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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imageA drunk off duty cop killed a pedestrian and injured 3 others in Brooklyn, NYC, Sunday around 3:00 am.  21 year old Andrew Esquivel (photo ), a MIT student interning in New York for the summer , was walking home when he was hit by an out of control car that jumped the curb. Another man and two other women were seriously injured in the accident. The driver of the car was off duty NYPD Officer Nicholas Batka who was allegedly drunk but refused a breathalyzer test. He was charged with vehicular manslaughter, three counts of assault, driving while intoxicated, driving with impaired ability and driving on a sidewalk. Read more in the NY Daily News 

 

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A man was seriously injured after a piece of plywood from a security fence at a  construction site fell on him. The man was walking on the sidewalk at the South East  corner of 30th St. and Fifth Avenue in NYC yesterday around 4 PM when the accident happened. An 8 feet long piece of plywood that was not properly secured fell on him, knocking him down to the ground. He was transported to the hospital in serious condition.  See video below for more.

A similar accident happened in the West Village at the beginning of the year. A woman who was passing by was killed by a piece of plywood that detached from a construction site security fence. See previous blog 

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A man in his 70s suffered serious injury after being struck by a tractor-trailer truck in Queens, NYC. The man was crossing Jamaica Ave. near 168th Street around noon when he was hit by a dairy truck. His legs got pinned under the wheels and were severely mangled. An airbag was used by the first responders to lift the wheel from the man’s leg. He was then transported to the hospital. The pedestrian suffered massive leg injury but he was expected to survive. The truck driver who stayed at the scene of the accident wasn’t charged.

Read more in the NY Daily News

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20 people died and dozens suffered personal injury  after two trains collided  head-on on a single track. The accident took place in Corato, near Bari  in Italy. The two trains that collided belong to a local private rail company, Ferrotramviaria SpA. The company operates around 20 electrical trains in the region. It connects Bari, the capital of Puglia with regional towns to the north and the airport, operating about 20 small electric trains. It serves mostly students and commuters.

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An eight year old boy died from his injuries after  accidentally drowning in the swimming pool of a cruise ship  that had just left New  York and was heading to the  Caribbeans.  Prince Andepoju from Maryland,  was a passenger abroad the Royal Caribbean’s Anthem of the Seas that had just left  the city on June 30. The cruise ship was on the New Jersey coast when the young boy was found in the pool. He was alive but was critically injured. He was transported to Staten Island University hospital where he died on July 2nd.  The boy was struggling in the pool for 8 to 10 minutes until someone found him.  According to the city Medical Examiner, he  died from accidental  drowning. Seizure disorders were also a contributing factor in the death of the young boy, the Medical Examiner added.

Read more in the NY Daily News

 

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crashIGA driver died and a pedestrian was injured in a NYC car accident involving a cell phone thief who was involved in a high-speed chase by the police. After allegedly steeling a cell phone at the Queens Village Auto Body shop on Hempstead Avenue, 51 year old Derrick Perkins fled in his BMW. The police were alerted about the theft and Perkins was identified by plainclothes officers in an unmarked car. The police officers tried to stop his car but the man fled. A chase followed. At the intersection of 225th Street and Linden Boulevard, the suspect ran a red light and hit a car.  The impact was so strong that the car careened onto the sidewalk striking a 29 year old pedestrian. The pedestrian suffered a leg injury and was transported to the hospital. The innocent car driver 78-year-old Roxina Clayton was killed in the accident.

The NYPD Patrol Guide states, “Department Policy requies that a vehicle pursuit be terminated whenever the risks to uniformed members of the service and the public outweigh the danger to the community if  suspect is not immediately apprehended.” Among the factors to be considered is the nature of the offence.

Read more in the Gothamist .

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A 42 year old woman suffered serious hand injury while playing with pyrotechnics in New York City,  the night before July 4th.  According to the police, she may have lost one or two fingers. The accident happened in Flatbush, Brooklyn around 5:00 am.  The woman was transported to the ER to be treated. Read more in the NY Daily News

 According to the CPSC, firework accidents kill an average  of 7 people every year in the US.  In its recently published 2015 fireworks annual report the CPSC reported 11 deaths related to firework accidents last year. 9 of them were related to re-loadable aerial devices and 2 of them to homemade fireworks. An estimated 11,900 people were brought to the ER last year in the US after they injured themselves when handling fireworks. Among them 8,000 were injured between June 29th and July 29th.  61%,of the patients treated in the ER for fireworks injuries were male patients with many of them young adults and children. Sparklers caused 1,900 injuries, firecrackers 1,200 and bottle rockets 800.  Most injuries were burn injuries. A third of the injuries were hand and finger injuries, a quarter of them were head, face and ear injuries. Eyes injuries account for 16%, legs 15% and arms 4%. 85% of the patients treated for fireworks injuries didn’t require hospitalization.

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A few days after a NYC toddler died by falling from a window, another one injured himself badly in a similar manner. The 5 year old boy fell from the 5th floor of a 6-story building and miraculously survived. The New York Daily News reported that something may have broken the fall and saved the boy.

The apartment where the boy was living had no window guards. In New  York City,  family’s with young children must have their apartment protected with window guards. It’s the law. The building owner is responsible to make sure that any of the apartments where a family with young children lives has window guards installed.

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dementia-595638_960_720A New York City nursing home security guard punched an 83 year old woman suffering from Alzheimer’s in the face. 55 year old Michael Adagba was working as a security guard at the Vanderbilt Nursing Home on Castleton Ave. in Tompkinsville, Staten Island last Friday. Around 7:30 p.m. an 83 year old Alzheimer’s patient tried to exit the building.  Exit seeking is a type of wandering that is common among patients suffering from Alzheimer’s. Often the patient is trying to return to a secure place, a home, a family or a workplace. Nursing home staff including security guards are taught to address this type of wandering in a peaceful way . They are supposed to be trained to talk to wandering patients in a friendly way, to make them feel secure.   The Alzheimer’s Association recommends that staff  listen to the reasons why a patient wants to exit and not contradict him or her but propose to go out a little later and then find a way to distract the patient. It seems like Michael Adagba didn’t have much training or experience in working with Alzheimer’s patients. So instead of trying to calm down the 83 year old patient and talking to her in a friendly way, he just punched her in the face. The poor woman suffered swelling and bruises on her face, head and body . Micheal Adagba is facing charges of felony and misdemeanor assault and harassment.

Read more in the NY Daily News

Picture: courtesy of Pixabay

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NYPD3 NYPD officers were injured in a car crash in New York City. The three cops were driving in an unmarked car on  Linden Blvd. near Sutphin Blvd. in South Jamaica, Queens. They were responding to a shooting and they had the lights and sirens on. On a nearby street 25 year old Edward Howard was driving his car while smoking a joint. He made a left turn on Linden Blvd at the same time the police car was crossing the intersection and he T-boned the police car.

The impact was so strong that the police car  careened into another parked car. The 3 cops  suffered personal injury  and were transported to the hospital. The stoned driver had watery eyes and an unfinished joint was found in the car’s cup holder.

Read more in the NY Daily News

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