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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After a construction worker died and four others suffered personal injury in a construction accident in Brooklyn, NYC, in 2011, the negligent “special instructor” who failed to perform crucial safety inspections on the site of the accident had his license revoked by the New York City Department of Buildings on Friday.

Back in 2011, Steven Schneider, an engineer, was hired as a special safety inspector on the construction site of a 14-unit condo building in Brighton Beach. As part of his duties Schneider was required by the code to perform structural tests such as testing of steel and masonry construction, structural stability and underpinning of adjacent buildings. Investigations show that Schneider never performed any of these tests and therefore didn’t notice that construction workers  had improperly poured concrete on unstable steel structures. This gross negligence led to the collapse of several floors of the building.  During the accident several workers were buried in the debris. Among them was Ivan Lende, a 54 year old worker from the Ukraine who died in the accident. Four of his colleagues were injured. Investigation results also show that Schneider  was unable to provide inspection documentation at many other NYC sites where he had been hired as a safety instructor. Not only did Schneider have his license revoked by the NYC DOB but his case was also referred to the state for “further disciplinary action”.

The DOB also announced Friday the revocation of the plumbing license of Andrew Trombetta. Andrew Trombetta is a master plumber who was involved in the East Village gas explosion that killed two people and injured many others in March 2015. Andrew Trobetta rented his licensed to the unaccredited plumber who installed the illegal hook up that led to the explosion. Earlier this month he was charged with falsifying inspection reports while four other people were charged with manslaughter and criminally negligent homicide.

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A man suffered serious personal injury after a dozen bricks fell on his head in the Bronx and a tractor trailer flipped over on the George Washington Bridge yesterday night as a heavy storm ravaged the New York City Metro Area, New Jersey, Long Island, Southern Connecticut and the Lower Hudson Valley.

Strong winds with gusts over 50mph caused a tractor-trailer truck to flip over on the George Washington Bridge yesterday night a little before 10;00 pm. Thankfully nobody was injured in the truck accident. A man in the Bronx was less fortunate. As he was heading home bricks from a building fell on his head. He was seriously injured according to the NYPD. A witness said that after the accident the man could barely move and had blood all over his face. The police also investigated the possibility that the wind may have caused an entire building to collapse in the Bronx as well.

A sidewalk shed collapsed in Brooklyn.

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roy webbAfter sustaining minor injury in a car accident, a 27 year old man died during surgery at a New York Hospital.  This morning around 4:30 am Roy Webb, an employee for the catering hall Antuns in Quens Village, was driving a co-worker home. He was driving South on Laurelton Parkway when his lost control of his vehicle. He slammed into a guardrail near 130th Ave.  The car caught fire and the passenger died at the scene of the accident. The passenger suffered such bad burns that an autopsy will be required to formally identify her. The driver suffered a broken neck and was transported to Jamaica Hospital. His girlfriend and his family said that he went for a first surgery and that he woke up fine and was expected to survive. He then went for a second surgery and died during the procedure. According to the NY Daily News, the hospital told the family that his pulse dropped and that was all they could do. The family suspects that the hospital committed medical malpractice.

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new york taxi accident locationA woman suffered serious personal injury and a taxi passenger suffered head trauma after a taxi jumped the curb next to the Metropolitan Museum in Manhattan. On Sunday morning, 41 year old Melissa Bernard was walking on the 84th street sidewalk next to the Metropolitan Museum with Bowen, her two year old son. Ahead of them her husband, Adam, was pushing their one year old daughter, Colette, in a stroller. As they were walking toward Central Park, Melissa told the New York Post that she noticed a taxi driving at a high speed toward them. She grabbed her son to protect him. The taxi jumped the curb and landed on the sidewalk just between her and her husband. The taxi then hit a light pole. The light pole fell on Melissa’s back head and neck leaving her with severe injury and a possible concussion. The child was not injured. According to the Gothamist,the passenger who was in the taxi at the time of the accident also suffered head trauma.

Mohammad Miah, the cab driver told the police that he tried to avoid another taxi who had cut him off. Mohamad said the other taxi was driving in the bus lane. He didn’t stop after the accident. The police are still investigating the causes of the accident. No citations have been issued so far. Pictures from the New York post show that surveillance video cameras were located at the the site of the accident. They should help the police determine exactly what happened.

The picture on the left  is from Google Map. It shows the location of the accident. Visitors to the Metropolitan Museum and families heading to Central Park make this intersection a very busy spot. The taxi jumped the curb and landed against the fence of the Metropolitan Museum to the left of where the pedestrian with the red shirt is located on the picture.

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New York personal injury attorney Stuart Schlesinger won $875,000 in a medical malpractice lawsuit for a client but the client never saw the money. Margaret Last, a a former executive assistant turned to attorney Stuart Schlesinger after a treatment from a podiatrist left her in so much pain that she had to start using a wheelchair or a cane to get around. She was relieved after Stuart Schlesinger was able to win $875,000 in a medical malpractice lawsuit against the podiatrist. However a year after, Margaret Last still hasn’t received any of her money according to a lawsuit that she filed against Schlesinger.

It is not the first time that Schlesinger has committed legal malpractice. He was arrested in December for defrauding clients of over $3 Million dollars in settlement proceeds.

The conduct of this NYC personal injury attorney is a disgrace to our entire profession. This is exactly what a lawyer should not be. Most of the lawyers who practice in the personal injury field, as we do, put their clients interest first and work to serve their needs. The fact that a lawyer could steal a seriously injured person’s money is unacceptable. The harshest possible sentence should be handed down against Stuart Schlesinger because he broke the most basic bond of trust between lawyer and client.

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Running injuries are unfortunately extremely common. Over a full year, an estimated 90% of runners will temporarily stop training because they have been inured. It is not very clear why runners are getting injured. Some blame it on their new shoes, others on excessive body weight or some believe they were injured because they increase mileage too fast. It is difficult to clinically determine the exact cause of the high rate of injuries among runners.

A study published in the British Journal of Sport Medicine recently looked at pounding or impact loading. The researchers recruited 249 females who were experienced recreational runners. They studied their injury history  and used technical devices to determine their impact load. The researchers discovered that 21  runners had never been injured before the study and weren’t injured either during the two years observation time. This small group of non injured runners was compared to the group of runners who suffered the most serious injuries. They discovered that the never injured runners were landing much more lightly on their feet than the badly injured runners. One of the doctor mentioned being amazed by one of the woman they studied and who had one of the lowest impact landings. He said: “When you watched her run, it was like seeing an insect running across water. It was beautiful.” The woman ran several marathons and never sustained any injury.

If your are an avid runner, next time you are training try to make a conscious effort to land more lightly to avoid potential injuries. Doctors involved in the study also recommend landing closer to the mid-foot instead of on the heel. It may help soften the landing. You may also consider increasing the number of steps you take per minute. Smaller but faster steps are better. The study also demonstrated that increasing the cadence may reduce the impact loading. Imagine that you are walking over eggshells.

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Hudson and LaighA bicyclist was critically injured after he collided with a truck in New York last Thursday. The accident happened at the intersection of Hudson Street and Laight Street in Tribeca around 6:40 pm. The 50 year old bike-rider was pedaling North on Hudson Street when he collided with a crane truck driving West on Laight Street. The crane truck is owned by the company “Service Sign Erectors”. The driver stayed at the scene of the accident. According to the NY Daily News the bicyclist ran the red light. The accident is being investigated by the NYPD Collision Investigation Squad.

Picture of the intersection: Google Map

 

 

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Kids_at_daycareIn New York City, too many kids are seriously injured or even die every year because their day caregivers ignore safety regulations and break laws according to a special investigation that is being published Today in the New York Daily News. The newspaper investigated the 11,513 licensed day care centers in the city and found that “The New York City day care system is plagued with terrifying overcrowding and lack of oversight, putting the lives of children across the city in danger.” Over the last 3 years, five children died, 8 suffered serious personal injury in New York day care centers. Additionally 9 kids were reported lost while under the supervision of day care staff.  Adding to the danger are  also the increasing number of illegal day care centers which are operating out of apartments and houses without any license.

According to New York State Law a caregiver can not take care more than 6 children. However because care givers are paid by child most of them ignore this rule and put money ahead of child safety.  Hundreds of complaints related to overcrowding are being filed every year.  Kids don’t have enough space to sleep. They are getting injured because they are not proprely supervised or get lost in parks and play grounds.

According to the investigation, even though the number of negligent day care centers that are being shut down by the city nearly tripled between 2011 and 2015, some day care centers that previously committed gross negligence are still in operation. For example Kathy’s Day Care in Elmhurst, Queens had a special needs child leave the facility without being noticed. The child was found wandering in the middle of Junction Boulevard by a car driver who luckily was able to break in time to avoid hitting him. Kathy received a citation but still continues to operate. Would you feel comfortable leaving your child there?

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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “In crafting the cross of a witness, the trial lawyer must look beyond the obvious. Instead of just focusing on what was said, the trial lawyer should explore that which was not said, but should have been said. These omissions and failures often lead to the most compelling arguments on summation. The problem is that most lawyers are fearful of the unknown.”

Download a pdf of the article

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A NYC bus crashed in a snowstorm injuring more than 30 yesterday. The bus which had left New York in the morning was driving 55 passengers to the Mohegan Sun Casino.  Around half past noon, the bus was driving through a snowstorm on  Interstate 95 in Connecticut when it flipped over just beyond Exit 61. Ambulances were immediately dispatched to the scene and passengers injured were transported to several hospitals in the region. Among the injured passengers, 6 were listed in critical condition.

So far it is difficult to know if only the bad weather triggered the bus to flip on its side. The police are still investigating the cause of the accident. The highway was closed to the traffic for many hours.

The bus belongs to Dahlia Travel and Tour, a New York City based bus operator. Yeserday’s accident happened 13 years after a Dahlia bus on its way to Atlantic City crashed on the highway, killing two people and injuring many.

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