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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Gotham residential construction siteLast June, two construction workers were seriously injured in a mini-crane accident in New York because of the negligence of their contractor, Western Waterproofing Co. Inc from St. Louis (see previous blog).

The accident occurred after two supervisors working for the contractor rented a mini-crane, installed it on the fourth floor of the construction site and instructed an untrained worker to lift heavy curtain wall panels with it. The load was too heavy and the crane tipped and fell four stories down. Two workers, Jorge Delgado and Christopher Jackson were seriously injured during the accident.

Last week, OSHA cited the Missouri contractor for exposing employees to serious injuries and proposed a $155,204 fine against the company.

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respiratory test set upThe dust generated on construction sites can have adverse health effects on construction workers. Different activities on construction sites can generate different types of nanoparticles and ultrafine particles that can lead to serious respiratory diseases such as silicosis and lung cancer. To prevent these diseases the NIOSH recommend that workers use N95 respirators. However according to a recent pilot study conducted by the Center for Construction and Research Training (CPWR), these respirators might not protect construction workers properly depending on the task that they execute.

The CPWR used two manikins fitted with two types of  NIOSH approved N95 masks, the pleated N95 mask and the foldable N95 and assessed their respiratory protection against ultrafine particles and nanoparticles in various construction environments.

The researchers first found out that it was very difficult to get the N95 masks themselves as they were out of stock or back ordered for several weeks and substitutes had to be used for the studies.

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Broken glass on NYC bike lanesAnti bike lanes activists intentionally put NYC cyclists at risk of  dangerous accidents by spreading broken glass on the  12th and 13th streets bike lanes in the West Village in Manhattan.  This is the second time that a bike lane has been intentionally vandalized for political reasons. In November, thumbtacks were thrown all over the 43rd Avenue bike lanes in Sunnyside, Queens by bike lanes opponents.

Yesterday afternoon, “bring back our parking!” graffiti and other anti-bike lane signs appeared on the 12th and 13th street bike lanes. Broken glass was also spread over the two bike lanes putting cyclists at risk of dangerous accidents.

According to Street Blog, the graffiti reflect the opinion of the anti-bike lane 14th Street Coalition. This group is asking the city to remove the two bike lanes on 12th and 13th street as well as the bus lane on 14th street.  The two bike lanes and the dedicated bus lane were implemented by the city in anticipation of the L subway lane closure. Now that the city announced that the L will not shut down, some anti cyclists neighborhood groups want their their street back to the way it was before.

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Netflix notice to prevent injuries

The new internet Bird Box Challenge can lead to serious injury. Named after a new Netflix horror movie starring Sandra Bullock during which the characters have to live their life blindfolded to avoid invisible creatures, the Bird Box Challenge has regular people and also many celebrities filming themselves doing all kinds of activities blindfolded.

While some keep it pretty much safe such as Michael Strahan from Good Morning America trying to put lipstick on Sara Haines while blindfolded, others like actors Jake Paul and George Janko even attempted to drive blindfolded during a 24h challenge. Some parents have been involving their children and some choking videos emerged of  children bumping into the walls or destroying furniture.

The challenge became so popular that Netflix had to issue a warning asking people not to put their life in danger for this challenge.

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New York Personal Injury Attorney Christopher DonadioThe partners at our personal injury law firm are proud to announce that Christopher J. Donadio has been named a partner at the firm.

Since joining the firm, working with Anthony Gair, Chris has proven to be an invaluable asset . Chris has demonstrated a remarkable ability in handling cases from inception through trial. He recently obtained a $3 million verdict in an extremely difficult medical malpractice case alleging a failure to diagnose pancreatic cancer.  He has been involved in resolving multiple 7 figure cases during the short time he has been with the firm. Among them he was co-counsel with Ben Rubinowitz in a case involving injuries to a construction worker which resulted in a $6.25 million verdict. He also settled a case for $5.85 million for a construction worker who suffered a spinal injury.  Chris has also lectured at numerous seminars in the field of personal injury litigation.

Prior to joining the firm, Chris  who is admitted to practice in both New York and New Jersey spent 7 years honing his trial skills in another personal injury law firm where he obtained over 40 jury verdicts.

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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 a man 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.

The plaintiff who was 54 years old 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. He 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 him. He suffered serious injuries.  As a result of the crash  he spent 78 days in the hospital, having 9 operations. He 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