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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.

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




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?

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