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 man was seriously injured in a motorcycle accident in New York City.  The motorcyclist was riding his bike South on Lefferts Boulevard near 115th Ave in Queens, NYC, Saturday around 1:00 pm when a Dodge Ram pick up truck slammed into him. The driver of the pick up truck was driving North and swerved to avoid hitting a car. The police also suspect that the motorcyclist may have been driving over the speed limit. Investigation is still ongoing. The collision was so violent that a witness who was driving several cars behind them said he saw the motorcyclist flying high into the air. The 27-year-old rider suffered trauma all over his body as well as a broken leg. Read more in the NY Daily News

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child in carLast week a bill that would help prevent kids dying from heat stroke in hot cars was introduced in Congress. Backed by several safety, health and consumer advocates, HOT CARS Act of 2017, H.R. 2801 is a bi-partisan proposal introduced by U.S. Representatives Tim Ryan (D-13th OH), Peter King (R-2nd NY) and Jan Schakowsky (D-9th IL). The  bill was launched at the same time as the National Highway Traffic Safety Administration (NHTSA) kicked  off  The National Vehicular Heatstroke Prevention Campaign. More than 700 children died in hot cars over the last 18 years. Every summer distracted parents unintentionally leave their children unattended in their car. This situation occurs mostly when the children fall asleep in the back seat and parents temporarily forget about them.

The bill that was just introduced proposes to require car manufacturers to install an alert system to remind parents that a child may still be seated in the back. A similar bill stalled in committee last year. If this bill was passed it would still take several years for changes to be implemented.

Some manufacturers however have already started to offer to options to prevent them from leaving their child in the back seat.   The company evenflo now has car seats equipped with sensors that will remind the driver that a child is in the car seat when the car engine is turned off (see video below). Many cases of children dying in hot cars have been reported after children entered a car and locked themselves in it. The new line of General Motors Acadia SUV is equipped with an alert that will go on if a back door is open before the vehicle is started.

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NYC construction workersOver the last few years, the number of construction workers dying or suffering severe injuries on the job increased dramatically in New York  City. According to the most recent statistics from the New York Committee for Occupational Safety & Health, 25 hard hats lost their life on NYC construction sites in 2015 compared to 17 in 2011. The majority of the fatal construction accidents in the city occurred on non unionized construction sites. Undocumented immigrant workers are often the most at risk of suffering catastrophic injuries or of dying in construction accidents.  One of the fundamental reasons why such a significant number of workers are dying on non unionized sites is the lack of training. Construction workers on non unionized sites are often not trained as well as unionized workers or not trained at all in some cases.

Mayor Bill de Blasio also believes that many construction accidents could be avoided if construction workers were better trained.  According to Politico, the mayor is working on a proposal to increase training for all construction workers in New York City. In the new proposal, all workers will be required to attend minimum training  of 54 to 71 hours. Supervisors will have to train an extra 30 hours on the top of the minimum requirements. Workers who are doing more dangerous tasks such as those working in confined space or workers doing work related to rigging safety, scaffolding, excavation, demolition and perimeter protection will have to attend additional training specific to their activity.

The new training rules are expected to be introduced to the City Council  in the next few weeks.

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location opf the construction accident at 688 Broadway3 construction workers were injured after a steel beam fell 12 stories on a Manhattan construction site last week. The 3 workers were working on a high-end condo development at 688 Broadway in Noho (see picture). The  condo is also marketed as “1 Great Jones Alley”. The 3 workers were hoisting a beam when it suddenly fell. The beam first hit the sidewalk shed and then fell to the ground where the workers were located.  One of them was hit in the head by the beam and was transported by ambulance to the hospital. The two others suffered minor injuries.  The NYC Department of Buildings put a stop work order on the property and issued five violations including failure to safeguard the site. The developer of the site is Madison Realty Capital.

Read more in DNA Info
Picture: courtesy of Google Map

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Daniel-Pollack-1Failing to call an expert witness in criminal child maltreatment cases can be legal malpractice that can result in a substantial likelihood of a miscarriage of justice. In  a recent article Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City analyzes when a claim of ineffective assistance of counsel may be supported in the child welfare legal arena.  To do so, Pollack uses the example of People of the State of Michigan v. Ackley (2015). In this specific case Leo Ackley was convicted by a jury of first-degree felony murder and first-degree child abuse following the death of his girlfriend’s young daughter. During the trial five medical experts testified the daughter died as the result of injuries that were caused intentionally. Ackley’s attorney didn’t call any expert to refute the prosecution expert testimony or to support the defendant’s theory of the case. Ackley’s attorney’s decision not to retain an expert witness for his client was considered by the Michigan Supreme Court  “ineffective assistance of counsel”.

Download the article here

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A NYPD officer suffered critical injury after being dragged by a car in New York City. The officer and five of his colleagues were responding to several 911 calls of shots fired in East Flatbush. The shots turned out to be fireworks going off at a private party. Officer Dalsh Veve was questioning the occupants of a black Honda Civic when the driver hit the gas and dragged the NYPD officer over two blocks. As he was dragged down the street the officer shot twice at the driver. It appeared that the car had been stolen and that the driver was a 15 year old boy. The teenage boy who was shot in the face was arrested after checking in at a nearby hospital. Officer Veve is still fighting for his life.

Read more in the NY Daily News 

 

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accident sceneTwo pedestrians suffered personal injury in two separate car accidents Sunday night in New York City.

A college student from Columbia University who was crossing Riverside Drive at the intersection of 115th Street in Manhattan was struck by a hit and run driver. The accident occurred around 12:25 am. The student who is believed to be in his twenties suffered critical head injury. He was transported to the hospital where he is still fighting for his life. Approximately 90 minutes earlier a 53-year-old male pedestrian was hit by a dark-colored sedan at the corner of E. Tremont Ave and Purdy St. in the Bronx. The pedestrian suffered two broken legs and head trauma. He was transported to the hospital. As of Today he was in stable condition. So far nobody was arrested in relation to the two crashes.

Read more in the NY Daily News 

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smallerimg_0361_007The Injury Science Research Experiences for Undergraduates (REU) program at the Center for Injury Research and Prevention (CIRP) at The Children’s Hospital of Philadelphia (CHOP)  kicked off yesterday. Every year this 10 week program sponsored by the National Science Foundation is offering to a group of  selected undergraduate students the opportunity to prepare for a career in injury science. The program is highly selective and prior to be accepted students interested in this program have to submit detailed applications on their motivations and go through an interview process.

This rigorous internship  allows each student to participate in a research project of his or her interest. Additionally each student is allocated a highly trained pediatric injury researcher as a personal mentor. This one to one mentorship program is a great opportunity for motivated students to develop their skill in injury research and have the possibility to participate in fundamental research with their mentors. Through the internship and depending on their personal interest,  students will participate in hand-on experiences in areas such as science, engineering  or statistics in the field of pediatric injury.

The idea of this program is to plant the seeds for the future and to gather a group of international motivated students that may become the future new actors in injury prevention research with a focus on youth.

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accident sceneA woman died and 3 other people suffered personal injury in a car crash in New York City early Monday. The victim was identified as 48-year-old Wazeda Banu. She was a passenger in a 2009 Nissan Sentra driven by a 51-year-old man. Another 59-year-old woman was riding with them. The trio was driving North on 164th Street near the Grand Central Parkway service road in Queens, NYC, when a 2012 Toyota Scion SUV t-boned them.  Wazeda Banu who was sitting right were the car was T-Boned was rushed to the emergency with severe chest pain. She died from her injuries at the hospital. The driver and the passenger who were riding with Wazeda Banu also suffered  injuries and were transported to the hospital. Their lives are not in danger. The 36-year-old driver of the SUV suffered minor injury and was also sent to the hospital to be treated.  The accident is still being investigated by the police.

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A worker died and another one was injured in a construction accident in Long Island, NY, last Wednesday. Edward Sinnott, an employee from the construction company Antonio and Sons, was buried to death in 15 feet of dirt. The accident occurred as the 59 year old man was standing on the top of the hole, directing the digging of a new cesspool system for a private home on Beech Place, in Hutington, NY. All of a sudden around 1pm, the cesspool collapsed, submerging Sinnott alive. Another construction worker who was standing next to him was able to survive by grabbing the bucket used to dig in the area. Crews used all types of equipment to try to find the construction worker quickly but his body was recovered  6 hours later. OSHA is now investigating the accident. The house was also reported unstable and unsafe. Read more in the Gothamist Our Partner Howard Hershenhorn recovered $3,500,000 in Suffolk County for the family of a man killed when the cesspool at his home collapsed.

 

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