Our partner, Ben Rubinowitz, achieved one of the highest awards for an 83 year old man who suffered a fractured leg as a result of being struck by a car: $1,120,000.00. The injured man was an 83 year old pedestrian who was standing next to his car when struck. The man, who had suffered from heart problems and cancer prior to the accident, underwent surgery for a fractured femur. As a result of the accident he now has difficulty walking. “I am extremely pleased with this result” said Rubinowitz who explained that “often times insurance companies feel that because an injured individual happens to be in his 80’s or is elderly that the case has little or no value. That type of ugly age discrimination is simply not tolerated by our firm. If we agree to take a case it makes no difference to us if the injured person is 8 or 80. We give the same effort regardless of age.” Perhaps this is why the lawyers at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz have achieved the best results for victims of car accidents, construction accidents and medical malpractice cases over their 90 plus year history. “Simply put” said Rubinowitz “we have the talent and we have the resources — and we do one other thing — we give 100 percent effort at all times to ensure the best possible results for our clients.”
One of the best New York personal injury trial lawyers, Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf , demonstrates the importance of a well prepared opening statement. The presentation was given to lawyers at a Trial Law seminar in 2009. The case involved a pedestrian who was struck by a car. The driver of the car claimed, in a misleading and improper manner, that the pedestrian was fully at fault for the happening of the accident. The medical proof told a very different story than the less than truthful statement of the driver.
In this new program, an outstanding faculty, including partners of many of New York State’s leading plaintiff and defendant personal injury law firms, will focus on specific types of cases frequently encountered in motor vehicle litigation. Open to both new and experienced attorneys, this practice-based program will present the “nuts & bolts” of handling these types of cases from the perspective of both the plaintiff and the defendant.
- Truck and Bus Accidents
- Motorcycle and Bike Accidents
- Highway/Roadway Defect Cases
- Dram Shop Litigation-Proving and Disproving Liability
- Summary Judgment for the Plaintiff- Not Just in Rear-end Collision Cases
- Summary Judgment for the Defendant
- Ethical Considerations in Motor Vehicle Litigation
Christopher Sallay, Partner, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Robert Glick, Managing Partner, Brand, Glick & Brand, P.C.
4 Statewide Locations– Click on one of the links below for complete program information and to register online. Program time for all locations: 9:00 a.m. – 4:30 p.m.
Tuesday, November 8, 2011
Wednesday, November 9, 2011
Thursday, November 10, 2011
Wednesday, November 16, 2011
This year’s program will focus on specific types of cases frequently encountered in motor vehicle litigation. Our Partner, Christopher L. Sallay is the Program Co-Chair of this New York State Bar Association program and will be speaking at the New York and Long Island program. Our partner, Howard S. Hershenhorn will also be speaking at the program. Below are Links to the locations, dates and description of the Program.
There are four Statewide Locations– Click on one of the links below for complete program information and to register online. Program time for all locations: 9:00 a.m. – 4:30 p.m.
|Tuesday, November 8, 2011
|Wednesday, November 9, 2011
|Thursday, November 10, 2011
New York City
Wednesday, November 16, 2011
On Tuesday, November 1, 2011, Cardozo Law School will hold a seminar on Opening Statements for more than 100 students as a prerequisite to its Intensive Trial Advocacy Program (ITAP). Featured Speakers at the lecture include Ben Rubinowitz, and Judith Livingston. Both Rubinowitz and Livingston have been recognized as two of the most successful Trial Lawyers in New York and both are members of the Inner Circle of Advocates — a group of the top 100 Trial Attorneys in the Country. Each of these speakers has obtained multiple million dollar verdicts in areas including Medical Malpractice claims, Automobile Accident cases, Construction Accident cases, Products Liability claims and Civil Rights violations. In the past both Rubinowitz and Livingston have been asked to give demonstrations of their successful Trial Techniques at the annual Continuing Legal Education program “Masters of Trial Law Seminar.” Rubinowitz stated “It is an honor to be asked to participate in this program. I am delighted that Judy Livingston will be joining me in this event.”
Learn more about ITAP:
A Mobile jury awarded a $40 million wrongful death judgment to the parents of a Mobile County teenager who was killed in a 2004 car accident. The judgment was against Kia Motors and the makers of a seatbelt buckle. Tiffany Stabler was ejected from the vehicle after she struck a sign and the car overturned. Witnesses said that she was wearing her seatbelt, while Kia maintained that she was not.
Stabler was driving a 1999 Kia Sephia that her father had bought for her 16th birthday. Kia officials knew that seatbelts in the 1999 model vehicles were faulty, according to plaintiff testimony, but did not include them in a recall of 1995-1998 vehicles.
In Brannan v Korn, Second Department, May 24, 2011, an action to recover damages for personal injuries, The Court granted defendants’ motion for summary judgment dismissing the complaint based on the emergency doctrine. The plaintiff, while attempting to walk across Ring Road, in Garden City, New York, was struck by a hit and run driver and, as a result of the impact, was propelled onto a second vehicle operated by the defendant Joseph D. Korn. The Court held that while “… the existence of an emergency and the reasonableness of the response to it generally present issues of fact, those issues “may in appropriate circumstances be determined as a matter of law” (Vitale v Levine, 44 AD3d 935)…” The Court went on to hold that the defendants were entitiled to judgment as a matter of law.
“The evidence submitted by the respondents in support of their motion for summary judgment established that Korn was faced with an emergency situation, not of his own making, leaving him with seconds to react and virtually no opportunity to avoid a collision (see Lonergan v Almo, 74 AD3d 902). Under these circumstances, the respondents established their prima facie entitlement to judgment as a matter of law. In opposition, the plaintiff’s speculative and conclusory assertions failed to raise a triable issue of fact as to whether Korn’s reaction to the emergency was unreasonable, or whether any negligence on his part proximately contributed to bringing about the emergency or the accident.”
One must wonder if plaintiff submitted a detailed affidavit of an accident reconstruction expert. In any auto accident case in which the emergency defense is applicable the plaintiff’s attorney must retain an experienced accident reconstruction expert, not a “generic” expert who will do a detailed site scene analysis, review all testimony, police reports, etc. and be able to state, not speculate, that to a reasonable degree of professional certainty, the defendant driver had time to react and avoid the accident. The affidavit must explain in minute detail the foundation for the expert’s opinion that the defendant had sufficient time to avoid the accident.
The case involved a car accident that took place at an intersection in Queens, New York City. The traffic proceeding in the same direction as the plaintiff’s vehicle was controlled by a stop sign, while the traffic proceeding in the same direction as the defendants’ vehicle was not controlled by any traffic device. The plaintiff’s decedent was sitting in the back seat of the automobile operated by the plaintiff. In reversing The Court held;
“Contrary to the Supreme Court’s determination, the defendants failed to submit evidence sufficient to establish their prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). “There can be more than one proximate cause of an accident” (Cox v Nunez, 23 AD3d 427, 427). Although a stop sign governed the intersection for traffic proceeding in the direction that the plaintiff’s vehicle traveled, triable issues of fact exist as to whether the defendant driver was free from negligence and, if not, whether that negligence was a proximate cause of the accident (see Myles v Blain, 81 AD3d 798; Kim v Acosta, 72 AD3d 648; Virzi v Fraser, 51 AD3d 784; Campbell-Lopez v Cruz, 31 AD3d 475; Cox v Nunez, 23 AD3d 427). Accordingly, the Supreme Court should have denied that branch of the defendants’ motion which was for summary judgment dismissing the complaint.”
Our partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the accident was her fault asserting that she had not crossed in the crosswalk and that she failed to pay attention to the traffic conditions. The injured victim asserted that the bus driver failed to keep a reasonable and proper lookout failing to pay proper attention and in failing to avoid the pedestrian. As a result of the impact the woman suffered a degloving injury to her knee and pelvic fractures.
Rubinowitz, who recently won a $27.5 million verdict for another client struck by a bus said: “This successful result was part of a team effort. Howard Hershenhorn, Diana Carnemolla and Peter Saghir also worked timelessly for our client.” Rubinowitz continued: “We have the ability to secure the very best results for our clients because of two main reasons: We work harder and put in more effort than any other law firm.”
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has had remarkable results for its clients in car accident, construction, premises liability, civil rights and medical malpractice cases. Ten of its lawyers have been listed in Best Lawyers and Super Lawyers.