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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The family of Sary Mao, a Khmer-speaking Cambodian refugee, is seeking justice and closure after her body went undiscovered for five days following her tragic death due to a heart attack. The incident occurred at Montefiore’s Family Health Center in The Bronx, NYC.

As medical malpractice attorneys, our professional focus is on advocating for individuals suffering from medical negligence. The recent incident at Montefiore’s Family Health Center in The Bronx, where the body of Sary Mao went undiscovered for five days following her heart attack, resonates deeply with the issues we encounter in our work

In any medical malpractice case, the concept of the “duty of care” is fundamental

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Imagine the unthinkable pain of losing a child in a tragic school bus accident, only to later discover that the school had chosen a bus company listed as “unacceptable” by state authorities. The shock, anger, and heartbreak that follow such a revelation are unimaginable. In the wake of the recent Orange County, New York bus crash involving Regency Transportation, grieving parents are left grappling with this devastating truth, questioning the choices made by the educational institutions responsible for their children’s safety.

Bus operators on the state’s list of unacceptable operators may still continue to operate, but they face heightened scrutiny and more rigorous inspections from state authorities. This added level of oversight is designed to ensure the safety of passengers and prevent further accidents. The bus involved in the tragic crash had recently been acquired by Regency Transportation in the summer. Surprisingly, the New York Department of Transportation had already inspected it twice before the accident occurred. Both inspections resulted in a passing grade, indicating that the bus met the necessary safety standards. However, this does not tell the whole story.

History of Failed Inspections

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The Brooklyn NYC intersection where the bus collided with the cyclistA school bus and a 44-year-old bicyclist were both traveling in the same direction along Fort Hamilton Parkway when the bus made a right turn onto 41st Street, resulting in the back of the bus striking the cyclist. Despite the immediate response of the bus driver, the bicyclist succumbed to his injuries, leaving behind a grieving family and a community in shock.

Local residents and witnesses to the accident expressed their condolences for the victim’s family and voiced their concerns about the safety of this particular intersection. They highlighted the area’s reputation as a busy and potentially dangerous spot for both cyclists and motorists alike. Instances like this underscore the urgency of addressing safety concerns on our roads.

In the aftermath of such a tragic incident, investigations are launched to determine the exact cause of the collision. Bicycle accident lawyers play a pivotal role in assisting victims and their families during this challenging time. They:

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accident sceneA bus carrying 40 students from Farmingdale High School and four adults tumbled down a 50-foot ravine on Interstate 84 in Orange County, New York. The accident resulted in the tragic deaths of Gina Pellettiere, 43, and Beatrice Ferrari, 77. Additionally, several students sustained serious injuries, with five in critical condition. More than 40 individuals were injured in total.

Preliminary information suggests that a failure of a front tire may have contributed to the accident. However, a comprehensive investigation is underway to determine the exact causes and identify potential liabilities. In cases like this, multiple parties may be held responsible, including the bus company, the driver, and even the tire manufacturer if a defective tire is found to be a contributing factor.

How Can a Bus Accident Lawyer Help?

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A child died, and 3 others suffered personal injury including one who is in critical condition and two others who are still hospitalized after they ingested Fentanyl at El Divino Nino Daycare in the Bronx.

A Bronx daycare center operator and a man living with her are now facing murder charges following the tragic death of 1-year-old Nicholas Feliz-Dominici. The child’s passing has prompted not only grief but also profound questions about the city’s oversight and regulation of daycare centers. Investigators suspect that Nicholas lost his life due to exposure to the lethal opioid fentanyl, raising concerns about childcare safety and the effectiveness of regulatory checks.

Grei Mendez, a 36-year-old, owns El Divino Nino Day Care, located on Morris Ave. near E. 196th St. in Fordham Manor. Carlisto Acevedo Brito, aged 41, is the man who resided with her. Both individuals have been charged with a slew of serious offenses, including murder, criminal possession of a narcotic, and endangering the welfare of a child. These accusations cast a pall over this harrowing case.

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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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location of the deadly crash in Queens, NYCA grandfather was killed and his wife and two grandchildren were seriously injured in a car accident in New York City after a driver lost control of his vehicle and plowed into their parked car. The driver who remained at the scene has so far not been charged.

67-year-old Sam Amorese and his wife were in the process of getting their two young grandchildren, aged 1 and 5, out of their white Honda SUV. They were near their home on 73rd Avenue.  Their car was parked in a spot well-known to locals as a danger zone. This area had earned a notorious reputation as the “dead man’s curve.” It was notorious for being a high-risk location due to speeding cars, a concern that residents had repeatedly voiced.

A 39-year-old driver of a Nissan Pathfinder, coming around the corner, slammed into the Amorese family’s parked SUV. The impact was devastating. Witnesses describe the horrifying scene: the baby was ejected from the backseat of the SUV, and Mr. Amorese was pinned between his vehicle and another car.

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the dangerous intersection Eastern Parkway and SchenectadyFour lives were lost in three separate collisions in a single day in New York City.

On Sunday, the Staten Island Expressway bore witness to a horrific crash that claimed the lives of two young women, Jianna Pischetola and Gabriella Shammas, both aged just 22. The fiery collision left their Chevrolet Corvette unrecognizable, underscoring the devastating impact of the accident.

Earlier in the day, a motorcyclist lost his life in another tragic incident on Staten Island. The 29-year-old rider collided with a Dodge Ram as the truck was turning left onto 10th Street from New Dorp Lane. The motorcycle attempted to pass the truck on the left side, resulting in a fatal collision. The severity of the head trauma sustained by the rider resulted in his being pronounced dead at the scene.

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Long Island, NY, has seen a record number of fatal crashes in AugustIn August alone, more than 30 traffic accident fatalities were recorded on Long Island roads. September started badly as well, with two pedestrian deaths occurring over the weekend. On Saturday night around 11:00 pm, 50 year old Christopher Briscoe was killed by a 28 year old driver as he was attempting to cross Montauk Highway. The driver wasn’t charged as no criminality was suspected. A day later, 47 year old Santos Aguirre was struck by two hit and run drivers in Amityville. One of them, 26 year old Danielle Lapersonerie was driving intoxicated and was caught by the police shortly after the accident. The other driver is still at large.

Janine Logan of the group Walk Safe Long Island aptly describes the situation as a “silent epidemic” because it happens far too often. Over the past three years in Nassau and Suffolk counties, 515 people have been hit and injured while walking or biking.

Many of these accidents involve elderly individuals attempting to cross the road, often when vehicles are making left-hand turns. Additionally, joggers face significant risks, especially in areas lacking sidewalks. The recent tragic case of Ilyona Kaydanov, a 22-year-old ballroom dancer from Commack, who was hit and killed while jogging, serves as a stark reminder of the dangers pedestrians and cyclists face daily. Her family’s grief is compounded by the fact that the driver responsible has not been charged.