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 Wrongful Death

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On the Christmas Eve of 2015 around 4:00 pm, 84 year old Olegario Pabon stepped in his elevator at a Bronx NYCHA development in New York City. As he was getting inside, the elevator zoomed upward trapping the man’s leg and hand and then dropping him on his head. He died from his injuries.

The deadly elevator accident was preventable. An hour and half earlier a concerned tenant of the building had called in a complaint saying “the lift is going up and down by itself with its door open and when the door closed it slams really hard”. Nobody did anything about it it and no inspector was sent to check it out.  This act of gross negligence killed Olegario Pabon.

The DOI investigation following the death of Olegario Pabon found out that the brake monitor had been disabled. According to the DOI report, it seemed like a NYCHA elevator mechanic had clipped the wires on the device and closed off the electrical connection by covering it with black electrical tape.

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teens riding with teensA recent study by the AAA Foundation found that crashes involving a teen driver with other teen passengers in the car are 515% more deadly for road users than crashes involving a teen driver with passengers older than 35.

When teens ride together in a car and they are involved in an accident the fatality rate increases by:

  • 17% for pedestrians and cyclists
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location of the deadly car accidentA man died and a woman was injured in a car crash in New York City last Friday night. According to the NY Daily News the driver of a white 2001 Nissan Sentra was driving East on Rockaway Boulevard around 10:30 pm. He was planning to make a left turn onto Guy R Brewer Boulevard. When he arrived at the intersection the left turn light was red and a tow truck operated by Onpoint Collision and Towing Services was in front of him. The tow truck driver told the News that the reckless driver went around his truck on the right and then proceeded to turn left to get onto Guy R Brewer Boulevard. In order to do so he had to cross several lanes of traffic. He was T-boned by a white BMW that slammed in the car’s door. The tow truck driver confirmed that the woman who was driving the BMW had the green light. He saw the entire accident including when the EMS arrived and pulled the driver out of his car. The emergency team tried to resuscitate him but according to the tow truck driver, the man seemed dead. He was transported to the hospital where his death was confirmed. The BMW driver was also taken to the hospital to be treated for non-life threatening injuries.

Read more in the NY Daily News

Picture: Courtesy of Google Map

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accident sceneA 30 year old pregnant woman died in a NYC crash and a teenage girl is in a coma with serious spine injury that may prevent her from walking again. On Saturday morning, 30 year old Jennifer Parisella, a farmer from Middeltown was on her way to a farmers market in the city when she rear ended a tractor-trailer on the Major Deegan Expressway near Brook Avenue around 7:00 am. The young woman who was five months into the pregnancy of her first child died at the scene of the accident.  Her two stepchildren, 14 year old Sky Mendoza and 12 year old Orlando Mendoza were also in the van. They were sitting on the back seat. A 28 year old man who was a relative of the family was in the front passenger seat. Sky Mendoza suffered critical brain and spine injury. She is still in a coma and she might never walk again. Orlando suffered a broken collarbone and the 28 year old man injured his leg.

The police are still investigating the reason of the crash. The 42 year old truck driver stayed at the scene of the accident. He wasn’t charged.

Read more in the New York Post 

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Dusk and Darness Accident PreventionThe NYPD announced last week that A NYC pedestrian died from his injuries the day after an accident that occurred in the Bronx on November 7th around 6:30 pm.  52 year old Alvaro Gutierrez was crossing Southern  Boulevard at Elsmere Place when he was struck by a minivan.  Gutierrez who was hit in the crosswalk, flew in the air and landed on the roadway. He was transported to the hospital where he died the following day. The minivan driver wasn’t charged.

Winter is the worst season for pedestrians

Statistics show that, in New York, after daylight saving time ends, pedestrian accidents increase dramatically, especially during evening hours. The months of November to March are the deadliest for New York pedestrians. To boost awareness about this situation and encourage drivers to drive safely the city has been deploying its ‘Dusk And Darkness’ Vision Zero Safety Initiative for the third consecutive year.

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pedestrianSix NYC pedestrians were killed after being hit by cars in six different accidents in Queens over the last 10 days.

On Sunday night around 6:30 pm, a 29 year old man was killed by a hit and run driver on Continental Avenue near Exeter Street in Forest Hill. Niklas Ahern from Tribeca was walking next to a female friend on Continental Avenue when a grey or silver four door sedan struck Niklas and sped off in the night leaving the young man unconscious lying on the street with trauma all over his body. The driver was found by the police on Monday. 28 year old Irving Duran was charged with leaving the scene of a fatal crash. Read more in the NY Daily News

https://www.youtube.com/watch?v=dSbIyGfb0Lc

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Home FireA woman and her dog died in a residential fire in New York City at the beginning of last week.  47 year old Dawn Greig had just borrowed a space heater from her sister Denise. Greig who lived in a two-story home on Beach 95th Street in Rockaway Beach previously told her sister that since Sandy the building’s boiler hadn’t been working proprely and she didn’t get any heat. Her sister who had a couple of  space heaters in her own house offered her one.

On Monday morning around 5:00 am, Denise who lived in a house on the same lot stopped at her sister’s place for a quick chat before heading to work. At that time everything seemed ok. The fire erupted 3 hours later. When the firefighters arrived they found Dawn unconscious on the second floor. She was rushed to the hospital but she didn’t survive. He dog also perished in the flames. The borrowed heater was found melted by the FDNY (Read more about it in the NY Daily News).

Portable heaters are responsible for an average 12,000 fires every year in the US

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New York Pedestrian Accident Lawyer Rachel JacobsNYC pedestrian accident attorney james rubinowitzTwo of our young NYC personal injury attorneys, Rachel Jacobs and James Rubinowitz, were invited last Monday night to share their skills with the students of the Cardozo Law School’s Intensive Trial Advocacy Program (ITAP). During this two-week immersion program, students are taught cutting-edge strategies for courtroom litigation under the instruction of leading jurists and lawyers from across the country. The program is a cornerstone of Cardozo’s practical skills curriculum.

Rachel and James just finished a trial during which they represented the four adult children of a 90 year old pedestrian who was fatally struck by a motor vehicle as she was crossing a street in New York City.  They presented to the students of the Intensive Trial Advocacy Program (ITAP) the opening statement and the summation that they gave to the jury at trial.

The pedestrian suffered excruciating pain and suffering before she died

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While the number of traffic fatalities is on the rise nationally, in New York, most probably because of the many Vision Zero Initiatives launched over the last five years, traffic fatalities were at their lowest during the third trimester of 2018 compared to the third trimester of the five previous years. The decline in traffic fatalities during the summer of 2018 is due to the decrease in pedestrians and cyclists fatalities while the number of motorist fatalities was at its highest since the beginning of Vision Zero.

From July 1st to September 30 2018, 59 people lost their life in NYC auto accidents compare to respectively 65, 61, 60, 76 and 82 during the same period of 2017, 2016, 2015, 2014 and 2013. It is interesting to notice that there are now as many motorists deaths as pedestrian deaths. Pedestrians used to be the category of road users the most at risk of dying in trafic accidents. However according to the most recent statistics drivers now have as much risk as pedestrians of getting killed in a traffic accident in New York City. Total traffic fatalities in New York City third trimester 2018

A record number of 16,300 people were injured in car accidents in New York City during the third trimester of 2018 compared to respectively 15,860, 16,048, 13,998, 13,472 and 14,900 during the third trimester of 2017, 2016, 2015, 2014 and 2013.  Not only in New York but all over the US, distracted driving has led to a significant increase in motorist injuries. Over the last 3 years and despite Vision Zero intense efforts to make New York City Streets safer, the number of motorists injured in car accidents in New York has been increasing tremendously.

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New York Bicycle Accident Lawyer Anthony Gair
Our NYC bicycle accident lawyers are suing the city and the Hudson River Park Trust on behalf of the families of the victims of the terror attack that took place a year ago on the West Side Highway bike path.  Our firm is representing the families of 20 victims who were among the people who were killed or injured  by a pro-ISIS terrorist who rented a truck from the Home Depot and sped down  the Greenway, a popular bike path along the Hudson River, mowing down anyone in its path.

The city’s Department of Transportation and Parks Dept as well as the Hudson River Park Trust “were on notice since at least 2007 of the numerous vehicles that were entering the Greenway,” said our partner Anthony Gair to the NY Daily News. “Nothing was done.”

Previous Transportation Alternative study ignored by the city