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  Sunday March 06. 2005   Randall E. Smith Charles W. Smith Terrence D. Garmey Peter W. Schroeter William S. Kany Keith R. Jacques John H. O'Neil, Jr.
Sarah K. Hall Aaron P. Burns Nancy L. Morin Kathy W. Fawcett Barbara J. Dresser Celine M. Boyle David R. Ordway







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Randall E. Smith
Charles W. Smith
Terrence D. Garmey
Peter W. Schroeter
William S. Kany
Keith R. Jacques
 John H. O'Neil, Jr.
Sarah K. Hall
Aaron P. Burns
Nancy L. Morin
Kathy W. Fawcett
Barbara J. Dresser
Celine M. Boyle
David R. Ordway
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John H. O'Neil, Partner

 

E-mail: 

Phone:  (207) 774-3199

Bar Admissions:
Maine, 1986; New Hampshire, 1997; U.S. District Court, District of Maine, 1988; U.S. District Court New Hampshire (1997); U.S. Court of Appeals (First Circuit), 1990; U.S. Supreme Court, 1996

 

Education:
Suffolk University Law School, Boston, MA, 1986 J.D.; Honors:  Cum Laude; Dean’s List 1983-1986; Boston College, Chestnut Hill, MA, 1983 B.A. Mathematics; Honors:  Dean’s List 1979-1983; Old Orchard Beach High School, ME, 1979

 

Professional Associations/Memberships:
Assistant District Attorney – Superior Court – York County, 1986-1987; Board of Governors of the Maine Trial Lawyers Association, CLE Chair, 2001, Treasurer, 2002; Association of Trial Lawyers of America; American Bar Association; Maine State Bar Association; New Hampshire Trial Lawyers Association; ATLA Birth Trauma Litigation Group; ATLA Professional Negligence Section

 

Experience:
From his time as an Assistant District Attorney inYork County and at Smith Elliott Smith & Garmey, John has tried approximately 50 jury trials and over 60 medical malpractice screening panel cases.  His practice focuses on medical malpractice and sophisticated personal injury work including a particular interest in birth trauma litigation.

 

Significant cases he has been involved in include:

  • Viola St. Pierre, whose medical malpractice case was featured on the May 4, 2000 episode of 48 HOURS (CBS)
  • Violette v. Smith & Nephew Dyonics, 62 F.3d 8 (1st Cir. 1995) cert. denied 116 S. Ct. 568 (1996), which involved a lacerated ulnar nerve and artery during endoscopic carpal tunnel surgery and resulted in a jury verdict indicating that the defendant had defectively designed and marketed its endoscopic surgical system
  • The Robert Zutuat case tried in the Cumberland County Superior Court to a $650,000 judgment for a lacerated facial nerve

Significant cases on appeal have included:

  • Violette v. Smith & Nephew Dyonics, 62 F.3d 8 (1st Cir. 1995) cert. denied 116 S. Ct. 568 (1996) (defective endoscopic surgical system and federal preemption)
  • Mut. Fire Ins. Co.  v. Hancock, 634 A.2d 1312 (Me. 1993) (insurer’s duty to indemnify sexual abuse claims) (representing the insurer)
  • Griggs-Ryan v. Smith, 904 F.2d 112 (1st Cir. 1990) (application of federal wire tapping statute in dissemination of drug information to police by landlord)

Presentations:
John has been selected to speak numerous times nationally and by the Maine Trial Lawyers Association on topics focusing on medical issues and cross-examining experts including:

  • Compartment Syndrome: The Hidden Case, Association of Trial Lawyers of America, 2001 Summer Meeting in Montreal, Canada
  • Experts in Maine, Cross Examining the Accident Reconstructionist, Chair and Presenter MTLA, Fall 2000 Seminar
  • Over-coming Pre-existing Medical Conditions, MTLA, Spring 2000 Seminar
  • National College of Advocacy, Cross Examining the Adverse Collision Reconstructionist,  Association of Trial Lawyers of America in Boca Raton, Florida, Winter 1997 Meeting
  • Litigation at Sunrise, “Evaluating the Percutaneous Lumbar Discectomy Case,” Association of Trial Lawyers of America in New York, New York, Summer 1995 Meeting
  • Litigation at Sunrise, “Trial of Endoscopic Carpal Tunnel Cases,” Association of Trial Lawyers of America, Chicago, Illinois, Summer 1994 Meeting
  • Insurance Claims Managers of Maine, Effect of Hancock Decision on Duty to Defend and Indemnify Sexual Abuse Claims, March 1994 Monthly Meeting

Appointments:

  • Board of Governors Maine Trial Lawyers Association
  • Chair, Superior Court Committee on Evidence Guidelines for Medical Malpractice Screening Panels (2000-2001)
  • Advisory Committee to the Maine Supreme Judicial Court on the Rules of Evidence (1998)

 

Published Works:

  • Compartment Syndrome:  The Hidden Case, ATLA Press, Montreal, Canada, 2001
  • A Medical Malpractice Bench Trial: What Were We Thinking?, MTLA NEWSLETTER, March 2001
  • The Courtroom of the Future, MAINE BAR JOURNAL, Sept. 1998
  •  Cross Examining the Adverse Collision Reconstructionist, ATLA Press, National College of Advocacy Presentation at ATLA Winter Meeting, 1997
  • Evaluating the Percutaneous Lumbar Discectomy Case, ATLA PRESS, Litigation at Sunrise, New York, New York, 1995
  • Endoscopic Carpal Tunnel Release Systems: Exposing the Risks, 13 PRODUCTS LIABILITY LAW REPORTER ATLA 93, June 1994
  • Have I Got a Case for You: Surviving Your First Jury Trial, MAINE BAR JOURNAL, Nov. 1993

Practice Areas 

Medical Malpractice
Products Liability
Personal Injury

 

 

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Smith, Elliott, Smith & Garmey, P.A.
Portland, Maine
Saco, Maine
1-800-287-2797