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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There are usually less personal injuries and deaths related to motor vehicle accidents in New York City during the month of January than during most other months. This January there were 17,798 traffic accidents compared to 15,977 in January 2015, 16,597 in January 2014 and 15,599. Even though motor vehicle accidents decreased from January 2014 to 2015 the number of monthly accidents has been on an increasing trend. It is the first time that the number of traffic accidents is above 17,000 for the month of January.

Traffic Accidents NYC January 2016
Despite an increasing number of traffic accidents the number of injuries and deaths related to theses accidents have decreased. This is hopefully related to the introduction of various initiatives to make the streets safer launched under the NYC Vision Zero project. As motorists are driving slower and in a safer way, accidents still happen but less road users are injured or die.

3,624 people were injured in a traffic crash in New York this past January.  This is more than in January 2015 (2,449) but less than in January 2014 (3,899) and in January 2013 (3,993).  Globally over the last 3 years the monthly number of people injured in NYC auto accidents has been decreasing. However during the last few months, the number of injuries have been picking up again. For example, In December 2015 there were 4,519 people injured in auto accidents in NYC compared to 4,117 in December 2014 and 4,277 in December 2013. It was the first time that the number of injuries related to traffic accidents in NYC was above the trend line in December.

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location of the hit and run accidentA 70 year old man was critically injured by a speeding hit an run driver yesterday afternoon in Brooklyn, NYC. The man who was riding his electric scooter  was in the crosswalk at the intersection of 25th Avenue and 85th Street when he was side-swiped by a speeding white SUV.  The impact knocked the elderly man off of his scooter.  Jennifer Fahmy, a teenaged pedestrian was standing nearby and witnessed the accident. She told NBC News that the driver almost hit her as well. As he was fleeing witnesses said he ran several red lights.

Jennifer immediately ran to the victim to assist him. She said that he was critically injured and was barely moving. She called 911.

The elderly man was rushed to the hospital in life threatening condition.

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The NYPD are actively looking for five negligent hit and run drivers who killed a bicyclist as well as two pedestrians and injured two other pedestrians.

The first accident took place Sunday morning in the Bronx around 1:30 am. 63 year old Jose Contreras was attempting to cross Webster Avenue at the intersection of 175th street when he was struck by a grey SUV. The driver never stopped. The victim who had just attended his sister’s birthday at a nearby catering hall was found by his son. He suffered severe trauma and was rushed to the hospital. He didn’t survive. The police are looking for a 2001-2006 gray suburban Cadillac Escalade. More information about the accident can be found on the ABC7NY website.

The second accident occurred less than an hour later in Queens, NYC.  A 22 year old woman was crossing Guy R. Brewer Boulevard at 118th Road in South Jamaica when she was hit by a silver minivan. The driver never stopped. The police found the young pedestrian unconscious on the ground. She was taken to the hospital where she was diagnosed with critical head trauma.

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A 77 year old woman died after being hit by a car in New York. The pedestrian accident occurred at the intersection of Madison Avenue and 36th Street around 8:30 am on Monday morning.  77 year old Carol Dauplaise, a Manhattan jeweler, was crossing Madison Avenue from east to west. She had the green light and was in the crosswalk. As she was crossing, Buddhi Gurund, a limo driver for Tel-A-Car, made a left turn onto Madison Avenue from 36th street and struck her.  Other pedestrians who witnessed the accident rushed to the rescue and lift the car off to try to save the woman. She was transported to the hospital where she later died from her injuries.

Carol Dauplaise was a successful jeweler who had developed her own business into a multi million-dollar business. She started her own company in 1979 with only two other employees: a sales person and a design assistant.  Her company is now employing 50 people in New York City. Her store was located a block away from the accident on 37th Street.

The limo driver told the police that he didn’t see the victim.  According to the Gothamist he was arrested and charged with failure to yield to a pedestrian and failure to exercise due care.

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Daniel+Pollack-1Many children in the welfare system suffer personal injury or or are even killed because they weren’t provided with stable and secure care. When a child is harmed while under the care of child welfare services, that child may have a viable cause of action in state or federal court. In  the article “Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation” recently published in the Capital University Law Review, 44(1), 103-125* Andrea MacIver, J.D., DePaul University College of Law, Appellate Judicial Clerk for the Honorable Nathaniel R. Howse, Jr and Daniel Pollack, M.S.S.A. (M.S.W.), J.D., Professor at the School of Social Work, Yeshiva University in New York City, and a frequent expert witness in cases involving child welfare and developmental disabilities,  focus on state claims.

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After a construction worker died and four others suffered personal injury in a construction accident in Brooklyn, NYC, in 2011, the negligent “special instructor” who failed to perform crucial safety inspections on the site of the accident had his license revoked by the New York City Department of Buildings on Friday.

Back in 2011, Steven Schneider, an engineer, was hired as a special safety inspector on the construction site of a 14-unit condo building in Brighton Beach. As part of his duties Schneider was required by the code to perform structural tests such as testing of steel and masonry construction, structural stability and underpinning of adjacent buildings. Investigations show that Schneider never performed any of these tests and therefore didn’t notice that construction workers  had improperly poured concrete on unstable steel structures. This gross negligence led to the collapse of several floors of the building.  During the accident several workers were buried in the debris. Among them was Ivan Lende, a 54 year old worker from the Ukraine who died in the accident. Four of his colleagues were injured. Investigation results also show that Schneider  was unable to provide inspection documentation at many other NYC sites where he had been hired as a safety instructor. Not only did Schneider have his license revoked by the NYC DOB but his case was also referred to the state for “further disciplinary action”.

The DOB also announced Friday the revocation of the plumbing license of Andrew Trombetta. Andrew Trombetta is a master plumber who was involved in the East Village gas explosion that killed two people and injured many others in March 2015. Andrew Trobetta rented his licensed to the unaccredited plumber who installed the illegal hook up that led to the explosion. Earlier this month he was charged with falsifying inspection reports while four other people were charged with manslaughter and criminally negligent homicide.

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A man suffered serious personal injury after a dozen bricks fell on his head in the Bronx and a tractor trailer flipped over on the George Washington Bridge yesterday night as a heavy storm ravaged the New York City Metro Area, New Jersey, Long Island, Southern Connecticut and the Lower Hudson Valley.

Strong winds with gusts over 50mph caused a tractor-trailer truck to flip over on the George Washington Bridge yesterday night a little before 10;00 pm. Thankfully nobody was injured in the truck accident. A man in the Bronx was less fortunate. As he was heading home bricks from a building fell on his head. He was seriously injured according to the NYPD. A witness said that after the accident the man could barely move and had blood all over his face. The police also investigated the possibility that the wind may have caused an entire building to collapse in the Bronx as well.

A sidewalk shed collapsed in Brooklyn.

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roy webbAfter sustaining minor injury in a car accident, a 27 year old man died during surgery at a New York Hospital.  This morning around 4:30 am Roy Webb, an employee for the catering hall Antuns in Quens Village, was driving a co-worker home. He was driving South on Laurelton Parkway when his lost control of his vehicle. He slammed into a guardrail near 130th Ave.  The car caught fire and the passenger died at the scene of the accident. The passenger suffered such bad burns that an autopsy will be required to formally identify her. The driver suffered a broken neck and was transported to Jamaica Hospital. His girlfriend and his family said that he went for a first surgery and that he woke up fine and was expected to survive. He then went for a second surgery and died during the procedure. According to the NY Daily News, the hospital told the family that his pulse dropped and that was all they could do. The family suspects that the hospital committed medical malpractice.

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new york taxi accident locationA woman suffered serious personal injury and a taxi passenger suffered head trauma after a taxi jumped the curb next to the Metropolitan Museum in Manhattan. On Sunday morning, 41 year old Melissa Bernard was walking on the 84th street sidewalk next to the Metropolitan Museum with Bowen, her two year old son. Ahead of them her husband, Adam, was pushing their one year old daughter, Colette, in a stroller. As they were walking toward Central Park, Melissa told the New York Post that she noticed a taxi driving at a high speed toward them. She grabbed her son to protect him. The taxi jumped the curb and landed on the sidewalk just between her and her husband. The taxi then hit a light pole. The light pole fell on Melissa’s back head and neck leaving her with severe injury and a possible concussion. The child was not injured. According to the Gothamist,the passenger who was in the taxi at the time of the accident also suffered head trauma.

Mohammad Miah, the cab driver told the police that he tried to avoid another taxi who had cut him off. Mohamad said the other taxi was driving in the bus lane. He didn’t stop after the accident. The police are still investigating the causes of the accident. No citations have been issued so far. Pictures from the New York post show that surveillance video cameras were located at the the site of the accident. They should help the police determine exactly what happened.

The picture on the left  is from Google Map. It shows the location of the accident. Visitors to the Metropolitan Museum and families heading to Central Park make this intersection a very busy spot. The taxi jumped the curb and landed against the fence of the Metropolitan Museum to the left of where the pedestrian with the red shirt is located on the picture.

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New York personal injury attorney Stuart Schlesinger won $875,000 in a medical malpractice lawsuit for a client but the client never saw the money. Margaret Last, a a former executive assistant turned to attorney Stuart Schlesinger after a treatment from a podiatrist left her in so much pain that she had to start using a wheelchair or a cane to get around. She was relieved after Stuart Schlesinger was able to win $875,000 in a medical malpractice lawsuit against the podiatrist. However a year after, Margaret Last still hasn’t received any of her money according to a lawsuit that she filed against Schlesinger.

It is not the first time that Schlesinger has committed legal malpractice. He was arrested in December for defrauding clients of over $3 Million dollars in settlement proceeds.

The conduct of this NYC personal injury attorney is a disgrace to our entire profession. This is exactly what a lawyer should not be. Most of the lawyers who practice in the personal injury field, as we do, put their clients interest first and work to serve their needs. The fact that a lawyer could steal a seriously injured person’s money is unacceptable. The harshest possible sentence should be handed down against Stuart Schlesinger because he broke the most basic bond of trust between lawyer and client.

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