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 Medical Malpractice Attorney Jeff BloomOur NY personal injury law firm is proud to announce that our partner Jeffrey B. Bloom obtained a $3,450,000 jury verdict in Dutchess County, NY in a medical malpractice trial involving a 33-year-old man who now has limited function of his non dominant hand despite several surgeries. After a two-week trial held in Supreme Court Dutchess County before the Hon. Christi J. Acker, the jury of 3 men and 3 women reached their verdict after only two hours of deliberations.

Failure to diagnose and timely treat compartment syndrome

On August 14, 2019, during a routine bicep surgery, the defendant orthopedic surgeon lacerated the brachial artery. Said injury went unrecognized at surgery leading to compartment syndrome in his arm. There was a delay of over the next 48 hours in recognizing the injury despite complaints by our client of excruciating pain. By the time the compartment syndrome was recognized, our client suffered significant muscle and nerve damage to his forearm. As a result, he underwent an emergency fasciotomy, followed by several other operations.

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Double_Decker Bus_TopViewA devastating bus collision that occurred in Manhattan last Thursday left  numerous individuals injured. Initial investigations conducted by the Metropolitan Transportation Authority (MTA) have revealed that a double-decker tour bus, operated by Topview NYC, was speeding when it collided with an MTA bus at the intersection of 1st Ave and E. 23rd Street.

Eyewitness accounts vividly described the  moment when the MTA bus was struck by the speeding tour bus. The sheer force of the impact shattered the windows of the tour bus, leaving no doubt about the severity of the accident. Prompt response from first responders helped free passengers trapped inside the tour bus and provided immediate aid to those injured on both buses. In total, 36 individuals were transported to nearby hospitals, while 10 others received treatment at the accident scene.

Expressing deep concern, MTA President Richard Davey highlighted the reckless driving behavior exhibited by the tour bus operator. Preliminary findings indicate that the tour bus ran a red light, striking the MTA bus not once, but twice, before ultimately rebounding. The excessive speed at which the tour bus was traveling only exacerbates the gravity of the situation. Such irresponsible actions behind the wheel put innocent lives at risk and demand accountability.

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Staten Island Expressway where the truck accident occurredTragedy struck on Monday morning on the Staten Island Expressway as a truck accident left seven people injured, with one person in critical condition. The accident occurred near Manor Road and Bradley Avenue.

Truck accidents like this one can be particularly complex, involving multiple parties, potential liability issues, and intricate insurance matters. Therefore, it is crucial for those involved in such accidents to seek legal assistance from experienced truck accident attorneys. Here are a few reasons why legal representation is vital:

  1. Determining Liability: Establishing who is at fault in a truck accident requires a thorough investigation. An experienced attorney will work to identify all responsible parties, which may include the truck driver, trucking company, maintenance crews, or even vehicle parts manufacturers. Identifying liability is essential for pursuing compensation.
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NYC construction workers have a high risk of fatalitiesAs construction accident attorneys in New York, we have witnessed the devastating consequences of heat-related injuries among construction workers.

The parents of Tim Barber, a young construction worker who tragically lost his life due to heat stroke on his second day at a new job Upstate NY, have been tirelessly raising awareness about heat-related illnesses. They have played a crucial role in advocating for a New York bill called the Temperature Extreme Mitigation Program, aimed at amending the state’s labor law to provide broader protections against the risks posed by heat and cold stress. Regrettably, despite their efforts, the bill did not successfully pass into law.

With the summer months upon us, it is crucial to shed light on this pressing issue and explore preventive measures that can ensure the safety of construction workers during the summer. By recognizing the risks associated with heat exposure and implementing appropriate safety protocols, we can protect construction workers from the debilitating effects of heat-related injuries.

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proper house cleaning on construction sites can prevent dangerous fallsLast Thursday at around 9:09 a.m., a worker was injured after he fell between buildings on the construction site of a two-building affordable housing complex located at 151-165 Broom Street in the Lower East Side. The fall occurred from a height of approximately 30 feet, equivalent to three stories. Fortunately, the New York City Fire Department (FDNY) successfully rescued the worker by cutting open a wall to access the gap. Rescuing the trapped worker was far from easy. Despite the difficulties, the rescue team remained diligent in their efforts to extract the worker unharmed.

Contractor Negligence

The preliminary report released by the Department of Buildings (DOB) revealed significant oversights on the part of the contractor. The worker had fallen from a pipe scaffolding on the building’s third floor that was found to be covered in debris, posing a hazardous working environment. Most alarmingly, the area between the two buildings where the worker got stuck was left uncovered, leading to the life-threatening fall.

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ambulance at accident sceneIn the early hours of Tuesday morning, tragedy struck a bustling street near Chinatown when a fire erupted at an e-bike service store. Four lives were lost, while two others remain in critical condition. The cause of the fire? Lithium-ion batteries, which have become a growing concern in New York City due to their link to several fatal blazes.

At around midnight, a three-alarm fire broke out at the e-bike repair shop on Madison Street, engulfing the business and spreading through the building. Despite the valiant efforts of approximately 140 firefighters and emergency personnel, the blaze claimed the lives of four individuals and left two others fighting for their lives. The fire commissioner, Laura Kavanagh, confirmed that the fire was accidental and caused by a lithium-ion battery.

Lithium-ion batteries have become a common power source for various devices, including e-bikes, phones, laptops, and power tools. However, their flammability has become a growing concern as the usage of electric vehicles, especially e-bikes and scooters, has surged in New York City. Commissioner Kavanagh revealed that these batteries have been responsible for 108 fires and 13 deaths so far this year alone. In 2022, approximately 200 fires were linked to lithium-ion batteries.

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As car accident attorneys, we are acutely aware of the devastating consequences of reckless driving in New York City. Indeed, the city’s high population density means that millions of people and vehicles share limited road space, leading to increased risks associated with reckless driving. This congestion heightens the likelihood of collisions and resulting injuries. Furthermore, New York City boasts a complex network of streets, intersections, and areas with heavy pedestrian traffic, underscoring the importance of drivers exercising caution and adhering to traffic laws. Reckless driving behaviors such as speeding, running red lights, aggressive maneuvers, and failure to yield to pedestrians can have dire consequences in such an urban environment. Additionally, the presence of vulnerable road users, including pedestrians and cyclists, further elevates the potential for severe injuries or even fatalities when reckless driving occurs.

Over the past weekend, several people were injured, and significant property damage occurred due to reckless driving.

A 6-year-old boy in East Harlem Park was critically injured when he was struck by a moped-like vehicle, which then fled the scene. The incident occurred at around 6:30 p.m. on Sunday, causing severe head trauma to the child. The suspect initially stayed but fled before the police arrived. The vehicle was described as similar to a moped, and it was last seen heading northbound in the park. This hit-and-run occurred just before the city’s plan to lift a ban on e-bikes and scooters in parks as part of a yearlong pilot program, which excludes faster, heavier mopeds. The pilot program will allow e-bikes and scooters under 100 pounds to operate on park drives and greenways but not on pedestrian paths. The Parks Department emphasizes maintaining rules against reckless behavior throughout the pilot period, which starts on Tuesday and ends on May 31, 2024.

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NYSLTAJust a friendly reminder that tomorrow, The New York State Trial Lawyers Association is hosting a daylong continuing legal education (CLE) master series. This event offers a unique opportunity to gain insights from some of the most successful trial attorneys of the past half-century. The faculty, chaired by our esteemed managing partner Ben Rubinowitz and featuring our partner Marijo Adimey, collectively represent over 200 years of invaluable experience. NYSTLA President Thomas P. Valet describes this event as an “unprecedented coming together” of legal talent.

Don’t miss out on this exceptional event! Join us tomorrow for a day filled with enriching discussions and invaluable knowledge-sharing. Register now to secure your spot at this esteemed webinar panel.

Event Details:

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the faculty at the NYSTLI Master SeriesOur managing partner, Ben Rubinowitz, will chair the New York State Trial Lawyers Institute’s Master Series 2023, and our partner, Marijo Adimey, will be a faculty member. The seminar will take place on June 16, 2023, from 9:30 AM to 5:30 PM, in person or online.

How do some of the most talented lawyers in New York consistently achieve the very best results for their clients? How do they deal with problems that have the potential to destroy their case? Over the last 35 years a small group of lawyers have repeatedly attained the very best results for their clients at trial. Learn the answers to these questions: Why did the jury return such a large award? How did the lawyer ask for money damages? How did the lawyer work with favorable and unfavorable trial evidence? How did the lawyer deal with problem areas during jury selection?

This seminar will demonstrate what these lawyers do and say in Opening Statements and Closing Arguments to achieve spectacular results. It will also focus on the way in which they dealt with tough and problematic issues during jury selection. Every member of this renowned faculty has obtained multiple million dollar verdicts. Trial demonstrations are what this program is all about. As an added bonus a portion of this program will be devoted to legal ethics at trial.

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Traffic accidents near JFK airportLast week 15 people were injured in a bus accident and a teenager was killed when the car she was in collided with a truck. Both accidents took place near JFK Airport, which is currently undergoing a major makeover. The aim of this $19 billion project is to rejuvenate the airport by providing modern facilities and improved terminals. However, this extensive renovation comes at a cost: roadways are being torn up and closed, resulting in significant traffic disruptions that are projected to last for several years. Consequently, various modes of transportation, including driving, public transit, taxis, and ride-hailing services, will be affected, potentially causing substantial congestion, delays, and safety concerns.

Last Friday a collision occurred between a Delta Airlines bus and a commuter van on the Van Wyck Expressway, resulting in 15 injuries. This incident serves as a stark reminder of the dangers faced by commuters in and around JFK Airport and southeast Queens. Local leaders, such as Queens Borough President Donovan Richards, have been advocating for clearer signs, speed warnings, and overall safer street designs as part of the JFK Airport overhaul. Additionally, Richards highlighted the peril of driving on North and South Conduit Avenue, where a 14-year-old girl was killed in a car accident just two days prior. The accident took place on North Conduit Avenue near 160th Street. The 14-year-old was a passenger in a BMW driven by a 16-year-old driver. The young driver, who was not supposed to be driving alone, lost control of his vehicle and crashed into a UPS truck, resulting in the death of his passenger and friend.

As predicted by Frommers, commuting to JFK airport, is currently and will continue to be a nightmare for years to come.

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