killed in a high speed accident on Interstate 95 when their van was rear ended by a tractor trailer traveling above highway speed and then pinned against another tractor trailer stopped on the highway. Mr. Cleary, settled the case during trial.

$1,395,000
A propane truck ran out of control and killed a doctor on vacation with his family. The doctor was survived by his wife and two children. The case settled for well in excess of the driver's available insurance policy limits.

$850,000
A University of Miami student was negligently run off Interstate 395 near Miami Beach by a drunk driver with minimal insurance coverage. The negligent driver's insurance company settled prior to trial for a significant amount over the policy.

Aviation/Airplane Accidents

$3,300,000
A 33 year old husband and father was killed when the twin engine passenger airplane he was traveling in with his employer crashed just off the runway. Mr. Cleary and other lawyers filed a lawsuit against the aircraft manufacturer, an engine component manufacturer, and a maintenance company, among others. This case settled for a significant amount just as Mr. Cleary and his client were about to commence trial.

$1,250,000
The 92-year-old pilot in this airplane accident was tragically killed during a runway collision when his airplane was negligently directed into another plane also attempting to take off. The case was tried and resulted in a substantial verdict and then settled soon thereafter.

Rollover/Defective Tires Cases

$1,250,000
A defective SUV rolled over resulting in the amputation of several fingers of the driver's hand, among other injuries, the death of her husband, and significant injuries to a rear-seat passenger. The case was brought against the vehicle manufacturer and settled just prior to trial.

$1,150,000
A van rolled over following a defective tire tread separation, which caused the death of an elderly man. This case was brought against the vehicle and tire manufacturers and others involved in maintenance of the vehicle, and settled prior to trial.

Other Defective Product Cases

$395,000
A man's home burned to the ground in the Florida Keys after he used and turned off a defectively designed insect killing fogger.

Boating Accidents

$750,000
A windsurfer was struck in the Florida Keys by a small fishing boat, known as a flats boat, resulting in significant injuries to his leg and foot, requiring several surgeries.

Scuba Diving Accidents

$650,000
A scuba diving accident resulted in severe injuries to a woman after her negligent dive master failed to properly guide the group dive.

For several years prior to attending law school, Mr. Cleary worked as a professional scuba instructor, training students at resorts in Mexico and the Caribbean. He is certified by the Professional Association of Diving Instructors as a Master Scuba Diver Trainer and Open Water Scuba Diving Instructor. This experience provides Mr. Cleary with special insight when reviewing cases involving water based incidents, such as scuba diving, cruise ship incidents, and resort accidents in the United States, the Caribbean, Central America, South America and elsewhere.

Defective Scuba Tanks/Equipment

Mr. Cleary has represented several clients in regards to defective scuba tanks, and other scuba equipment, including defective dive computers.  In one case, he represented a Florida Keys resident in a case that settled for a confidential amount prior to trial.  In that case, the dive instructor was significantly injured when his scuba tank exploded, amputating his leg.  

Significant Personal Injuries at Indian Casino

Robert Szarka and Lisa Thomas, who were once world-renowned acro-balance performers, were seriously injured after a large metal cage fell approximately twenty feet and struck them. The incident occurred at the Riverwind Casino on the Oklahoma, Chicasaw Indian Reservation. The case was tried and resulted in a substantial verdict of $1,262,110.00. On appeal, Robert Szarka’s initial verdict amount was increased by an additional $885,586.13. Lisa Thomas’s settled during the appeal; however, she also received substantial additional compensation as part of a confidential settlement.

Medical Malpractice

$2,500,000
A police officer was severely injured when a Florida hospital and surgeon negligently left a towel inside her abdomen. The case settled during trial.

Helicopter Crash

A confidential settlement was entered into regarding a tragic helicopter crash. A portion of the case recently settled for $1,292,000.00.

The information presented on this page and throughout the website is not, nor is intended to be, legal advice. The described personal injury cases represent past performance and should not be used as indicative measures of specific future events. You should consult an experienced attorney for advice regarding your individual situation. The Law Offices of Sean M. Cleary invite you to contact our Miami personal injury attorneys at (305) 416-9805 for a thorough case review. Please note that contacting Mr. Cleary does not create an attorney-client relationship. Please do not electronically send any confidential information until you have discussed your case in detail and have signed a contract with Mr. Cleary to establish an attorney-client relationship.