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 Personal Injury

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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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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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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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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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location of the deadly car accidentA man died and a woman was injured in a car crash in New York City last Friday night. According to the NY Daily News the driver of a white 2001 Nissan Sentra was driving East on Rockaway Boulevard around 10:30 pm. He was planning to make a left turn onto Guy R Brewer Boulevard. When he arrived at the intersection the left turn light was red and a tow truck operated by Onpoint Collision and Towing Services was in front of him. The tow truck driver told the News that the reckless driver went around his truck on the right and then proceeded to turn left to get onto Guy R Brewer Boulevard. In order to do so he had to cross several lanes of traffic. He was T-boned by a white BMW that slammed in the car’s door. The tow truck driver confirmed that the woman who was driving the BMW had the green light. He saw the entire accident including when the EMS arrived and pulled the driver out of his car. The emergency team tried to resuscitate him but according to the tow truck driver, the man seemed dead. He was transported to the hospital where his death was confirmed. The BMW driver was also taken to the hospital to be treated for non-life threatening injuries.

Read more in the NY Daily News

Picture: Courtesy of Google Map

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Thankfully nobody was injured in a Manhattan gas explosion. An electrical malfunction in a Con Edison transformer caused a carbon monoxide leak in a building located on 2465 Broadway between 91st and 92nd Street in the Upper West Side. The leak started around 4:00 pm and was discovered when the alarm of the Equinox gym located in the building went on.  90 people including clients at Equinox and three other businesses as well as 15 tenants were swiftly evacuated before an explosion shattered the windows of the building. Witnesses said they saw a big orange flash followed by the explosion. Glass and debris flew across Broadway. People living in the area felt their apartments shake. Animals at next door Petco were all safe as well.

The firefighters thought the alarms had been triggered by a smoking transformer inside the Equinox Gym basement but then they detected high levels of carbon monoxide and found that a carbon monoxide leak from defective ConEd equipment under the sidewalk. The gas and electricity were shut off on the block. Yesterday morning the gas was still turned off as investigators were still figuring out what happened.

It was fortunate that everybody could be evacuated before the explosion occurred. Carbon monoxide gas leak are extremely dangerous and very easy to ignite.  Any spark caused by even a telephone ringing or a light switch being turned on can trigger an explosion.

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ThanksGivingWhile Thanksgiving is usually a day of joy,  many unexpected events can result in injuries during that day. In fact all around the country emergency rooms experience a spike in visits on Thanksgiving day. Here are a the most common injuries occurring on that day and a few tips to avoid them:

  • Knife injuries are among the most common injuries occurring during Thanksgiving holidays. Please be careful not only when you carve the turkey but also during all the food preparation.
  • Food poisoning is also extremely common on Thanksgiving day. If you are the one cooking the turkey, use a meat thermometer to check the internal temperature in the innermost part of the thigh, of the wing and the thickest part of the breast.  The turkey is cooked when all these spots have a temperature of 165 degrees and above. Properly cooking the turkey at 165 degrees kills all the harmful germs that might be present in the animal. Keep in mind that the CDC announced early this month that there was a major and widespread outbreak of multidrug-resistant salmonella infections linked to raw turkey products and live turkeys. 164 cases in 35 states were reported at the beginning of this month including 63 hospitalizations and 1 death. 12 cases were reported in New York.
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Dragon's_breathDipping dessert items into liquid nitrogen right before consumption can cause severe injury and should be avoided. A trendy dessert called Dragon Breath, Heaven’s Breath or Nitro Puff that consists of a cereal snack that taste like fruit loops dipped into liquid nitrogen right before consumption is being sold at malls, fairs, food courts or ice cream parlors. When you eat the dessert your mouth smokes like a dragon which makes for some cool Instagram pictures. However liquid nitrogen even though it is not toxic can cause severe injuries if not handled proprely because of its extremely low temperature. It can be as cold as minus 320 degrees and if it is still present in the food when someone ingests it it can cause severe burns to tissues.  Not only fingers but the mouth or the throat and even the stomach can be burned. Last year a 14 year old had to be hospitalized after burning her thumb. In India a man who swallowed a cocktail with liquid Nitrogen too quickly ended up at the emergency room with a hole in his stomach.

Dangerous for people with asthma too

Additionally people may also experience problems with breathing especially those who suffer from asthma. In the video below a mother explained how her son, 20 minutes after ingesting a few dragon breath treats at a fair went into a full blown asthma crisis and had to transported to the hospital to be treated.

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accident sceneA 30 year old pregnant woman died in a NYC crash and a teenage girl is in a coma with serious spine injury that may prevent her from walking again. On Saturday morning, 30 year old Jennifer Parisella, a farmer from Middeltown was on her way to a farmers market in the city when she rear ended a tractor-trailer on the Major Deegan Expressway near Brook Avenue around 7:00 am. The young woman who was five months into the pregnancy of her first child died at the scene of the accident.  Her two stepchildren, 14 year old Sky Mendoza and 12 year old Orlando Mendoza were also in the van. They were sitting on the back seat. A 28 year old man who was a relative of the family was in the front passenger seat. Sky Mendoza suffered critical brain and spine injury. She is still in a coma and she might never walk again. Orlando suffered a broken collarbone and the 28 year old man injured his leg.

The police are still investigating the reason of the crash. The 42 year old truck driver stayed at the scene of the accident. He wasn’t charged.

Read more in the New York Post 

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Dusk and Darness Accident PreventionThe NYPD announced last week that A NYC pedestrian died from his injuries the day after an accident that occurred in the Bronx on November 7th around 6:30 pm.  52 year old Alvaro Gutierrez was crossing Southern  Boulevard at Elsmere Place when he was struck by a minivan.  Gutierrez who was hit in the crosswalk, flew in the air and landed on the roadway. He was transported to the hospital where he died the following day. The minivan driver wasn’t charged.

Winter is the worst season for pedestrians

Statistics show that, in New York, after daylight saving time ends, pedestrian accidents increase dramatically, especially during evening hours. The months of November to March are the deadliest for New York pedestrians. To boost awareness about this situation and encourage drivers to drive safely the city has been deploying its ‘Dusk And Darkness’ Vision Zero Safety Initiative for the third consecutive year.