Over the last 18 years, Sean M. Cleary, who is now president and owner of the Law Offices of Sean M. Cleary, P.A. has established a reputation as one of Miami's most experienced, highly skilled personal injury lawyers.
Sean's practice areas include: Car Accidents, Defective Products (including automotive components, tires, airbags, seat belts, roof crush, fires, etc.; pharmaceutical drugs; medical devices; and other types of products), Personal Injury, Wrongful Death, Medical Malpractice, Admiralty & Maritime Accidents, Cruise Ship Accidents, Aviation (private and commercial airplanes and helicopters), Amusement Park Rides, and Water Slides.
Sean received his law degree from the University of Miami School of Law, with the distinction of Cum Laude. While at the University of Miami, he was selected as a Member and/or Officer for the University of Miami Moot Court Board, the International Moot Court Board, the National Moot Court Team, and the Business Law Journal. In his first year of law school, Mr. Cleary and his trial partner won the University of Miami Moot Court Competition. Before graduating, he was inducted into the Phi Delta Phi Honor Society.
Sean obtained his undergraduate degree on the Dean's List from the University of Notre Dame where he received a Bachelor of Science in Pre-Professional Studies (Biology).
Sean is licensed by the Florida Supreme Court to practice in all Courts in the State of Florida, the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, and the United States Supreme Court, and is a member of the Chickasaw Bar, Chickasaw Indian Nation, Oklahoma. He is also regularly admitted pro hac vice in other states, including in both state and federal court.
Sean is married and has two children and is an avid scuba diver, having obtained a Master Scuba Diver Trainer instructor certification prior to practicing law and also loves diving and fishing.
Sean has been fortunate to be nominated for and receive the following awards: The Best Lawyers in America, The National Trial Lawyers Top 100 Trial Lawyers, The National Trial Lawyers Top 40 Under 40 Lawyers, Florida Super Lawyers, Florida Trends Legal Elite, Florida Legal Elite Rising Stars, Wall Street Journal Top Young Attorneys in Florida Rising Stars, and Florida Super Lawyers Top Young Lawyers in Florida. The firm has been listed as an accredited business with the Better Business Bureau.
Sean also serves and/or has served on the following Committees: Southern District of Florida Bench and Bar Conference Co-Chair 2016-17; Southern District of Florida Bench and Bar Conference 2013-2014; Southern District of Florida Local Rules Committee – Member, every year from 2007 to the present date; AAJ, Membership Oversight Committee 2012 – present; Dade County Justice Association, Director 2006-2010; Southern District of Florida Bench and Bar Conference Committee – Member, 2008 – present; Eleventh Circuit Judicial Conferences in Point Clear, Alabama 2016 - Invitee; Savannah, Georgia 2013 - Invitee; Orlando, Florida 2011 - Invitee; AAJ/ATLA Member since 2000; Attorneys Information Exchange Group - Member 2002 to present; Million Dollar Advocates Forum, Member; Multi-Million Dollar Advocates Forum, Member; Dade County Juvenile Guardian Ad Litem Attorney - trial and appellate advocate; Dade County Bar Association Young Lawyer’s Section, Director; Dade County Bar Association Young Lawyer’s Section, Treasurer
Publications: ATLA's Litigating Tort Cases, 6 Volume Series, Chapter 56 - Modern Products Liability (Co-Author), 2004. This Volume and this Series have been reprinted and currently this chapter appears as Chapter 58.
Airplane Crash — In this case, Sean represented a 93 year old pilot, who was involved in a two airplane collision due to the negligence of the air traffic controllers at Sarasota Bradenton Airport. Sean tried the case with multiple co-counsel, who each represented a separate pilot and ultimately prior to the verdict, and after the trial concluded, settled for a substantial amount that ultimately exceeded the verdict. The Court ultimately rendered a verdict for in excess of $1 million; however, the most significant part of the award included the loss of support and services for the widow of the 93 year old diabetic pilot Sean represented.
Circus Performers Injured at Casino
2010: 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. Sean represented the plaintiffs, a husband and wife circus performer team similar to a Cirque de Soleil act with local counsel in Oklahoma. There were multiple complex jurisdictional and other challenging sovereign immunity issues. The plaintiffs suffered primarily sot tissue injuries while practicing for their show when a previously used (by another act) metal cage fell on them. After substantial multiple six figure settlements were reached between Plaintiffs and the Chicasaw Tribe and the rigging company, the case proceeded to trial in the Chicasaw Tribal Court against only the Florida company involved, Galaxy Entertainment. The original verdict in excess of $1.3 million was entered in September of 2008 and then followed with two separate appeals (which Sean handled and argued) where the original Judge’s verdict was substantially increased, resulting in an eventual additional settlement of about $1.6 million above the original verdict amount.
Verdict Against Bank
Ramjeawan v. Bank of America, Southern District of Florida, Case No.: 09-20963-CIV-COOKE, Hon. Judge Marcia Cooke. Sean represented the plaintiffs, Michael and Ritie Ramjeawan, against their bank for negligence, civil theft, and punitive damages related to money stolen from their protected CD’s, which included their entire retirement savings. Sean had to overcome multiple, complex defenses including the bank's customer agreement and the Uniform Commercial Code, which effectively eliminated the right to any cause of action because plaintiffs failed to recognize the fraud and bring a claim within the allotted time periods in compliance with the bank agreement and UCC provisions. Ultimately, Sean persuaded the Court to allow the claims to proceed to a jury trial (which was also prohibited under the customer agreement), including a claim for punitive damages, which was extremely challenging to prove under this set of facts. The plaintiffs obtained a substantial jury verdict. The defendant appealed to the Eleventh Circuit Court of Appeals the denial of its Rule 50(b) motion, the award of punitive damages, and the Bank’s request for attorney’s fees. The Eleventh Circuit affirmed.