Attorney Sean Cleary's Legal Cases

Aviation

Airplane Fatal Crash

N/A

OUTCOME: Verdict in excess of $1 million

Sean represented a 93-year-old pilot, who was involved in a collision between two planes caused by the negligent actions of the air traffic controllers at Sarasota-Bradenton Airport. Sean tried the cas ... e with multiple co-counsel. Each co-counsel represented a separate pilot. Ultimately, before the verdict and after the trial concluded, they settled for a substantial amount that eventually exceeded the verdict. The Court ultimately rendered a verdict in excess of $1 million. Importantly, the most significant part of the award included the loss of support and services for the widow of the pilot Sean represented.

Personal injury

Circus Performers Injured at Casino

N/A

OUTCOME: Total verdict in excess of $1.2 million

Robert Szarka and Lisa Thomas v. Galaxy Entertainment of South Florida, Inc. Case #s: T2007-07-26-43 and T2007-07-26-44, Honorable Mathew Morgan presiding. The plaintiffs represented by Sean were a hus ... band and wife circus performer team comparable to a Cirque de Soleil act, with a local attorney retained in Oklahoma. The case faced complex jurisdictional and additional difficult sovereign immunity issues. While practicing for their show, the couple suffered primarily soft tissue injuries when a metal cage, previously used by another act, fell on them. Substantial multiple six figure settlements were reached between Plaintiffs and the Chickasaw Tribe and the rigging company. Subsequently, the case proceeded to trial in the Chickasaw Tribal Court against the only Florida company involved, Galaxy Entertainment. In 2008, an original verdict of more than $1.3 million was entered by the court. Next, Sean handled and argued two separate appeals which increased the original verdict with an eventual additional settlement of about $1.6 million.

Personal injury

Verdict Against Bank

N/A

OUTCOME: Substantial jury verdict

Ramjeawan v. Bank of America, Southern District of Florida, Case No.: 09-20963-CIV-COOKE, Hon. Judge Marcia Cooke. Sean represented the plaintiffs Michael Ramjeawan and Rittie B. Ramjeawan who sued the ... ir bank for gross negligence, civil theft, and punitive damages related to stolen certificate of deposit funds, which included their entire retirement savings. Sean had to overcome multiple, complex defenses including the bank's customer agreement and the Uniform Commercial Code provisions. These virtually wiped out the right to any cause of action because plaintiffs failed to recognize the fraud and bring a claim within the allotted time periods. Although prohibited under the customer agreement, in the end, Sean persuaded the Court to allow the claims to proceed to a jury trial, including the claim for punitive damages, which was extremely difficult to prove under this set of facts. The jury found for plaintiffs on the negligence counts and awarded substantial compensatory and punitive damages. The defendant appealed to the Eleventh Circuit Court of Appeals. The Eleventh Circuit affirmed.

Sean Cleary's Legal Cases (3)

Airplane Fatal Crash

Circus Performers Injured at Casino

Verdict Against Bank