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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accident sceneA construction worker suffered two broken legs after he was struck by a drunk driver early Saturday morning in Staten Island, NYC. The driver, 28 year old Keith Hayes was driving his 2015 Nissan Altima on Midland Ave and made a right turn onto Hyland Boulevard. As he was turning he lost control of his car and hit several orange cones protecting a construction zone. He then struck a flag man barreled into the construction site and flipped his car into a ditch.  The flagman was part of a crew of construction workers who were repairing a water main. He was rushed to the hospital to be treated. The driver was tested for alcohol and breathalyzer showed 0.163, twice the legal limit. He was charged with drunk driving, vehicular assault and reckless endangerment.

Read more in the NY Daily News

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22 year old Joanna Mei is responsible for the fire that killed two people and injured 10 others in Dyker Heights, Brooklyn, on Thursday. The 22 year old nursing student was charged with two counts of murder and arson. Mei told the police that she was upset with the trash filling the hallway and with the death of a relative several years ago. She explained that she set a garbage can on fire and then felt bad about it and tried to kick the can to stop the fire. Instead the burning rubble spread on the floor and reached some nearby gasoline which erupted into flames. Then the fire quickly started to spread all over the building. There were no smoke detectors in the whole building. Specially trained dogs sniffed gasoline on Mei clothes as well as in other spots of the building including on the third floor where the two victims were living. The victims, 58 year old Xi Huang and 56 year old Feng Xu were a couple from China. They had moved into the building a little less than a year ago. Mei also lived on the third floor.

Read more in the NY Daily News

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accident sceneA mother and two children as well as a family sitting in their leaving room almost died in two successive car crashes committed by the same car driver. A 35 year old woman driving a yellow mustang jumped the curb Friday afternoon in Queens hitting two boys, 2 and 6 year old. The children were walking on a sidewalk with their mother near the intersection of 170th Street and Jamaica Ave in Jamaica Hills, Queens, NYC. The video below shows that the mother was able to quickly grab the kids and save them from being hit harder by the car. The crazy female driver never stopped. She just sped off  and kept driving. She lost control of her vehicle a second time on 172nd Street and crashed into a house. The front of the car landed in the living room next to a sofa where a pregnant woman was siting with the rest of her family, an elderly woman, the father and two other children. The father, Mohammed Emran couldn’t believe what just happened. He was in shock. His whole family could have died. The mustang driver tried to leave again after she hit the house but a neighbor and his son who saw the accident held her down and called the police. They told CBS News that the woman seemed intoxicated. She was taken to the hospital for toxicology exams.

Read more in the NY Daily News

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OSHA workplace injuries and ilnesses posterEmployers who are required to fill what is commonly called the “OSHA Log” have to submit their 2016 injury and illness data electronically by December 1st. The original deadline was July 1st but OSHA announced in May that the deadline would be postponed. OSHA didn’t provide any specific date at the time.

This requirement complies with OSHA final rule to “Improve Tracking of Workplace Injuries and Illnesses” that was released last January.  This final rule requires that all employers who need to file OSHA Form 300A, file the form electronically. Employers that have 250 or more employees as well as employers with 20 to 249 employees that are working in risky sectors such as the construction industry must all file this form. In 2018 the deadline for 2017 data will be July 1st and in 2019 as well as all the following years, the deadline will be March 2nd. Employers can now go online anytime to access the Injury Tracking Application and login to file Form 300A electronically. Paper filings are not accepted anymore by OSHA.

As part of the new rule, the information provided will be released in standard open format on OSHA website to encourage employers to improve work safety and to enable research. Researching data related to injuries and illnesses  can help identify and mitigate workplace safety hazards.

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accident sceneA pedestrian was seriously injured in a car accident in New York City. Lisa Bergen, a 50 year old NYPD detective was crossing the street with her partner when a minivan struck her.  The accident occurred  on Richmond Ave near Akron St. in Bulls Head, Saten Island on Sunday a little before 9:00 pm. The minivan was speeding and the 31 year-old driver hit the detective so hard that her body flipped several time in the air before landing with a loud sound. The detective was rushed to the hospital with a fractured skull. The driver stayed at the scene of the accident but wasn’t arrested. So far she hasn’t been charged. Detective Bergen who is assigned  to the 121st precinct squad was on the job at the time of the accident.

Read more in the NY Daily News

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Best Personal Injury Law Firm 2018The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, are proud to announce that for the eighth consecutive year the firm has been listed in the newly released 2018 ranking of the Best Law Firms by U.S. News and Best Lawyers®.

For New York City the firm obtained the following rankings:

  • Tier 1 in Medical Malpractice Law – Plaintiffs
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New York Personal Injury Lawyer Howard HershenhornNew York Personal Injury Attorney Christopher DonadioOur partner, NYC Personal Injury Attorney Howard Hershenhorn assisted by Christopher Donadio is representing Kyle Green in a lawsuit against rapper Travis Scott and the New York concert venue Terminal 5. 23-year-old Kyle Green was left paralyzed after he fell from a balcony during Travis Scott’s concert on April 30 at Terminal 5 in New York.

Travis Scott concerts are infamously known to be wild and the singer himself  encourages fans to stage dive and surf the crowd. During the New York concert before Green was pushed from the third floor balcony, Scott put the spot light on a fan who was attending the concert from the first floor balcony and encouraged him to jump which the fan did. He said to the fan, “They going to  catch you, don’t be scared.” (see video below). Other fans then did the same.  Shortly after, Green who was watching the concert from the third floor balcony was pushed over the railing by the surging crowd. He fell and hit the floor. Security guards immediately surrounded him and Travis yelled at them to bring the fan to the stage. Green who was in tremendous pain was lifted up, pulled around and dropped in front of the stage without using any backboard or neck brace. Then Scott gave him his ring.

Kyle Green is now in a wheelchair. He suffered serious injury that includes fractured vertebrae, a broken left wrist and fractured right ankle.  The injuries required surgery and he was left paralyzed on his left side and must get around in a wheelchair. He had to quit school and move out of his Brooklyn apartment to go live with his parents in Dutchess County.

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New York Wrongful death Attorneys Ben Rubinowitz and Peter SaghirOur New York Personal Injury Attorneys Ben Rubinowitz and Peter Saghir  recently obtained a $41.5 million Verdict for the wrongful death of a City sanitation worker who was struck by a sweeper truck.
43-year-old Steven Frosh, a City worker died on the job in 2014. He left behind a wife and 4 children aged 7 weeks, 3, 8 and 11 year-old. At the time of the accident, Mr. Frosh was in a city garage in Maspeth. He was making adjustments to his street sweeper truck when he was fatally hit by another street sweeper. He suffered excruciating pain for 2 to 3 minutes before succumbing to his injuries.
His wife, Bina Frosch, sued the City of New York for the negligence and carelessness of the worker driving the sweeper truck.
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deblasioToo many construction workers die or are getting injured on the job in New York City. A majority of fatal construction accidents occur at non unionized sites. Most of them can be prevented if workers observe basic safety rules. Unfortunately too often construction workers are not proprely trained about the dangers of working on construction sites. Many greedy contractors or developers hire cheap immigrant workers with little to no experience who get injured or even die in accidents because they haven’t been proprely trained.

To curb the recent increase of deaths on NYC construction sites,  Mayor de Blasio signed yesterday “Intro. 1447-C” a bill requiring each construction worker to attend 40 hours of safety training to be able to work at a New York construction site. “For the hard-hats in one of our city’s most dangerous jobs, this bill will help get them home to their families at night and keep the general public safe around construction sites. I want to thank Speaker Mark-Viverito and the Council for bringing this legislation into fruition and helping making our city even healthier, fairer and safer city for all.” said Mayor de Blasio in his press release.

The bill was supported by the construction workers unions but most of the contractors and the real estate industry opposed it. They argue that it would be expensive and that the timeline was impractical.  However, according to Councilman Jumaane Williams (D-Brooklyn), a sponsor of the bill, the city will provide $5 million to help pay for the training for small companies and minorities.

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New York Forklift Accident Attorney Christopher DonadioOur Construction Accident Attorney Christopher J. Donadio obtained a $1.1 million settlement in a construction accident that occurred in New Jersey.

The case involved a construction accident that occurred on April 15, 2015 on a construction site in Hackensack, New Jersey. On that date, the plaintiff,who was a worker on the job site, was struck by a large forklift, suffering injuries to his left leg and right ankle.

Due to the impact, the plaintiff was taken by ambulance to Hackensack University Medical Center. At the hospital, the plaintiff was diagnosed with fractures of his left leg and right ankle. As a result of the injuries, the plaintiff required a surgery to repair his fractured left leg, and required three surgeries on his right ankle.