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A delicious home made salsa pico de gallo with tomato, red onion, lime, cilantro, and jalapeno pepper.

People often ask me, “Mike, what kinds of NY personal injury cases do you take”?  My answer is simple:  Cases I can win.  I don’t mind if they are tough to win, but at least they must be winnable.  I want to help my clients, and taking an unwinnable case does the client no favor.  Tough for me to get paid on unwinnable cases, too, since I operate almost exclusively on a contingency fee basis.

Funny that no one ever asks me what kind of cases I don’t take.  Glad you asked.  I just read about a case that is the poster child for a case I would not take:  A Texas entrepreneur, Henry Riojas, recently sued a tortilla manufacturer claiming bad tortilla chips caused him to have a stroke.

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We all know that Venus Williams is deadly on the tennis court.  But is she deadly off court, too?  Specifically, did she recently kill someone with her car?  Or will she win in court like she does on the court?  Read and find out.

According to early news reports, just before Venus Williams was going to head off to Wimbledon (where she is now “killing it” on the court) from Florida (where she lives), Venus drove through an intersection where she was t-boned by another car, whose driver died from the impact.  The other driver’s Estate promptly brought a claim against the acclaimed tennis goddess for wrongful death.

Things looked bad for Venus.  Witnesses confirmed that, at the time of the crash, the traffic light was red for Venus and green for the other driver.

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Love affairs are tantalizing, but dangerous.  I know because I have been involved in such a love affair for well over a decade.  The object of my affection is not a person.  It is a thing.  And what a lovely thing it is: Email!

Email has revolutionized my New York personal injury practice.  Before email, I would get back to the office from a day in court and have dozens of phone calls to return, and to make.  Ever since I got email on my smart phone (about 10 years ago?) that hardly ever happens.  My smart phone is always on me and I can read and respond to my clients’ inquiries while standing in the Deli line or while sitting in court waiting to argue my case. What a time saver!

Email, I love you.

th1-300x200I recently blogged about Dan Hanegby, a young investment banker, father of small children, who was killed the other day in a collision with a bus while he was riding a Citi Bike in Manhattan. That post was about how relatively “safe” Citi Bikes seem to be; this was the only fatality in four years of the City-operated bike-sharing program’s existence.

After I posted that blog, the New York Times and the Gothamist published articles with additional information about the accident.  This most recent development in the case illustrates a grave and common problem with how the police investigate and report motor vehicle accidents.

The Times had originally reported that the cyclist was killed after he “swerved toward the bus, fell and was caught beneath one of the rear wheels”.  This is the version of events that the NYPD gave the widow.

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I am an avid cyclist and a personal injury lawyer who represents a fair number of New York bicycle injury victims. Maybe that’s why, whenever I read about a cyclist getting clobbered by a car, I think, “there but for the grace of God, go I . . .”.

It is therefore with special sadness (and also surprise) that I read in the New York Times the other day about a 36-year-old investment banker, Dan Hanegby, who was killed in Manhattan when the Citi Bike he was riding collided with a charter bus.  He seemed like a successful and loving husband and father of small children.

It should be obvious to my readers why I was sad, but maybe not so obvious why I was surprised.  I was not surprised that a cyclist was killed.  Rather, I was surprised that this was the FIRST fatality (according to the Times) in the history of the City’s four-year-old bike-share program called “Citi Bike”.

billboard-300x225Every picture tells a story.  The photo above is no exception.  So sit back and listen to the story of this photo.  You won’t be disappointed (I hope).

The photo above accompanied an article on the front page of the Auburn Citizen yesterday.  The article was about the billboard.  Recognize those guys in the billboard?  Yup, that’s us.  In our one and only billboard.

Before I tell you the story behind the billboard, let me tell you why we have only one billboard.  Generally, we under-spend our rivals on advertising by a long shot.  That’s because we get most of our cases from our network of referring lawyers and prior clients who love our results.  We don’t need to advertise as much as those other guys.  But we do like to get our name out there a little.

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Just in case you were wondering (and I’m sure you were), the photo on the left is what eleven years of litigation looks like.  I have blogged about this case before:  It took me eleven and a half years to finally get justice for nine Guatemalan and Mexican migrant farm workers who were injured in a big explosion in upstate New York.

The picture on the right was taken in a hotel in Guatemala where I brought the men to sign settlement papers and open bank accounts.

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Pretty proud of this win in the Appellate Division Third Department.

A very fine Central New York personal injury lawyer hired us to take an appeal from a Labor Law 240 (“scaffold law”) motion he had lost. The case is called Griffin v AVA Realty Ithaca, LLC.

The fact that a great Syracuse personal injury lawyer would choose to have us fight an appeal for him is in itself something we are proud of.  Winning the appeal was of course the icing on the cake.

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Photo of Brendan Jackson doing the work he loved.

Here at Michaels & Smolak we were saddened to learn of the sudden and untimely death of Brendan Jackson, who passed away immediately after finishing the last running segment at the “Seneca7″ relay race around Seneca Lake on Sunday, April 30, 2017.

We at Michaels & Smolak are proud sponsors of the Seneca7.

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I tend to get a lot of immigrant and Spanish speaking clients.  Could be because I speak fluent Spanish and am married to a Guatemalan.  I hope it is also because word spreads in the immigrant community that I get good results.

Anyway, the guy standing with me in the photo above is from Nicaragua.  One day as he was riding his bicycle to work (on the shoulder of the road, just as he was supposed to) near Rochester, NY, a car swiped him from behind and never bothered stopping.  We call that a hit and run.  The next thing he remembers is waking up all bloodied in a ditch, with a piece of broken car mirror next to him.

My Nicaraguan friend had bad injuries but also has a tough, fighting spirit.  He got back to work only five months after his accident so he could put food on the table for his wife and two children. Hard working Nicaraguan immigrant! I admire him and all the other hard-working immigrants I have had the privilege of representing.

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