Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

October 30, 2014

Thankfully nobody was injured in a terrifying NYC construction accident during which a giant drill bit pierced the F train tunnel and sliced the top and the side of a train with 800 passengers on board

drill%20bit.jpgA contractor who was supposed to expand a construction well as part of the MTA East Side Access project used a massive drill bit at the wrong location and pierced a F train tunnel at the same time as the train was passing by. The drill bit cut the top and the side of the train triggering the train's emergency brakes. It's a miracle that nobody was injured.

The MTA East Side Access Project is a mega construction project from the MTA to bring Long Island Rail Road trainsto Grand Central Station. The contractor has been identified as Griffin Dewatering New England Inc.

The accident happened near the 21st St subway station In Long Island City, Queens, NYC.

Read more in the NY Daily News
Picture: MTA

October 29, 2014

To prevent deaths and injuries related to traffic accidents in New York City, Mayor Bill de Blasio signed legislation that lowers the speed limit from 30 mph to 25 mph in the city

drive-25-vz-logo.jpgStarting November 7 New York City's default speed limit will be lowered to 25 mph unless otherwise posted. The new law was signed at the beginning of the week by Mayor de Blasio during a press conference that took place on Delancey Street near the location of the accident that killed 12 year old Dashane Santana in 2012. The event was attended by families of victims of traffic accidents and other elected officials. To lower the speed limit in New York City is a key milestone of the Vision Zero Initiative to reduce injuries and death related to traffic accidents.
See Mayor de Blasio's speech below.

October 29, 2014

Special need student dies after choking on a muffin in Brooklyn, NYC

21 year old Dyasha Phelps Smith, a special need student, died after choking on a muffin two days ago at the School for International Studies on Baltic St. in Cobble Hill, Brooklyn, NYC. The young woman was eating a muffin in a classroom when she started to choke. She was rushed by paramedics to the Hospital where she died. According to the mother, her daughter was attending a special education program housed within the school for International Studies during which she was supposed to receive one-to-one attention. The mother also said to the NY Daily News that the school didn't tell her that her daughter was dead. She learned it from the doctors at the hospital.

October 28, 2014

NTSB investigation in the deadly Metro North train accident indicates that the train operator suffered severe undiagnosed sleep apnea and that he had fallen asleep when the train hit the curb at a speed of 82 mph instead of the 30 mph speed limit

The Metro North Train accident that killed 4 people and injured at least 61 on December 1st 2013 was caused by the engineer’s noncompliance with the 30-mph speed restriction because he had fallen asleep due to undiagnosed severe obstructive sleep apnea exacerbated by a recent circadian rhythm shift required by his work schedule.
According to a report released Today by the National Transportation Safety Board, the accident could have been avoided if Metro North and the Federal Railroad Administration had a policy requiring medical screening for sleep disorders and if the train was equipped with a system that would have automatically applied the brakes to enforce the speed restriction.

The NTSB also released Today the following Metro North train accident reports:

  • A report on the March 10, 2014 train accident during which an electrician was fatally struck by a train in Manhattan, New York
  • A report on the July 18,2013 accident during which a train transporting municipal refuse derailed in the Bronx, New York
  • A report on the May 28, 2013 accident during which a track foreman was struck and killed by a train in West Haven, Connecticut
  • A report on the May 17, 2013 accident during which two trains collided, injuring at least 65 passengers in Bridgeport, Connecticut

Picture: National Transportation Safety Board

October 27, 2014

Wrongful Death Case: Voir Dire as a Bridge to Summation

Ben%20Rubinowitz%20and%20Evan%20Torgan.jpgIn their Trial Advocacy column, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write that obtaining a just and proper award from a jury for pain and suffering in a wrongful death case can be challenging. An effective trial attorney must thoroughly prepare for all stages of the trial, including a voir dire that explores the feelings and beliefs of the potential jurors, and a strong summation that relates those feelings and beliefs to the evidence.

Read the complete article in the New York Law Journal
or Download it here.

October 24, 2014

1.2 million Defective Smoke/CO Alarms Recalled by Kidde Because of Alarm Failure

defective%20alarm.jpgSome Kidde alarms may be defective and fail to alert consumers of a fire or a CO incident. Kidde residential smoke alarm model i12010S with manufacture dates between December 18, 2013 and May 13, 2014, combination smoke/CO alarm il2010SCO with manufacture dates between December 30, 2013 and May 13, 2014, and combination smoke/CO alarm model KN-COSM-IBA with manufacture dates between October 22, 2013 and May 13, 2014 are being recalled by Kidde. The defective alarms are white and round (see picture) with the name Kidded engraved in front of the alarm. These alarms were sold at major retail stores such as Home Depot and also online through Amazon and other online retailers. Consumers who own this product should immediately contact Kidde to have it replaced.
Read more here

October 22, 2014

After hitting a 92 year old pedestrian in Queens, NYC, the driver of the car attempted to flee but was chased by 3 other motorists and forced to stop

A 33 year old driver hit a 92 year old man at 26th Ave and 44th street, in Queens, NYC, Wednesday around 5.30 pm. The driver first stopped at the scene but then started to drive away. Other drivers who had witnessed the accident were able to follow him and hold him until the police arrived. Charges are pending against him.

Read more in the NY Daily News

October 22, 2014

A young man suffered severe burn injuries after he inadvertently created an explosion and set himself on fire in a Brooklyn basement

A young man from Brooklyn using acetone and coconut oil while drying tobacco leaves to prepare for the opening of a Hookah bar set himself on fire after the fumes from the chemicals ignited with the pilot light of the enclosed basement's water heater and caused an explosion. The 22 year old man caught fire and ran out in the street. A video shows the man running with his shirt and pants burning. He was rushed by paramedics to a Medical Center and was later transferred to Cornell Hospital's burn unit for further treatment.

Read more and see video in the NY Daily News

October 21, 2014

Failure to diagnose Small Intestinal Bacterial Overgrowth (SIBO)

Failure to diagnose Small Intestinal Bacterial Overgrowth (SIBO) can be medical malpractice that can result in bloating, abdominal distention, abdominal pain and discomfort, diarrhea, fatigue and weakness. Complications of SIBO range from mild, including diarrhea and minimal vitamin deficiencies, to severe, including malabsorption and neuropathies due to fat-soluble vitamin deficiencies.

In a recent article in the Washington Post, Sandra G. Boodman, tells the story of a woman who struggled for more than 40 years with this condition. For years she was misdiagnosed with irritable bowel syndrome until she was referred to Gina Sam a gastroenterologist at the Mount Sinai Hospital in Manhattan and a specialist in motility disorders, problems that occur as food passes through the digestive tract. Because the woman didn't suffer any pain which is a prominent symptom of Irritated Bowel Symptom, Dr. Sam suspected her patient was suffering from another condition. The doctor was able to properly diagnose her patient with SIBO, a condition that has received new attention as gastroenterologists have focused on the importance of the microbiome, the stew of bacteria and other microorganisms that comprises the gut’s ecosystem and is affected by diet.

Read the complete article here

October 21, 2014

Elderly pedestrian dies after being struck by a dump truck at the intersection of Flatbush and Atlantic Avenue in Brooklyn, NYC

A 77 year old woman was hit by a dump truck as she was walking on the double yellow line of Flatbush Avenue at Atlantic Ave, a very busy intersection near the Barclays Center. She was rushed to the hospital but didn't survive. The truck driver stayed at the scene and wasn't charged. Read more in DNA Info.

The intersection of Flatbush Ave and Atlantic Ave is a very dangerous intersection in Brooklyn. According to NYC crash mapper there was an average of 5.16 collisions per month at this intersection between August 2011 and February 2014, 4 pedestrians, 4 cyclists, 22 vehicle passengers and 9 drivers suffered personal injury after being involved in an accident at this intersection.

The intersection where the truck accident happened, picture: courtesy of Google Map