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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photo__1428053_peter_saghirOur partner, NYC injury attorney Peter J. Saghir, recently obtained a verdict of 100% liability against a glass company that dropped a large glass panel on a woman’s foot as she walked on the sidewalk. On September 29, 2012, Manhisha Narwani, 28, was walking with friends on 9th Avenue at 50th Street when two workers who were replacing a glass storefront dropped a large glass panel on her left foot causing her to sustain three metatarsal fractures. She underwent surgery on two of the metatarsals and subsequent physical therapy. The glass company blamed Manisha for the happening of the accident and for failing to see the glass as it was being carried on the sidewalk. After a 5 day jury trial in New York County before Hon. Arthur F. Enforon, the jury found Manisha was free from fault and that the glass company and workers were 100% at fault for the happening of the incident. The jury awarded Manisha $300,000 for past pain and suffering and $150,000 for future pain and suffering. The top offer by the insurance company was 250,000.

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New York Personal Injury Lawyer Richard SteigmanOur partner, NY injury attorney Richard Steigman will be the chair of the “2017 CPLR Update” seminar organized by the New York State Trial Lawyers Association. The Co chair will be Judge Ariel E. Belen (Ret.), JAMS Mediator & Arbitrator, Justice, Appellate Division, Second Department. The seminar will cover all new recent developments in the field of New York Civil Practice. Participants will be updated on  the recent legislative changes and court decisions in this field.

The seminar will take place Tuesday January 24 from 6:00 to 9:00 pm at the NYSTLA Office. The address is 132, Nassau Street, Second Floor, New York, NY 10038.

To learn more about this seminar or to register please click here

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  • A 13 year old pedestrian was injured in a NYC car accident  last Thursday. Gittie Hershenbaum was waiting  for her school bus on a sidewalk when a car jumped the curb and hit her. The driver who was working for Uber, suffered a cardiac arrest and lost control of his vehicle.  The accident took place at the intersection of 55th street and 18th Ave in Borough Park, Brooklyn. A video surveillance shows the girl landing on the hood of the car after being struck by it. The impact was extremely strong. The parents told The NY Daily News that girl was probably saved by her backpack that was full of books and acted as a cushion as she landed with her back on the car. She suffered a fractured leg. The driver of the car was transported to the hospital in critical condition.

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37 pedestrians and one bicyclist were among the 50 victims who died in NYC traffic accidents last fall (September, October, November).  This is 15 less accident fatalities than in the fall of 2015,  21 less than in the fall of 2014 and 34 less than in the fall of 2013. Since 2013, the number of people dying on the road has been decreasing each fall in the city.

While less people are dying in NYC car accidents, more are getting injured. After recording a decline in 2014, the number of people injured in traffic accidents during the fall months went back up slightly in 2015  and reached its highest in 2016. 15,480 people were injured in traffic accidents in New York City during the 3-month period of September, October and November  2016 compared to 13,693 during the same period of 2015, 13,350 during the same period of 2014 and 14,449 during the same period of 2013.

The total number of motor vehicle accidents in New York City is continuing to rise as well.

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce43088photo__2573607_christopher_donadioOur NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz and Christopher J. Donadio obtained a $5 million settlement during trial involving a pedestrian injured in a van accident that occurred in Manhattan.

The case involved a New York City Department of Transportation van that struck and ran over the plaintiff on February 15, 2013 at the intersection of 6th Avenue and 31st Street in Manhattan.  The plaintiff, Hui Sang Park, was a college student on her way to class when she was hit by the van within the crosswalk. Following the collision, the driver of the van, city employee Richard Brooms, admitted to police officers at the scene that he never saw Ms. Park before he struck her and that he had no idea where she came from.

Ms. Park was taken from the scene by ambulance to New York Presbyterian Hospital. At the hospital, she was diagnosed with severe injuries including a comminuted open fracture of the tibia and fibula, a tibial plateau fracture, pelvic fractures, a sacral fracture, a right wrist fracture and a fracture to her shoulder. In addition to her fractures, while in the hospital, Ms. Park developed compartment syndrome in her lower leg, requiring an emergency fasciotomy. In addition to the fasciotomy, Ms. Park underwent multiple surgeries, which required the insertion of hardware in her leg, knee, pelvis and wrist.

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nypd-chaseAn elderly woman was injured in  a car accident in New York City on Tuesday. The accident was caused by two police officers who were chasing a robbery suspect. The police officers received a radio order to stop the pursuit but ignored it. They continued to chase the suspect on Graham Ave, a busy Williamsburg street in Brooklyn. During the pursuit, the suspect lost control of his vehicle on Myrtle Ave. He hit two police cars and jumped the curb. He struck a 71 year old woman on the sidewalk. The woman and two other police officers were injured and transported to the hospital. According to witnesses talking  to the NY Daily News, it’s a miracle that no other pedestrians were hurt.

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After a young bicyclist was struck by a car in New York City, the Court of Appeals held the city of New York liable for failing to install traffic calming measures in a street the city knew was dangerous. The Court of Appeals decision  is related to a crash between a bicyclist and a car that occurred back in 2004  on Gerritsen Avenue in Brooklyn, NYC.

On December 5 2004 around 6:30 pm, 12 year old Anthony Turturro was riding his bike on Gerritsen Avenue. At the time of the accident, Gerritsen Ave was a four lane avenue with two lanes of traffic going in each direction.  As he was attempting to cross the avenue at mid-block, the young boy was struck by a car. The driver, Louis Pascarella, was speeding. The police investigation established that when the crash occurred, the driver’s speed was 54 mph, 24 mph over the 30 mph speed limit at this location. Turturro suffered serious injury. The driver pleaded guilty  to assault in the second degree.

RECKLESS DRIVING AND SPEEDING

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Near Missed event visualized with BMI20% of  the workers who die at work are construction workers but they represent only 4% of the employed workforce in the US. Hard hats are among the workers that have the most risk of being injured or even dying on the job. Sadly, most of these accidents are preventable.

As technology develops, the construction industry has been relying more and more on Building Information Modeling (BIM) to develop its projects. BIM is used throughout the life cycle of a construction project to digitally monitor the design, the plan and the construction itself. BIM can also be used for safety management.

A recent short study published by the Center For Construction Research and Training shows how “near miss accidents” can be visualized in Building Information Modeling.  The authors of the study are Dr Eric Marks and Xu Chen from the Department of Civil, Construction and Environmental Engineering at the University of Alabama.  Dr Eric Marks recently hosted a free 30 min CPWR Webinar on this subject. The webinar can be seen here.

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accident scene3 men were struck by a minivan as they were changing a flat tire on a highway. One of them died and the two others suffered serious injury. They were expected to survive. The car accident occurred around 2:00 am this morning on a segment of the New England Thruway in the Bronx, NYC.  After one of their tires broke, 3 men in a car pulled over on a narrow shoulder of the highway. As they were changing the tire, a 52 year old man driving a minivan struck all 3 men. The driver remained at the scene of the accident. He wasn’t charged. Read more in AMNY

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84th street and York IntersectionTwo pedestrians were injured in car accidents at two dangerous intersections of the Upper East Side of Manhattan this week-end. Both accidents occurred after sunset. The first one took place at the intersection of 84th Street and York (see Google Map picture on the left) Saturday at 5:45 pm. A 76 year old lady who crossed the street against the light was struck by a car. She suffered broken bones in her face, leg and pelvis.  She was transported to the hospital in critical condition. The driver stayed at the scene of the accident and wasn’t charged. Since 2009, 7 pedestrians were injured in car accidents at this intersection.

The second accident took place at an even more dangerous intersection. 28 pedestrians were injured since 2009 at the intersection of East 86th Street and Third Ave. Another victim was hit by a car at this location on Sunday at 8:30 pm.

To prevent such accidents the city launched the Dusk and Darkness campaign to tell pedestrians and drivers about the higher risk of pedestrian accidents during the winter darkness. As part of this campaign The NYPD also increases enforcement against drivers speeding, failing to yield or being distracted while driving between 4:00 pm and 9:00 am.

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