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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ocation of the cab bicycle accident in New YorkA cyclist who was hit by a cab in New York nine days ago has died from his injuries. On April 16th, 42-year-old Amaury Pena was riding his bike on East 39th Street by the exit of the Midtown tunnel. He was hit by a taxi heading North on Tunnel Exit. According to the NY Daily News the bicyclist was riding against the light when he was struck by the taxi driver around 8:20 am. The man was transported to the hospital with severe injuries. He suffered for 9 days before succumbing to his injuries on Wednesday. The taxi driver stayed at the scene of the accident and wasn’t charged.

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A young pedestrian died after being struck by a van on a Bronx sidewalk in New York City. 8 year old Cellou Diallo was part of a group of children that just came out of a van  that had parked on East 125th Street in Williamsbridge . As they were on the sidewalk with the driver, one of the kids noticed that one of the van’s wheels was on the curb. The driver asked the kids to wait on the sidewalk while she got back in the car and tried to proprely park. As she was maneuvering, she lost control of the vehicle while backing up and pinned 8 year old Cellou Diallo against the wall of the adjacent building. She got out of the vehicle screaming  “I killed a mother’s baby, I killed someone’s baby.”She was devastated and crying. The other children were horrified. The woman was a close friend and neighbors of Cellou’s parents. The two families would take turns driving the kids to after school programs. Cellou Diallo came from the same family as Amadou Diallo who was wrongfully killed by the NYPD. Our firm represented his mother.

Read more in the NY Daily News

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location of truck and bicycle accident on Webster AveA cyclist died after he was hit by a truck that never stopped. The accident occurred at the intersection of Webster Ave and the ramp of the Cross Bronx Expressway in the Tremont section of the Bronx.  The bicyclist was riding to the right side of  a white box truck when the truck made a right turn to get on the expressway ramp.  The truck hit the cyclist but never stopped. He just continued on his way onto the ramp and headed south toward I-95 New Jersey.  According to witnesses the cyclist who was in his twenties was knocked off his bicycle. He was rushed to the hospital but he couldn’t be saved. He died there from his injuries.

Sparse and dangerous unprotected bike lanes offer little protection to Bronx Bicyclists

Too little is being done in the Bronx  to prevent bicycle accidents. Webster Avenue was redesigned in 2012 to implement “Select Bus Service” but  bike lanesSouth Bike Lane Gand Concourse implementation were not part of this re-design.

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Marty Martinez plane crash picturesA woman died in a plane accident. 43 year old Jennifer Riordan, a mother of two and a Wells Fargo bank executive was sitting in a plane that just took off from Laguardia airport when one of the engines exploded.

Shrapnel blew out the window where she was sitting nearly sucking her out of the plane. Passengers struggled to pull her back while others tried to stuff clothes to fill the holes.  As the plane was quickly loosing altitude, pilots prepared for an emergency landing in Philadelphia. Terrorized passengers had to use their oxygen masks to be able to breath. The whole scene was completely chaotic with passengers screaming and flight attendants breaking into tears.  A nurse who was on the plane gave CPR to the injured passenger. She was rushed to the hospital after the plain landed. Unfortunately she couldn’t be saved and later on died from her injuries.

Operated by Southwest Airline, the aircraft that was originally heading to Dallas reported the accident as it was 32,000 feet in the air.  Southwest is operating 3500 flights every year. It is the first time that a passenger was killed in a flight accident since the airline started  51 years ago.  The plane was visually inspected on Sunday and no problems were detected.

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Two women died after their home caught fire in Queens, NYC.  The two women were an elderly mother and her daughter living on Wheatley Street in Far Rockaway.  The two women had been living in the house for 20 years. The mother was around eighty years old. Her daughter was a nurse. The fire erupted around 4:00 am on Monday and quickly spread throughout the house.  More than a hundred firemen were called to the rescue to fight the blaze. According to witnesses the fire spread so fast that they had great difficulties to get to the victims. When they finally were able to get them out they were rushed to the hospital but it was too late. They both died. Investigation is ongoing to determine what caused the fire.

Read more in the NY Daily News

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even Hills School Hillsdale campus from aboveA teenager died after being crushed by a defective car seat after making two agonizing phone calls to 911. Sixteen year old Kyle Plush was in his van, a Honda Odissey, on the parking lot of the Seven Hills School – Illsdale Campus in Madisonville, OH when the second-row seat accidentally tipped forward slowly crushing the young man to death. 46 people previously reported minor injuries for a similar issue and Honda issued a recall of this model last year to fix the problem.

“I probably don’t have much time left, so tell my mom that I love her if I die,”

As the seat was crushing him, Kyle picked up his cell phone and called 911 begging for help. He told the operator he was at “Seven Hills” but she couldn’t understand where it was. He made a second call and told the operator “I probably don’t have much time left, so tell my mom that I love her if I die,” he said. “I’m trapped inside my gold Honda Odyssey van. In the (inaudible) parking lot of Seven Hills Hillsdale. Send officers immediately. I’m almost dead.”

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New-York-Construction-Site-1-e1523363525354More than two years ago,  our client Rebecca Wichs lost her husband in a crane accident in downtown Manhattan. David Wichs was crossing the street when he was fatally struck by a collapsing crane.  That day, despite heavy snow and winds, the City didn’t order crane operators to lower and secure their cranes.  Now when the winds are above 30 mph, all crane operators in New York City are required by law to stop their operations. Last Wednesday, as winds were unusually strong, the DOB made surprise crane inspections all around the city.

All big cranes installed in the five boroughs are now required to be equipped with an operating wind measuring device.  When the device indicates that winds are above 30 mph, operators are required by law to cease all operations.  If they don’t, they can face up to a $25,000 personal fine for violation.

It is difficult for the only 12 DOB crane inspectors to be able to check the 300 cranes installed across New York City but when it is necessary, the DOB brings in additional inspectors from other parts of the agency. Despite the limited number of resources the DOB has increased the number of violations for unsafe crane operations over the recent years. They went from 4000 five years ago to 8000 last year. The DOB also indicates that since the 2016 accident, crane operators don’t usually take risks when the weather turns bad.

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accident sceneA young couple died and 5 other people suffered serious injury in a car accident involving 5 vehicles early Thursday morning in New York City.  So far the investigators are still trying to figure out what exactly caused the five-car chain reaction crash.

The accident occurred between 1:00 am and 2:00 am  on the Nassau Expressway in Inwood.  The massive collision left debris of car parts, oil and gasoline over 800 feet on the highway. According to the police one of the cars’engines went out of the vehicle.

The young couple was identified by the police as 21-year-old Yisroel Levin, of Brooklyn, and 20-year-old Elisheva Basya Kaplan, of Far Rockaway.  They got trapped in their car as it burst on fire. The two of them got engaged last week and were set to be married over the summer.

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location of the fatal pedestrian accident BK NYCThe investigation is still ongoing in the NYC car accident during which Dorothy Burns drove into a group of pedestrians and killed two young children on March 5th. According to a new article in the NY Daily News, a medical crew was dispatched to Burns’ apartment on March 2nd after receiving a call about a cardiac condition. It wasn’t the first time that emergency responders showed up at this address. Investigators found that they were previously called to the rescue for cardiac condition on December 22nd and November 19th.  The health of Dorothy Burns had deteriorated so much at the beginning of the year that she had to ask for a medical leave from her job in January. She didn’t return until February after she received a medical clearance. The investigators are now trying to find out if the doctors told Burns she had to stop driving because of her condition. The woman who suffers from multiple sclerosis had a seizure before crashing into a group of pedestrians who were crossing the road in Park Slope. Two young children died and three other people were injured in the accident (see previous blog) 

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Speed_cameras1Dorothy Burns, the woman who killed two children and sent their mothers to the hospital after going through a red light, had a history of reckless driving. She was caught four times for running a red light and four other times for speeding in school zones. However she was still able to drive around the city.

In Today’s editorial, the New York Daily News is pointing out several cases of dangerous drivers who have been caught multiple times endangering pedestrians lives but still have their driving licence.

Drivers who are being caught by speed or red-light cameras only risk a $50 fine in New York City. There are no other consequences whatever the number of times they are caught doing it. The Daily News found out that a dozen drivers have accumulated more than 45 tickets each and are still able to drive in the city.  Privacy Laws prevented the Daily News from obtaining the names of these drivers. However they found out that the same car in Queens got 74 tickets for speeding in school zone and 1 for going through a red light.  A white van got 59 speeding tickets and 7 red light violations. Two livery cars with TLC licenses  had a total of 22 red light violations and 25 speeding tickets.

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