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

Published on:

New York Personal Injury Lawyer Ben RubinowitzOur Managing partner, New York Personal Injury Lawyer Ben Rubinowitz is the New National Institute for Trial Advocacy (NITA)] Board Chair. He succeeds L. Joseph Loveland and will hold this position for two years. He was introduced as the new Board Chair at the NITA Board’s annual meeting on April 25-26 at the organization’s headquarter located in Boulder Colorado. During the meeting, three new members were also elected to the Board of Trustees: Judge George C. Hanks, Jr. of Houston, Daniel M. Kotin of Chicago, and Whitney M. Untiedt of Miami.

State of the Art Advocacy Programs

A non profit organization created in 1969, NITA is made up of a volunteer network of lawyers, judges and esteemed advocates across the globe. Based in Boulder Colorado since 2010, the organization provides top level advocacy programs that give attorneys the opportunity to learn and practice skills such as taking depositions, making opening and closing arguments, examining witnesses, and more.  NITA courses are being taught all over the US and internationally. The Boulder Education Center offers 6 meeting rooms that can be configured into courtrooms with tablet review and recording, providing lawyers a chance to learn and develop their skills in a safe environment without the stakes of a real courtroom.

Published on:

Donna Sturm was killed by a cyclistDonna Sturm, a pedestrian who suffered traumatic brain injury after being struck by a bicyclist in midtown Manhattan almost two weeks ago died from her injuries over the week-end. Donna was left in a coma since the accident that occurred on April 24 around 1:00 pm. The 67 year old woman was coming back from lunch and was crossing 57th Street between Fifth and Sixth Avenues when  a bicyclist identified as 40-year old Damian Dewart recklessly ran the red light and struck her. (see our previous blog for more details on the accident)

Our managing partner, New York Personal Injury Attorney Ben Rubinowitz who is representing the family of  Donna Sturm  issued the following statement on behalf of the family:

Donna Sturm was a vibrant, energetic and wonderful woman who died as a result of carelessness and negligence.

Published on:

Chicken CoopIn 2018, 120 Americans died and 25,606 suffered illness after being contaminated by dangerous food. 5,893 of them had to be hospitalized to be treated. Produce caused half of the illnesses, then in order meat and poultry, dairy and eggs, fish and shellfish.

The infections are caused by 7 main bacteria ad 1 parasite:

  1. 9,084 cases of Salmonella caused 2,416 hospitalizations and 36 deaths. Salmonella is mainly found in eggs and chicken
Published on:

harness safety equipment on scaffoldOn April 28th, Workers Memorial Day commemorated those who have suffered and died on the job. The NY construction industry accounts for a large share of the deaths and injuries suffered by workers. While fatal construction accidents have declined by 23% in New York City over the last 5 years they increased by 39% in New York State. The main reason behind this discrepancy is the difference in regulations. While stronger regulations and an increase of enforcement and control could help reduce the construction safety crisis in New York State, businesses are heavily lobbying against them.

In New York City things are not perfect either ( 3 construction workers died over a one week period last month) but long term statistics indicate that new and old policies are helping in making construction sites safer for workers. In 2019 the funding for the New York City Department of Buildings increased to 189 million compared to 107 million in 2015. The Department was able to hire 700 more employees and increase the number of work-site inspections.  The recent implementation of Local Law 196 that requires all construction workers to have a minimum amount of safety training before being able to work on a construction site in New York City will also be helpful in preventing dangerous injury and deaths.

Scaffold Safety Law

Published on:

West 57th street between 5th and 6rth AveA pedestrian suffered a traumatic brain injury  after being struck by a cyclist in Manhattan last week. 67 year old Dona Sturm just had lunch and she was crossing west 57th Street between Fifth and Sixth Avenues around 1pm when the accident occurred. As Dona was in the crosswalk, a cyclist blew the red light and collided with her. The impact was so intense that both of them fell on the ground. The cyclist was ok but the woman was lying on the ground with a bleeding skull fracture. She was rushed to the hospital and was diagnosed with traumatic brain injury. She is now in stable condition according to her husband.

The cyclist, 40 year old Damian Dewart stayed at the scene of the accident. He told the police that his brakes were not working proprely. The police gave him a ticket for a red light violation. In the days following the accident, the police were seen cracking down on cyclists in the area. 57th street is a very busy street in Midtown Manhattan and people working in the area have been complaining about cyclists zipping dangerously between pedestrians.

In a statement the employer of Dona Sturm wrote : “All of us who live or work in New York City do so at our peril because of bike riders speeding through intersections and often going against traffic on one-way streets. Bicycles should have a license plate to create accountability for the riders. We pray that Donna will fully recover from this tragedy.”

Published on:

NYC construction workers and their families commemorated the 16 hard hats who died and the many others who were injured  in construction accidents in New York City last year in a mass held at St Patrick’s Cathedral last Thursday. The hardhat procession into the cathedral was followed by a memorial service in the cathedral. In an emotional celebration, families and friends commemorated the 16 workers who died on construction sites between April 28 2018 and April 28 2019. Among the workers who died 13 were non unionized construction workers, 2 of them unionized workers and one was a security guard. 16 empty chairs with a hard hat and a rose were installed in the front of the church with the name of each deceased worker.

The construction industry has more deaths than any other industry in New York City and in the US as well. As the construction market is booming in the city  so do construction accidents injuries and fatalities. According to city data, compared to 5 years ago,  deaths of construction workers are up 33 % and injuries 221% in New York City. This month only, 3 construction workers lost their lives over a period of one week.

Non unionized workers are the most at risk of dying on New York Construction sites

Published on:

location pof the collision between thr truck and the cyclistA 74 year old cyclist who was struck by a truck in New York  suffered severe personal injury and might loose his leg. The accident occurred last Saturday around 7:00 pm in the Hudson Yards area. The cyclist was riding a city bike southbound on 11th Avenue when he was struck by a UPS semi-truck. The cyclist was transported to the hospital with severe trauma including a partial severed leg. A recent article in the Gothamist indicates that the cyclist may loose his leg.

According to preliminary investigations, both the cyclist and the truck were driving in the same direction when the accident occurred.  The truck driver stayed at the scene of the accident and so far he hasn’t been charged.  As often happens in this type of accident the police claimed that the cyclist collided with the truck and tried to clear the truck driver. However the police accident report doesn’t mention the nature of the collision and investigators are still looking for video footage to understand the exact cause of the accident.

No bike lane

Published on:

harness safety equipment on scaffold The leading cause of construction workers deaths are falls. The National Institute for Occupational Safety and Health (NIOSH) and the Center for Disease Control and Prevention (CDC) recently released a brochure with information on how employers and construction workers can better prevent fall injuries and deaths. Every year in the US more than 31o workers die and more than 10,350 are injured after falling from heights. Workers on roofs, workers on ladders and workers on scaffolds have the highest risk of getting injured in a fall. According to statistics from the US Department of Labor, in 2016, 124 workers died after falling from a roof, 104 of them died after falling from a ladder and 60 of them died after falling from a scaffold.

Roofers have the most dangerous occupation

81% of people dying after falling from a roof are construction workers. Most common factors contributing to this fatal accidents are inexperience, lack of fall protection,  no safety harness, fall protection system not proprely installed, working alone, bad weather conditions. Falls can be prevented by implementing a serious fall protection program, making sure workers all have proper safety equipment and are proprely trained to use it,inspecting fall equipment, using proper anchorage, using buddy system and monitoring weather conditions

Published on:

Runners in Central ParkAmateur athletes have a higher risk of getting injured in the spring than in the middle or the end of the warm season. As the weather is getting really nice in New York, most of us just want to get out of the house and enjoy outdoor activities.  Don’t over do it warn orthopedists and sports medicine specialists who are seeing an increase of patients every year when spring comes. Take it easy when you get back to your favorite activity as your brain might very well remember the moves but your body is still in winter mode.

Runners have a high risk of getting injured in the spring

Runner knee is the most common spring time injury reported by doctors. Runner knee or chondromalacia patellae is a damage to the cartilage under the knee cap. It is mainly caused by over training. People get excited by the nice weather and they start to run again. They haven’t run much during the winter season and they forget that their body needs to adapt again. Doctors recommend runners to take it easy when they start to run again. A gradual increase of the weakly mileage; taking a day of break between each run to let the body rest; adjusting speed and avoiding steep hills will help avoid injuries.Ditching your old worn shoes for new supportive shoes can also help avoid plantar fasciitis which is another injury caused by excessive running. Another common spring injury is Achilles tendinitis. Runners who are doing too much too quickly and middle aged people who played sports such as tennis or basketball on an irregular basis are the most at risk.Ankles sprains from falls or misplaced steps are quite common as well. Those getting back into tennis, baseball or rock climbing after being less active during the winter should beware of rotator cuff injury and tennis elbow.
Published on:

couple involved in the car crashA speeding driver lost control of her vehicle causing a huge crash, killing the passenger who was her husband and hurting another road user.

The accident occurred early Tuesday morning in New York. 25 year old Dhanairy Ramirez was driving her Honda at a speed estimated to be 80 to 100 mph Northbound on St. Nicholas Ave. Her husband, 28 year old Eduardo Liranzo was in the passenger seat.  She sideswiped two parked cars near 172nd Street. She didn’t stop and continued to speed on St Nicholas Ave and rear ended a parked MTA truck near 190th Street. The truck driver was inside the cabin at the time of the accident. He suffered back injury.

The couple in the Honda were pinned inside the crumbled car and  firefighters had to cut the vehicles to rescue them. Both of them were rushed to the hospital. The passenger didn’t survive and the driver was critically injured.  According to family members who spoke to the NY Daily News, she is still unconscious and in critical condition. The couple has a newborn son. The young dad also leaves behind another son that he had with another woman.