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SMILEY LAW OBTAINS LARGEST 9/11 AWARD IN THE NATION FROM FEDERAL VICTIMS COMPENSATION FUND - $8.6 MILLION FOR SURVIVOR

Smiley & Smiley, LLP is proud to report that we obtained an award of $8.6 MILLION on behalf of "Jane Doe #1," the first victim of the World Trade Center attacks to be admitted to the hospital and the last to be discharged over 14 months later. Jane Doe suffered horrific injuries when the landing gear of one of the planes came thundering down upon her, crushing her legs and feet and severing her buttocks. The $8.6 Million award was the largest sum of money awarded by the Victims Compensation Fund to a victim of the World Trade Center attacks.

This award came eight months after partner Guy I. Smiley, Esq. appeared on national television, before an audience of 13 million viewers, to champion our client's case during a one-hour Dateline NBC feature of Jane Doe's heroic course towards recovery. We are extremely proud to have achieved the largest award granted by the Fund on behalf of our client. Our representation of Jane Doe was done on a no-fee basis as part of Trial Lawyers Care. Smiley & Smiley, LLP extends a special thank you to our own Jason D. Friedman, Esq. who spent a tremendous amount of time and expertise working on behalf of the many victims and families of the 9/11 attacks.

$1.365 MILLION FOR INJURED CONSTRUCTION WORKER

Smiley & Smiley, LLP obtained a $1.365 Million Settlement during trial on behalf of a 39-yr-old demolition foreman who was struck in the head by a falling piece of concrete. At the time of the accident our client was on the ground giving orders to his crew during a project to rehabilitate the Triborough Bridge. As a result of the blow to the head, our client was knocked unconscious and later suffered permanent injuries to his head and back. At trial, we were establishing that the Triborough Bridge and Tunnel Authority (TBTA) violated specific Labor Law statutes that require overhead protection to protect worker's from falling debris. After partner Andrew J. Smiley, Esq. presented his first week of evidence at trial, the TBTA offered this substantial sum to resolve the case.

$500,000 DENTAL MALPRACTICE VERDICT

On December 21, 2000, our client, a 35-year-old computer consultant, underwent what should have been a routine oral surgical procedure to have his bottom left and right wisdom teeth extracted. Unfortunately, the procedure did not go as expected and our client came out of the surgery with a numb lip, chin and tongue. The numbness never went away. Our client soon learned the cause of the numbness: during the course of the procedure, the oral surgeon had transected/cut nerves on both sides of his mouth. The defense refused to offer any money to settle this case, claiming that the transections were not evidence of malpractice, but were accepted and known risks of the extraction procedure. Partner Andrew J. Smiley, Esq. and his team of experts strongly disagreed with the defense and brought this case to a jury. After seven days of trial, the jury found that the oral surgeon committed malpractice, and it rendered a verdict for our client in the amount of $500,000.

MICHAEL V. CIBELLA, ESQ. JOINS SMILEY LAW SPECIALIZING IN CRIMINAL DEFENSE

We are pleased to announce that Michael V. Cibella, Esq. has joined Smiley & Smiley, LLP, of counsel, where he will handle criminal defense and civil litigation matters.

Prior to joining Smiley Law, Mr. Cibella served the people of Brooklyn, New York, for approximately five years as a Senior Trial Prosecutor in the Kings County District Attorney’s Office, where he prosecuted and successfully brought to trial numerous cases such as assault, narcotics crimes, weapons possession, armed robbery and conspiracy. He also obtained hundreds of Grand Jury indictments, negotiated countless plea agreements, engaged in extensive motion practice, and investigated and served as co-trial counsel in multiple homicide prosecutions, including prosecutions for capital murder. After moving on from the District Attorney’s Office, Mr. Cibella continued to concentrate in litigation and worked at two top New York City civil practice litigation firms.

Mr. Cibella will be assisting Smiley Law on many of our personal injury cases and will be handling all criminal matters referred to the firm. If you, or someone you know, is in need of representation on any type of criminal matter, please contact Michael V. Cibella, Esq. at Smiley & Smiley, LLP.

Woman Struck in Head by a Cocktail Shaker Awarded $1.5 Million Settlement

What started out as a quiet evening at a restaurant bar quickly turned into a life-changing event when our 37-year-old client, who was enjoying a drink with a friend, was struck in the back of her head by a cocktail shaker that flew out of a showboating bartender’s loose grip. The metal shaker, filled with ice and liquid, struck our client with such force that it caused her brain to violently rotate around the brainstem. The resultant “shearing injury” caused a lesion in her brain in the region that controls the ability of the eyes to focus and converge while reading. Our client, a recent MBA graduate of Columbia University, can no longer pursue any occupation that requires extensive reading. Due to this permanent injury, our client will never be able to enjoy reading a book or magazine without struggling. It takes her ten minutes per page to read the words because her eyes constantly shift in and out of focus. Smiley & Smiley, LLP obtained an award of $1,500,000 on behalf of our client on the day of jury selection as the case proceeded towards trial. The defense argued that there was no evidence of skull fracture or subdural hematoma and therefore the injury could not have been caused by the blow from the shaker. However, we proved that the blow caused her head to rotate with such force that it caused the axons in this particular region of the brain to tear without other evidence of trauma.

Medical Malpractice - Negligent Performance of Laser Eye Surgery

Smiley & Smiley, LLP recently obtained a settlement of $300,000 on behalf of a 35-year-old woman who underwent PRK laser eye surgery. We were able to prove that the defendant doctor was negligent when he entered the wrong measurements into the laser machine prior to the surgery. As a result, the laser cut our client’s eye at the wrong angle and caused her vision to become much worse than it was prior to the surgery. We were able to secure this settlement relatively quickly due to our thorough medical investigation about what went wrong during the surgery. In addition, we were able to settle the case through mediation which reduced our time and expenses to the benefit of our client.

SMILEY LAW CELEBRATES ITS 37TH ANNIVERSARY!!  

Since our inception as Smiley, Schwartz & Captain in 1968, we have had the pleasure of representing over 5,000 clients. We are thankful for the referrals we continue to receive from our clients, attorneys, colleagues and friends. Over the past 37 years, we have been fortunate to stay in touch with a large majority of you and we would like to continue to hear how you are doing. Please help us celebrate our 37th Anniversary by saying "hello." We are easily reachable by phone (866-SMILEYLAW) and email (info@smileylaw.com) or through our web site at www.smileylaw.com. We look forward to hearing from you!