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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brCongratulations to Ben Rubinowitz for being selected NYC Personal Injury “Lawyer of the Year”-Plaintiff 2017 by Best Lawyers in America. This is the third time that our managing partner has been selected Best Lawyer’s “Lawyer of the Year” by his peers.  Last year Ben was named New York City “Lawyer of the Year” for Product Liability Litigation  – Plaintiff 2016 and in 2013 Ben was selected by Best Lawyers as New York City Personal Injury “Lawyer of the Year”-Plaintiff.

Ben Rubinowitz started his legal career more than  30 years ago and this award is a result of his hard work and dedication to helping people who have been injured by the negligence of others. Starting as a prosecutor, Ben honed  remarkable trial skills and courtroom presence that have now become his hallmark. He then continued his career serving as a personal injury attorney and joined Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf  in 1989. In 2013 Ben replaced Robert Conason as managing partner of our firm. Ben has achieved numerous verdicts and settlements in excess of one million dollars. A few months ago, Ben and our partner Jeffrey Bloom reached a substantial confidential settlement in The Joan Rivers  medical malpractice case. Ben also represented the family of Marylin Dershowitz, a retired Manhattan Supreme Court special referee who died in a bicycle accident. Ben obtained a $4.6 million verdict for her family.  In another recent case Ben obtained a verdict of $27.5 million for a pedestrian who lost her leg after being struck by a bus.

Recognition by one’s peers is one the most meaningful forms of recognition among attorneys and Best Lawyers is considered the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that 9 of our New York Personal Injury Lawyers were listed in The Best Lawyers in America© 2017.

Marijo Adimey, Jeffrey B. Bloom, Seymour Boyers, Anthony H. Gair, Howard S. Hershenhorn, Stephen H. Mackauf, Ben B. Rubinowitz, and Richard M. Steigman were selected in the following practice areas:

Marijo Adimey, listed in Best Lawyers since 2015

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King Plaza and FlatbushA hit and run driver hit a couple crossing Flatbush Ave, killing the husband and seriously injuring the wife.  Last Thursday around  5pm Angel and Samantha Sagardia were crossing Flatbush Ave in front of the King Plaza Mall in Marine Park, Brooklyn when they were struck by a van. According to witnesses the van was speeding. He hit the woman first and then the man. The van driver didn’t slow down and continued on his way leaving the couple critically injured on the road. A side mirror from the van was also found on the street by investigators. The van was also found later on near the intersection of Rogers and Tilden Avenues in East FlatBush. The driver is still at large.  Read more in the NY Daily News

 

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rubinowitz_torganIn their recent  Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer’s ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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boy dead in water slide accidentCaleb Schwab sustained a fatal neck injury as he was riding the the “Verrückt” which is the world’s tallest water slide. The 10 year old boy was decapitated and found dead in a pool at the bottom of the slide.

The accident happened at the Schlitterbahn water park  in Kansas. The “Verrückt” which means insane in German was named the tallest water slide in the world by the Guinness Book of  World Records in 2014. The opening of the ride was delayed after tests on the 168-foot water slide had rafts flying off the slide (see video below).  When the ride finally opened the minimum age to ride it was 14 years old. However a month after the opening the age limit was removed and only the height requirement of 54 inches was kept as a limit to get on the ride.

Caleb boarded the raft with two other women who were not related to him. Both women suffered face injuries. Kelsey Friedrichsen and Josh Foster, a couple waiting  at the top of the water slide to be on the next ride told People Magazine that they saw a group of people at the bottom and a woman being treated for injury to her face. Then they saw first responders covering the body of Caleb.  “It looked like he must have somehow been ejected from his seat, bounced around between the netting and the slide and just slid down,” Friedrichsen said. “He would have fallen down without the raft. It’s kind of like a tube.” A 14 year old girl who took a ride on the “Verrückt” earlier during the day also mentioned that “toward the end of the ride the Velcro on her belt had come undone.” Investigators are still working on determining the exact cause of the accident.

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snoop Dog42 people were injured at a Snoop Dog and Wiz Khalifa concert last Fridat night in Camden NJ. The two artists were performing at the BB&T Pavillon when  a railing collapsed causing dozens of fans to fall several feet below onto the concrete (see video at the bottom). One person was critically injured and dozens of them were transported to the hospital to be treated for minor injuries such as bruises and broken bones.

Accidents at concerts and festivals are not very common however when they happen they are often catastrophic because they include a large number of people that are often intoxicated. It is the responsibility of the event organizers to make sure the venue is safe and that contingency plans are in place in case of complications.  Inadequate protection and planing can quickly lead to dramatic disasters during crowded concerts and festivals.

Here are some of the most terrifying concert accidents that happened in the past, the most deadly were due to fire accidents in venues where organizers neglected attendees safety:

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Pollack and DumasCould a child be better protected from potential injury and abuse if the CPS investigator was not randomly assigned to his or her case but specialized in that specific type of case? In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City and Gilion Dumas, a practicing attorney in Oregon focusing on cases involving child sexual abuse explain why instead of randomly assigning cases to CPS investigators children may be better protected if a specialized investigator is assigned to their case.

Download a PDF of the article here

 

 

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accident locationA 22 year old man was severely injured in a car accident in New York City. The young man was struck by a car at the intersection of Dry Harbor Road and Woodhaven Blvd in Queens (see Gooogle map picture) last Friday morning around 4:4o am. The driver who hit him never stopped and the police are still looking for him. As the victim was lying on the ground in the middle of the road, a second driver didn’t see him immediately and struck him a second time. He then dragged him under his car for a block until he realized what happened and stopped. The driver stayed at the scene of the accident and wasn’t charged. The young man was transported to the hospital in critical condition. He survived the accident and according to the NY Daily News he is now in stable condition.

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6th ave and west 19th streetA pedestrian was injured on Wednesday  in Manhattan after two cars collided and one of them careened into the woman who was crossing the street. The accident occurred around 10:00 am in Gramercy. The woman in her 40 was crossing the intersection of Avenue of the Americas and 19th street (google map picture on the left) when a yellow taxi and another car collided just next to her and one of the vehicles struck her. She was injured and bleeding according to the NY Daily News. She was transported to the hospital to be treated.

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