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.

Articles Posted in Auto Accidents

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Use of cell phones or other electronic devices while driving is dangerous and can cause fatal car accidents. Most drivers know this but they still use their cell phones or other mobile devices to text, look at travel directions, check their emails, consult their calendar appointments, surf the web or play video games.

According to the latest National Occupant Protection Use Survey (NOPUS) “Driver Electronic Device Use in 2011“, texting or manipulating an hand held device while driving significantly increased from 2010 to 2011.

The trend is particularly alarming among young drivers and women.

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In New York, as a result of traumatic brain injuries 385 people per day visit emergency rooms or are hospitalized as inpatients. 140,000 New Yorkers are injured every year, that’s 3 times the capacity of Yankees Stadium!

The main cause of traumatic brain injuries are falls and motor vehicle accidents, mostly car accidents but motorcycle accidents as well as bus and truck accidents are also a common cause of traumatic brain injuries. Assault is the third cause of TBI in New York. Other leading causes of brain injuries include bicycle accidents, pedestrian accidents or people struck by or against type of accidents.

Here are some findings based on the most recent statistics from the New York State Department of Health Department

– New Yorkers above 65 year old are the most at risk to fall and be hospitalized for a traumatic brain injury.

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The talus bone is one of the most important bones of the ankle joint. It is the rounded bone at the top of the foot. Because of its location, the talus can be easily fractured after falls from heights such as falls from ladders and scaffolds in construction accidents or after a severe impact to the foot such as those caused by a motorcycle, a truck or a car accident. Some subtle fractures can be misdiagnosed as ankle strains as the symptoms are very similar: acute pain, swelling and bruising. A talus injury can severely limit the ability to walk and bear weight. Delays in treatment can result in long term disability and surgery.

In the following video segment, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo Medical Center, demonstrates the different types of talus fractures.

https://www.youtube.com/watch?v=OxehxKzWH88

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In this video New York Car Accident Attorney Anthony Gair discusses how to take a meaningful deposition in a car accident case. This video is part of a New York State Bar Association program designed for the attorney seeking a fundamental but practical overview of handling an auto accident case. A representative case is reviewed from inception to conclusion from both the plaintiff and defense attorney perspective. The step-by-step practical aspects of the case are presented by experienced attorneys to demonstrate both the practical aspects of each phase of the litigation as well as the overall thought process behind each phase leading to the ultimate resolution.
To order the complete course video and course book for CLE credit go to http://www.nysba.org/AM/Template.cfm?…

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By Anthony H. Gair
Preparing the plaintiff for deposition in a personal injury action is perhaps the most neglected element in personal injury cases. Before the plaintiff’s deposition is conducted, the defendant’s counsel has been served with a Bill of Particulars, has obtained all available medical records and police reports and has visited the scene. That information will be used during the plaintiff’s deposition. How do you prepare your plaintiff. Some basic rules are worth remembering.

Rule 1. – Know Your Plaintiff

Your plaintiff’s knowledge and his ability to testify as to the occurrence will often be directly related to his status regarding the claim made. In the case of an automobile accident, the plaintiff will be either a driver, passenger or pedestrian.

Unless it is a case where proof of a prima facie case will come from other than the plaintiff (and, in most cases, even if it will), the plaintiff must be prepared to testify at least sufficiently to make out a prima facie case.

Your client must be as thoroughly prepared as possible. This means taking the plaintiff to the scene of the accident prior to his deposition if possible. It means making certain that the plaintiff knows the basic facts and has been ingrained to repeat them in response to any question concerning them. It means familiarizing your plaintiff with concepts of time, space and direction. Most importantly, it means preparing your plaintiff with the same degree of diligence and concern as you would if he or she were about to testify at trial rather than at deposition.

Do not try to create abilities to answer which simply are not there. Train, teach and educate on the essential elements of the case. Don’t worry about the minor details. If you concentrate on those, your plaintiff may get the minutiae correct and blow the case out of the water by not responding properly to the important questions.

Rule 2. – “I Don’t Know”/”I Don’t Remember”

For reasons most likely inbred in us during our elementary school education, most people, including injured plaintiffs, seem to have an overwhelming desire to answer whatever questions might be asked of them, whether they know the answer or not. You must teach the plaintiff the concept of being able to respond “I don’t know” when such is the case or “I don’t remember”, when such is the case. Of course, this does not mean that the client should be asserting that he or she does not know or remember if he or she were injured. It does, however, mean that the plaintiff should be trained not to throw out an answer simply because a question is asked. And the plaintiff must be taught the difference between not remembering and not knowing. This is particularly important in cases where memory might be refreshed following a deposition. Memory can be refreshed; knowledge cannot be. The basic rule is that the plaintiff must be told not to guess if he doesn’t know the answer to a question. It must be explained to the plaintiff that the deposition will be used to impeach him at the time of trial.

Rule 3. – An Adversary Is Not A Buddy

Explain to the plaintiff that the attorney who is doing the questioning is not his best friend. That smiling amicable, nice man or woman on the other side of the table, regardless of the charm and warmth shown during the deposition, will not invite your client to dinner that night and is there only to destroy his case. You know that. Remind your client of it. Also, we work in a small community and know many of our adversaries. If you want to have a friendly chat with an old friend do it after the deposition and never in front of the plaintiff.
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Our Partner, Chris Sallay, will be speaking at The Advanced Uninsured/Underinsured Motorist Law Seminar sponsored by NBI. From NBI, “Statistics say that six out of ten drivers on the road carry inadequate or no insurance. With the largely voluntary nature of UM/UIM insurance coverage and rapidly changing statutory and case law, you have your work cut out for you. Don’t struggle through the mountains of legalese alone. Join us at an engaging analysis of current issues in the law and practice of UM/UIM and get the latest legislative updates along with a balanced view of today’s challenges. Register today!” The seminar will be held on Friday, September 21, 2012, 9:00 am-4:30 pm at The Hilton Long Island 598 Broadhollow Road Melville, NY.

Chris will be speaking on BAD FAITH – AN INDELIBLE PART OF UM/UIM PRACTICE? and UM CASES.

For complete information on the seminar and to register click here.

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Our partner, Ben Rubinowitz, will be representing the Medina family in their medical malpractice case against Montefiore Medical Center. On May 23, 2012, Yolanda Medina, 41 in an act of pure altruism, attempted to donate a kidney to her brother Roberto Medina, 39 as part of Montefiore Hospital’s voluntary Live Organ Donor Transplant Program. Roberto Medina has been on dialysis suffering from renal failure since early February.

During the voluntary Live Organ Donor Transplant Yolanda Medina bled to death as a result of her aorta being negligently severed during the organ harvesting surgery. Yolanda’s death ended any chance of using her kidney for this life saving procedure for her brother, Roberto. Mr. Rubinowitz stated; “This is a terrible tragedy. Out of the goodness of her heart and sheer kindness, one woman attempted to save her brothers life; unfortunately her kindness resulted in tragedy. It is our firm’s responsibility to the Medina family to provide them with the security that they deserve as a result of this horrific event.” The Montefiore Medical Center has recently suspended its live organ donor transplant program.

Roberto Medina has still not received a kidney. He awaits transplant surgery. The Montefiore Medical Center had scheduled another transplant for Roberto Medina on Thursday, June 7, but the surgery was abruptly canceled. Montefiore Medical Center officials had not obtained the proper federal approvals required to expedite a transplant. Mr. Rubinowitz, responded that, “The entire Medina Family is devastated. Roberto lost his sister. He was told they have a kidney for him. He gets his hopes up, only to be told he’s not going to have the surgery. You can’t imagine the disappointment that the entire family is experiencing right now. Why didn’t they tell him he would have to wait for a transplant? I believe the hospital was well intentioned in finding him a kidney, but the communication on their part was, simply put, horrible.” Four months after starting dialysis, Roberto Medina still does not have a kidney designated to him. “It is our hope that a kidney will become available before it is too late,” said Rubinowitz. “This family has suffered enough heartache. A young woman died as a result of medical negligence. She was an innocent victim of medical carelessness. At this time I hope a kidney can be found for this wonderful young man, Roberto Medina, before time runs out on him.”

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Our partners Anthony H. Gair and Christopher L. Sallay settled the personal injury case of a 63 year old female pedestrian who was struck by a motor vehicle traveling in reverse on a one-way street. The case settled prior to trial for $2,050,000.

As a result of the accident, the plaintiff sustained spinal fractures from L1 – L4, which required corrective surgery. The defense claimed that he never saw the plaintiff prior to his vehicle striking her as she was bending over in the street looking for her gloves. The defense further alleged that the plaintiff made a full recovery and required no additional treatment following the initial surgery.

The New York Personal Injury Lawyer at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have years of experience representing people who have suffered injury in all types of accidents in New York.

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Christopher Sallay

Christopher Sallay
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

Our Partner, Chris Sallay is the Co-Chair of this New York State Bar Association seminar together with Robert A. Glick, Esq; Brand, Glick & Brand, PC. Our Partner Anthony Gair will be speaking at the New York City and Long Island seminars.

PROGRAM DESCRIPTION:
This full-day practical skills program is designed for the newly admitted attorney or the attorney seeking a fundamental but practical overview of handling an auto accident case. A representative case will be reviewed from inception to conclusion from both the plaintiff and defense attorney perspective. The step-by-step practical aspects of the case will be presented by experienced attorneys to demonstrate both the practical aspects of each phase of the litigation as well as the overall thought process behind each phase leading to the ultimate resolution.

AGENDA:

8:30-9:00 REGISTRATION
9:00-9:50 1. INTAKE OF THE PLAINTIFF’S CASE – THE ASSIGNMENT OF THE CASE FOR THE DEFENDANT FROM THE INSURANCE COMPANY
The Plaintiff’s Perspective:

Preliminary Investigation Highlights of the “Typical Case”
The Mechanics of Auto Collisions and Issues Relating to Accident Reconstruction Obtaining Information from the Roadway – Visibility and Traffic Control Devices Soft Tissue Injury Auto Accident Cases – The Serious Injury Threshold Early Settlement The Defendant’s Perspective:

Analyzing Liability, Damages, Threshold, Potential Exposure Knowing Whether to go Down the Road of Settlement or Trial 9:50-10:40 2. NO-FAULT ISSUES AND COVERAGE CONCERNS
No-Fault Coverage – Who is Eligible and Filing Requirements Statutory Requirements for Auto Insurance Coverage in New York The Basics of the Automobile Liability Insurance Policy – Primary and Excess/Umbrella Coverage Uninsured/Under Insured Motorist Coverage Considerations 10:40-10:50 BREAK
10:50-11:40 3. DISCOVERY
Notices for Discovery and Inspection Bills of Particulars The Preliminary Conference The IME 11:40-12:30 4. TAKING A MEANINGFUL DEPOSITION
Preparation is the Key Avoid the Boilerplate, Look up from your Outline and Listen to the Answers All Police and Accident Reports Scene and Vehicle Photos All Medical Records Other Documents – Repair Estimates, Diagrams, etc.
12:30-1:30 LUNCH (on your own)

1:30-2:20 5. MOTION PRACTICE RELATED TO AUTOMOBILE CASES
The Plaintiff’s Summary Judgment Motion – Not just in Rear-end Collision Cases The Serious Injury Threshold Motion – Making and Defeating It 2:20-3:10 6. MEDIATION, ARBITRATION AND SETTLEMENT NEGOTIATIONS
The Mediation/Arbitration Statement Witnesses and Exhibits Remembering the Audience during Discussions 3:10-3:20 BREAK
3:20-4:10 7. ETHICS
Ethics Issues Related to Automobile Litigation Contingent Fee Agreements Advertising and Solicitation The Difficult Client 4:10 ADJOURNMENT

PROGRAM FACULTY:

Overall Planning Chairs
Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY Local Panels (listed in order of appearance)

THURSDAY, MAY 31, 2012
New York City

Chair: Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY
Panel: Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY * Nicholas Papain, Esq., Sullivan Papain Block McGrath & Cannavo P.C., New York, NY * Anthony H. Gair, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY
TUESDAY, JUNE 5, 2012
Albany

Chair: John W. Bailey, Esq., Bailey Kelleher & Johnson PC, Albany, NY
Panel: John B. Casey, Esq., Dreyer Boyajian LLP, Albany, NY * Jeanne M. Gonsalves Lloyd, Esq., Friedman, Hirschen & Miller LLP, Albany, NY * Vincent J. DeLeonardis, Esq., Bailey, Kelleher & Johnson, P.C., Albany, NY * P. Baird Joslin, Jr., Esq., O’Connor O’Connor Bresee & First PC, Albany, NY * Mackenzie C. Monaco, Esq., Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY * Jeffrey K. Anderson, Esq., Anderson, Moschetti & Taffany, PLLC, Latham, NY * John W. Bailey, Esq., Bailey Kelleher & Johnson PC, Albany, NY
WEDNESDAY, JUNE 6, 2012
Long Island (Melville)

Chair: Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY
Panel: Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY *Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Robert S. Santander, Esq., American European Insurance Group, Inc., New York, NY * Nicholas Papain, Esq., Sullivan Papain Block McGrath & Cannavo P.C., New York, NY * Anthony H. Gair, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY
Syracuse

Chair: Michael P. Kenny, Esq., Kenny & Kenny PLLC, Syracuse, NY
Panel: S. Robert Williams, Esq., Williams and Rudderow, Syracuse, NY * Benjamin C. Rabin, Esq., The Rabin Law Firm, Syracuse, NY * Erin K. Skuce, Esq., Law Offices of Destin C. Santacrose (Employees of Liberty Mutual Group, Inc.), Buffalo, NY * Sandra J. Sabourin, Esq., Goldberg Segalla LLP, Syracuse, NY * Michael P. Kenny, Esq., Kenny & Kenny PLLC, Syracuse, NY * James E. Reid, Esq., Greene & Reid, PLLC, Syracuse, NY * Paul G. Ferrara, Esq., Costello, Cooney & Fearon, PLLC, Syracuse, NY
THURSDAY, JUNE 7, 2012
Buffalo

Chair: Paul J. Callahan, Esq., Law Offices of Sliwa & Lane, Buffalo, NY
Panel: David F. Kluepfel, Esq., Cascone & Kluepfel, LLP, Garden City, NY * Leonard D. Zaccagnino, Esq., Shaw & Shaw P.C., Hamburg, NY * Joseph M. Schnitter, Esq., Brown & Kelly, LLP, Buffalo, NY * Jennifer Stashko Adams, Esq., Adams Hanson Finder Hughes Rego Kaplan & Fsibein, Williamsville, NY * Leonard M. Cascone, Esq., Cascone & Kluepfel, LLP, Garden City, NY * Michael T. Coutu, Esq., Law Offices of Sliwa & Lane, Buffalo, NY * Jeffrey F. Baase, Esq., Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, Buffalo, NY * Peter M. Kooshoian, Esq., Rosenthal, Siegel & Muenkel, LLP, Buffalo, NY
DATES AND LOCATIONS:

THURSDAY, MAY 31, 2012
New York City Affinia Manhattan 371 Seventh Avenue at 31st Street New York, NY 10001-3984 (212) 563-1800
TUESDAY, JUNE 5, 2012
Albany New York State Nurses Association 11 Cornell Road Latham, NY 12110 (518) 782-9400
WEDNESDAY, JUNE 6, 2012
Long Island (Melville)
Melville Marriott Long Island 1350 Old Walt Whitman Road Melville, NY 11747 (631) 423-1600
Syracuse Genesee Grande Hotel 1060 East Genesee Street Syracuse, NY 13210 (315) 476-4212
THURSDAY, JUNE 7, 2012
Buffalo Holiday Inn Amherst 1881 Niagara Falls Blvd.
Amherst, NY 14228 (716) 691-8181
The last day to pre-register online is May 30, 2012. Register online now

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