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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location-of-the-accidentThankfully nobody was injured in a train accident during which a Port Jervis Metro North train sliced through a tractor trailer stuck on the railroad tracks in Sloatsburg, NY, on Tuesday night.

The accident occurred around 6:15 pm. An overweight tractor trailer truck transporting a cargo of  HP laser printers and illegally driving on a roadway got stuck on the railroad tracks at the grade crossing of Washington Avenue in Sloatsburg. Two witnesses in their car saw the truck driver in trouble and stopped to help him. They tried to convince him to get out of the truck cabin but the driver stayed in the cabin. One of them told the media that the driver seemed frozen. As they were talking to the truck driver the gates started to move down. One of the witness explained that he decided not to force the driver out as the cabin of the truck was not on the tracks and he thought he would be safe where he was.

The train was coming out of a curve after stopping at the Sloatsburg station. The train operator didn’t see the truck from far enough to brake on time and the train just sliced through the trailer. One of the witnesses captured the accident on camera. (see Youtube video below)

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doctors-wearing-gown-inside-room-operationHospitals all over the US are cancelling elective and non emergency surgeries as they are facing a shortage of surgical gowns after one of the main providers in the country, Cardinal Health, announced  a voluntary recall of 9.1 million defective surgical gowns.

The sterility of the gowns might have been compromised

The recall includes “AAMI Level 3 surgical gowns that have been produced in unapproved locations that did not maintain proper environmental conditions as required by law, were not registered with the U.S. Food and Drug Administration (FDA) and were not qualified by Cardinal Health”. The sterility of these gowns might have been compromised. Level 3 surgical gowns are commonly used in emergency rooms, in trauma cases, when inserting IVs or during arterial blood drawn. They protect hospital workers and patients from infections and illnesses.

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A NYPD cop in plainclothes was injured in a hit and run car accident in New York on Monday.

The accident occurred around 7:45 pm. Two undercover officers in a disguised Uber car stopped the driver of a Mercedes who ran a red light on East Houston Street.   The two officers were outside of their car talking to the driver of the Mercedes when a speeding black minivan driver lost control of his vehicle and rear-ended the fake Uber car belonging to the Police. One of the officers got pinned between the Mercedes and his car and the other one fell on the ground but wasn’t hurt. The driver of the Mercedes wasn’t hurt either. He was also out of his car but had time to to jump on the side to avoid  being stuck between the two vehicles. The driver of the minivan pulled away and took off. He was arrested 3 blocks away from the accident and taken into custody. The officer who was injured suffered a fractured leg and was taken to the hospital.

 

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Third-avenueTo reduce pedestrian and cyclist fatalities caused by cars and trucks on two of the busiest and most dangerous avenues in Brooklyn, the NYC DOT announced that the maximum speed limit was lowered from 30 mph to 25 mph. New signs are up and speed cameras have been re-calibrated on Third Ave and Hamilton Avenue in Brooklyn. The DOT decided to take action after 6 people including 3 cyclists and 3 pedestrians died in traffic accidents on Third Avenue last year. Two of them were killed in the same week in December.

The area around Third avenue and Hamilton Avenue has been changing a lot in the past years with more and more residential properties being developed. However there are still a lot of trucks coming in and out of the Gowanus, making the area particularly dangerous.

Half of the 2019 fatalities involved trucks

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41-28-MainA pedestrian was killed by falling debris in New York City. 67 year old Xiang Ji was walking on Main Street near 41st Street in Flushing, Queens Thursday morning around 9:45 am. There was a strong wind and as she walked in front of the building located at 41-28 Main Street, a piece of plywood covered with aluminium detached from the roof and fell on her.

The woman was knocked down on the sidewalk. Witnesses tried to help her until EMS arrived. She was rushed to the hospital but she couldn’t be saved.

The building owner who has 18 violations open with the DOB was slapped with another violation for failure to properly maintain the building. The DOB also required the owner of the building to erect a sidewalk shed on the top of the sidewalk to protect pedestrians from any further problems. The previous violations were mostly related to effectuating work without a permit inside the building. (Picture of the location of the accident: courtesy of Google Map)

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private-sanitation-truck-accidentA pedestrian was killed by a hit and run NYC private sanitation truck Thursday morning around 4:00. The accident took place on 86th Street and Bay Parkway in Bensonhurst, Brooklyn. According to the NY Daily News, 67 year old Deborah Mutell was found by the police lying in the street with her body split in two. She was pronounced dead at the scene of the accident. Investigators believe that after she was hit by the truck, she fell under the wheel and was dragged several feet until her body fell in pieces from the undercarriage of the truck. Investigators are still searching for the truck. Last week another sanitation truck killed a young boy and critically injured his mom.

A new and upcoming Citywide commercial waste zone system is expected to result in creating a safer environment for workers and the public alike

Sanitation trucks, especially those belonging to private companies are often very dangerous to pedestrians. Private carting companies have a bad reputation. They often operate with a blatant disrespect for the safety of their workers and of the public as well. Currently, around 90 private sanitation companies service customers all around the city. As a consequence, more than 50 individual carting companies may service a single neighborhood every day. This system not only put workers and pedestrians in danger but also pollutes the environment. It will be replace next year  by a new system.  A  Commercial Waste Zone Bill was passed a few months ago and is expected to improve work conditions, reduce pedestrian accidents and decrease pollution.

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geograph-4749794-by-John-BakerIn the aftermath of the tragic construction accident that killed Segundo Huerta and injured 5 other workers on a Bronx site in August last year (see previous blog), the NYC Department of Buildings recently released a notice to remind special inspectors, construction superintendents, design professionals, and permit holders about the requirements related to cold-formed steel light-frame construction in New York City.

Cold form steel framing is often used in low rise and mid-rise building projects. It refers to the structural frame that creates the form and support to the building.  While erecting such structures, clear procedures including properly bracing loading decks, or avoiding overloading floors with temporary construction loads must be followed to prevent collapse.

The NYC Building Code has specific regulations and requirements related to cold form steel framing. Last month, the DOB issued a service notice reminding construction professionals about it. Here are some of the main points:

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FDNY-twit22 people were injured in a fire that erupted in a high-rise in Manhattan.
The fire started around 2 AM on Tuesday on the 24th floor of a 41 story building located on E. 72nd St.

CLOSING THE DOOR COULD HAVE PREVENTED MANY INJURIES

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pills-3673645_640
A lack of of FDA inspections abroad may result in unsafe drugs for patients.
60% of the drugs sold on the American market are coming from foreign countries and 80% of their ingredients are also coming from abroad manufacturing facilities.
As a result the FDA send inspectors abroad to make sure drugs are manufactured in a safe environment. In 2018, 57% of the FDA drug inspections occurred in foreign countries mostly China and India.
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accident sceneA 10 year old boy and a 68 year old woman died in two separate truck accidents in New York City last week. Both accidents occurred on the same day.

10 year old boy killed by NYC Sanitation truck

The first accident occurred in Queens last Tuesday around 7:00 am.  10 year old Shreejan Panthee was on his way to school with his mother Mina. Both of them were crossing the 57th Avenue crosswalk near 97th Street in Corona, Queens, when a NYC Sanitation truck made a right turn onto 57th Street from a nearby driveway and struck them. The boy was run over by the rear wheels and the mother was knocked down on the ground.  Both the mother and the child were rushed to the hospital. Shreejan died a few hours later. Her mother Mina was critically injured but survived. A man who witnessed the accident told the media that he screamed at the truck driver: “Slow down, you are going to hit them!”. Mina, her husband Purushottam Panthee and their son Shreejan came from Nepal in 2010. The husband works as a chemist in Long Island and the mother works in a beauty salon in the Bronx. Shreejan was a smart boy who won spelling bee prizes and enjoyed swimming. The Queens Nepali Community was in shock. A vigil was organized at night at the location of the accident. The truck driver wasn’t immediately charged by the police however he was placed on “modified duty,” and stripped of driving responsibilities by the NYC Sanitation Department.