Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf 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.
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NYC Personal Injury Lawyers Howard Hershenhorn and Diana CarnemollaCongratulations to our partners Howard Hershenhorn and Diana M. A. Carnemolla who obtained an $85 million Verdict for an author and former New York Times columnist who was struck by a red double decker sightseeing tour bus owned and operated by Twin America, LLC, Gray Line Corporation, Gray Line New York Tours, Inc. Coach USA, Citysights LLC, Citysights New York LLC, and Calvin C. Wright, while crossing the street.

54 year old Devan Sipher, a book author and former New York Times columnist who wrote for the “vows” section, was ran over by a red double decker sightseeing tour bus on July 3rd, 2015.  At the time of the accident, it was a sunny Friday afternoon. Devan had the walk signal in his favor when a 13 ton double decker sightseeing tour bus attempted to make a left turn from West 4th street onto 6th avenue striking Mr. Sipher.  Mr. Sipher suffered serious injuries.  As a result of the crash  Mr. Sipher spent 78 days in the hospital, having 9 operations.  Mr. Sipher also had two additional operations after he was discharged from the hospital.

Bus Accident NYPD Highway Patrol

$45 million for past pain and suffering and $40 million for future pain and suffering

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Negligent garbage truck company out of businessAfter two people were killed by Sanitation Salvage garbage trucks and ProPublica released an in depth look at the company’s dirty business (see previous blog)  the trash hauler came under intense scrutiny.

At the end of last month, Sanitation Salvage sent a letter to the Business Integrity Commission to announce that it had surrendered its license and was going out of business.

After years of exploiting workers and endangering New Yorkers, the company run by the ruthless and heavily politically connected Squitieri Brothers is finally going down. Street safety advocates, labor unions and elected officials are all celebrating the news.

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private garbage truck involved in New york fatal bicycle accidentOver the last two years private garbage trucks killed 5 people and were involved in 73 serious crashes.  Reckless drivers behind the wheel of unsafe trucks traveling long routes for extended hours are a danger for New York City residents without counting the resulting toxic emissions in the air. A recent study by New York Comptroller Scott Stringer looks at the weaknesses of the actual system and advocates for a new waste system prioritizing safety and sustainability.

Race to the bottom dynamic

While residential waste in New York City is collected by the City’s Department of Sanitation, 3 million tons of commercial waste coming from more than 100,000 New York businesses from restaurants to hospitals are collected by private trash hauling companies.  There is little oversight of the private companies and each business owner in New York City is free to pick any of the 273 private companies available in the city  based on prices, reliability and the ability of the hauler to remove the type of trash generated by the business. As a result the same block can be visited by multiple garbage trucks during the same nights. A previous investigation by the Investigative Fund and ProPublica found that a stretch of five blocks in Manhattan was visited every night by 27 different garbage truck companies.  Because each private truck hauler can pick up for clients all over the five boroughs of New York City, their trucks drivers are assigned incredibly long routes to visit all businesses. Obviously the competition is fierce and companies are forced to propose low prices to their clients to stay in the business.  As a result the margins are low for most trash haulers. Truck fleets are old and many trucks are unsafe and truck drivers and helpers are poorly paid for performing long routes in limited time. Additionally while travelling every year 23 million miles in New York City which is 96 times the distance from the hearth to the moon private garbage trucks are a major contributor of airborne pollution.

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Brooklyn Fatal Construction AccidentA hard hat died in a forklift accident in New York City last month. 44 year old Over Paredes was working on the construction site of a six-story condo located  at the corner of Myrtle Avenue and Marcy Avenue in Brooklyn when a piece of metal-framed wall fell on him.

The accident occurred on the rooftop of the building during a day of high wind.  The large piece of sheet metal was extremely heavy and was being hoisted by a manual forklift. During the lifting operation, the forklift that, according to a worker, was lighter than the piece of wall, was knocked down onto its side by a gust of wind and the huge piece of wall fell on Paredes.  The construction worker died at the scene of the accident despite all the efforts of the EMS to try to rescucitate him.

The crane operator had previously refused to hoist the piece because of the high wind

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the church before the collapseA man was injured in the unexpected collapse of a building that was being demolished by a construction company in Harlem. Last Thursday  a large interior section of the three-story Mount Ararat Baptist Church located on 316 West 135th Street in Harlem unexpectedly collapsed as the building was undergoing what was supposed to be a planned and controlled demolition.

One of the construction workers suffered minor injury. A man on a motorcycle who was driving near the building at the time of the accident was injured after he was hit by debris. The man suffered shoulder injuries ans some cuts but his life is not endangered. According to the firefighter the motorist was lucky to be alive. If he would have driven there half a second earlier he would have been crushed to death.

Read more in the Amsterdam News

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hit and run location
3 pedestrians died in car accidents in New York this week-end.

Staten Island Pedestrian killed in Brooklyn

65 year old Losif Morgenshteyn was fatally struck by a hit and run driver as he was changing a flat tire on the driver side of his car. The accident occurred on Saturday night around 6:30 pm. on Shore Parkway near East 28th Street in Sheepshead Bay. According to CBS News, the man was hit by a white Toyota minivan with Pennsylvania plates. 3 people came out of the van and checked on the condition of the pedestrian before speeding away. The van was found empty about a mile away and the police are still looking for the driver. When the EMS arrived they gave the man CPR and then rushed him to the hospital. Unfortunately he couldn’t be saved and he was pronounced dead upon his arrival.

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A pedestrian was killed and six other were injured by a reckless driver on Canal Street in Chinatown, New York last week.  A surveillance video of the accident shows 70 year old Henry Herman of Monroe, NY, backing up for at least half a block and then crashing into pedestrians on the busy sidewalk near the intersection of Forsyth and Canal Street. People were in shock as was the driver. He came out of his car, checked on the people he hit and said “My god” according to a witness. It was raining at the time of the accident and it may have affected the driver’s vision. The police believe the driver was accelerating into a parking spot and he might have lost control and jumped the curve. He was arrested and charged with failure to yield to pedestrian and failure to exercise due care.

56 year old Chun Deng Zhang from Queens died in the accident. Two other people were critically injured. Four others suffered non-life threatening injuries.

See video surveillance in the NY Post

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On the Christmas Eve of 2015 around 4:00 pm, 84 year old Olegario Pabon stepped in his elevator at a Bronx NYCHA development in New York City. As he was getting inside, the elevator zoomed upward trapping the man’s leg and hand and then dropping him on his head. He died from his injuries.

The deadly elevator accident was preventable. An hour and half earlier a concerned tenant of the building had called in a complaint saying “the lift is going up and down by itself with its door open and when the door closed it slams really hard”. Nobody did anything about it it and no inspector was sent to check it out.  This act of gross negligence killed Olegario Pabon.

The DOI investigation following the death of Olegario Pabon found out that the brake monitor had been disabled. According to the DOI report, it seemed like a NYCHA elevator mechanic had clipped the wires on the device and closed off the electrical connection by covering it with black electrical tape.

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teens riding with teensA recent study by the AAA Foundation found that crashes involving a teen driver with other teen passengers in the car are 515% more deadly for road users than crashes involving a teen driver with passengers older than 35.

When teens ride together in a car and they are involved in an accident the fatality rate increases by:

  • 17% for pedestrians and cyclists
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Medical Malpractice Attorney Christopher_DonadioOur Personal Injury Law Firm is proud to announce that our attorney Christopher J. Donadio obtained a $3 million verdict in a medical malpractice case in New Jersey.

The case involved a 74 year old plaintiff who sought treatment with a gastroenterologist due to a cyst on his pancreas. After visiting the gastroenterologist, the plaintiff underwent a blood test to check for evidence of cancer, but did not undergo any further testing. Sixteen months later, the plaintiff underwent testing due to his inability to control his blood sugar. It was determined at that time that he was suffering from pancreatic cancer. Unfortunately, the plaintiff passed away from his cancer eleven months after being diagnosed.

A claim was brought against the treating gastroenterologist for failing to recommend further testing for the plaintiff’s pancreatic cyst. Plaintiff claimed that had further testing been done, specifically an endoscopic ultrasound, the pancreatic cancer would have been diagnosed sixteen months earlier and would have given him a much better chance at surviving the disease. A claim was also brought against a radiologist who plaintiff claimed failed to point out worrisome features of the pancreatic cyst when reviewing a CT scan of the abdomen.

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