Please see video above to hear what I have to say about the Toyota Recall Lawsuits I like this article from findlaw.com: Toyota Recall Lawsuits: a Rundown By Joel Zand on February 12, 2010 4:08 PM | With millions of Toyota cars, SUVs, and trucks recalled by the Japanese automaker, FindLaw obtained a number of lawsuits that have been filed against Toyota around the country. Here's a quick overview of allegations raised in some of these recall lawsuits: o Wrongful Death. Some lawsuits charge that family members died because of unintentional or sudden acceleration that caused Toyota drivers to crash and lose their lives. o Sudden or Unintended Acceleration. Toyota and Lexus owners are claiming that their cars accelerated when their feet were on the brakes, or during their normal driving. o Electronic Throttle Control System ('ETCS-i' or 'ETCS') defects. Owners allege that the electronic systems of their Toyota's lack a failsafe that can override an electronic defect when their accelerator or gas pedal is pushed. o Fraud. Owners charge that they are victims of Toyota's alleged fraud in selling them defective cars that were supposed to be safe. o Negligence, Defective Product and Product Liability Claims. Toyota owners charge that they are driving defective cars that Toyota negligently manufactured. o Breach of Warranty. Many lawsuits allege that Toyota breached implied and express warranties that it gave owners, i.e., that their cars would be fit to drive, and due so safely. It appears that most of the lawsuits were filed in federal courts in an effort to get as many potential plaintiffs across the country as possible. Others Toyota lawsuits were filed in state courts like California and Texas. One Toyota owner even sued near Detroit, the Motor City.

Today I was thrilled to see the story of a subway train operator in Boston who stopped a subway train in time before striking a woman who fell onto the tracks due to intoxication.  The train operator stated that she was just "doing her job" - which is absolutely true.  Subway train operators are trained to be on the lookout for people who may fall onto subway tracks and take all reasonable steps to stop the train before running them over.  

As you may know,  I recently obtained a multi-million dollar verdict on behalf of a young man who fell on subway tracks (see prior post on this blog) - also as a result of intoxication - unfortunately for my client,the train operator did not perform as trained, unlike the subway train operator in Boston.  He did not stop the train, even though he had much more time to do so than the Boston operator.

The woman in Boston is very lucky.  Good Job Ms.Train Operator!!

I appeared on Fox News - The Live Desk - and debated the issue of medical malpractice reform with Martha MacCallum - the show's anchor.  Please check out the video above and share your thoughts!

Here is the official press release on the verdict I recently obtained which made front page news on The New York Post:

Smiley & Smiley, LLP, a prominent New York City personal injury law firm, obtained a $3,594,943 verdict on behalf of a 25-year-old man who suffered an amputation of his lower right leg as a result of being run over by a subway train.

(Vocus) February 17, 2009 -- Smiley & Smiley, LLP, a prominent New York City personal injury law firm, obtained a $3,594,943 verdict on behalf of a 25-year-old man who suffered an amputation of his lower right leg as a result of being run over by a subway train. The verdict was rendered by a Manhattan jury on February 9, 2009 (Supreme Court State of New York Index # 116779/06). The victim was represented by partner Andrew J. Smiley, Esq.

The tragic accident occurred at approximately 1:50am at the 14th Street - Union Square subway station on the southbound local "N" line. Prior to the accident, the victim had been out drinking with friends that evening and remembered getting to the entrance of the subway station, but did not recall any details of the accident or how he ended up on the subway tracks. Blood tests taken at the hospital revealed that he was intoxicated at the time of the accident, with a blood alcohol level of .18%. The Transit Authority claimed that the young man was solely at fault for putting himself in a position of danger on the tracks and claimed that the train operator did not have time to stop upon seeing movement on the tracks. Trial attorney Andrew J. Smiley proved that the train operator saw a "mass" on the tracks from over 180 feet away and that he was required to stop the train upon immediately seeing the unknown object. A Manhattan jury found the Transit Authority negligent and apportioned 35% of the fault to the victim. The jury awarded $3,594,943 to compensate the victim for his pain and suffering and medical expenses.

"A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person. The jury held the Transit Authority liable for not stopping the train when the operator had sufficient time to do so," said Andrew J. Smiley, Esq.

Smiley & Smiley, LLP, a boutique law firm in midtown Manhattan, specializes in representing victims who have suffered catastrophic injury as a result of another's negligence. The firm also represents clients who have sustained serious injuries or wrongful death resulting from medical malpractice, construction accidents, automobile accidents and product liability.

Andrew J. Smiley and his partners at Smiley & Smiley, LLP regularly appear on television news networks to provide legal commentary. Previous appearances on Fox News Network, Good Morning America, TrueTV, Headline News, and MSNBC can be viewed on the media page of the firm's website at smileylaw.com

Is Dr. Michael Kamrava, fertility doctor who assisted Nadya Suleman (aka "octomom"), committing malpractice by placing excessive amounts of embryos in his patients?

I discussed this issue with Dr. Marc Siegel on Fox News.  Please play the clip above to see what I had to say (I don't think you'll be surprised).  Please share your thoughts by adding a comment below - thanks!

I was asked the following "Ask Andrew" question: Who is responsible for an injury that results from slipping on snow & ice?

Please play my video response above.  As always, please let me know your thoughts and always feel free to ask me a question!

My partner, Jason D. Friedman, Esq. went on Good Morning America to discuss the wrongful death lawsuit against mega store Walmart. On Black Friday, a security guard hired by Walmart was trampled to death while trying to shelter a pregnant woman from the stampeding shoppers. There is no doubt that Walmart will be held responsible for this tragedy.  As Jason says in the video above, there were so many simple steps that could have been taken to prevent this.  I expect a big settlement will be announced within the next 6 to 8 months.  If Walmart allows this case to go to trial it would be a public relations nightmare.  We can only hope that this highly publicized tragedy will force stores to take appropriate precautions in the future.

An Illinois woman won a date in a radio station contest with Travis Harvey, a man the station promoted as a "great guy".  When she went on the date with Harvey, he allegedly raped her.  Turns out that Mr. Harvey is a convicted felon.  Think the radio station had an obligation to screen this guy before making him the star of the contest?  I certainly do!  This is a great case against the station.  I talked about it on Headline News (above).  What do you think?

courtesy of The Morning Show on Fox

I am always ready, willing and able to take a manufacturing company to court when it puts a dangerous product on the market - especially when that product is a children's toy. But parents must be aware and alert. Read all directions, follow child appropriate labels and by all means, don't let your small child play with potentially dangerous toys unsupervised. I was called upon by Mike & Juliet from the Morning Show to talk about this area of product liability law. The clip is playing above - let me know what you think.

I was asked the following "Ask Andrew" question:

 "Does Jennifer Hudson have the right to pursue a wrongful death case as a result of the horrendous murders of her Mother, brother and nephew?"

The short, but not so simple, answer is Yes, she and her family have the right to bring a wrongful death case.  A family member has the right to bring a wrongful death case when a loved one has died as a result of the negligence of others.  In addition to negligence, a claim can be pursued if the death was caused intentionally, by an assault or, as in this instance, a murder - this is known as an "intentional tort."

Ms. Hudson and her family would face a few problems which would likely preclude a successful case. As of this moment, the family is not certain who committed the murders.  However, once the murderer is identified, it is highly unlikely that the person has the money to pay a settlement or verdict obtained in the lawsuit. In a negligence case there is insurance to pay for death, in an intentional tort there is not. 

So, yes, Ms. Hudson and her family have a case that they would likely win, but there would be no money to pay if they are successful

My heart goes out to Jennifer Hudson and her family.