Wrongful Death

Published on: December 7, 2016

Affter the death of two construction workers, the City of New York is considering changing the way it’s monitoring safety on construction sites

Last September we wrote a blog about a third of NYC construction accident deaths not being counted or investigated by the city. After Crain’s reported this continuing problem, Mayor de Blasio acted in a very nonchalant manner and brushed off the issue. Unions workers were outraged by his attitude.

Among the multiple deaths that the city didn’t count or investigate last year was the death of Alton Louis, a construction worker employed by CRV Precast. Alton Louis collapsed and died during the summer of 2015 after the subcontractor failed to implement a heat stress program and had him working a full shift during a day when the temperature reached 105 degrees. CRV precast was cited by OSHA for the death of the construction worker, but neither the NYC Department of Buildings nor the NYC Department of Investigation investigated the company. CPR was fined $6,300 by OSHA for the death of Alton Louis while the City looked the other way.

Two weeks ago, two construction workers died in Queens (see previous blog). Crain’s reported that one of these construction workers was employed by CVR Precast. The other hard hat who died worked for a firm subcontracted by CVR Precast.

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Published on: December 4, 2016

Deaths of Pedestrians and Bicyclists in New York City to date have increased from same time period in 2015

By GGCRBHS&M

More Pedestrians and Bicyclists have been killed in car accidents in NYC at this point in 2016 than in 2015. Through November 20th 124 pedestrians have been killed. 17 bicyclists have also suffered fatal injuries. For the same time period in 2015 115 pedestrians were involved in fatal accidents and 14 bicyclists were killed. Interestingly the death rate for those in cars and on motorcycles decreased this year to 61. At this point last year the number of such deaths was 73. Brian Zumhagen of Transportation Alternatives commented that these statistics indicate that the Vision Zero project is not sufficiently protecting those who are most at risk and that the City needs to fix those areas which have already been classified as hazardous Vision Zero priority locations. The stated mission of Transportation Alternatives is to promote bicycling, walking and public transit in NYC. Read more in The New York Daily News.

Published on: November 30, 2016

Police seek Driver in Fatal Hit and Run Car Accident in Bronx, NYC

By GGCRBHS&M

On November 17, 2016, Orlando Savino was hit by a four door sedan while walking across Neried Avenue at its intersection with Richardson Avenue in the Bronx, NYC. The car accident occurred at approximately 10:30 a.m. The pedestrian was found unresponsive by the police. He was pronounced dead at Jacobi Medical Center. Video at the scene depict the driver of a black Ford Fusion driving south on Richardson and turning left onto Neried where he hit Mr. Savino. He then fled the scene. Anyone with information regarding this incident is asked to call the NYPD’s Crime Stoppers Hotline at (800) 577-TIPS (8477) or (888) 57-PISTA (74782) for Spanish. Tips can also be submitted on the Crime Stoppers website at www.nypdcrimestoppers.com or by texting their tips to 274637 (CRIMES) then enter TIP577. Read more in Bronx Times.

Published on: November 28, 2016

Two Dead in Car Accident on Sunrise Highway in Brookhaven, New York

By GGCRBHS&M

At around 4:00 am Sunday morning Kevin Melgar, 23, was driving his 2004 Infiniti on Sunrise Highway against traffic. He apparently was speeding for approximately 7 miles the wrong way when he crashed into a van operated by 49-year-old Ozcan ‘John’ Ayyildiz which was proceeding the right way. Both drivers were killed as a result of the impact. According to ABC News Ayyildiz was a flower deliveryman, and was on his way to work when the wrong-way car slammed into his van. He is survived by his wife and 3 daughters. 25-year-old Johnathan Valladarez was a passenger in the Infinity. He was taken to the hospital in critical condition. While the police were investigating the accident a street sweeper drove thru the closed area of the accident striking 2 police cars. Fortunately none of the officers suffered serious injuries. The car accident is under investigation. Read more at ABC News.

Published on: November 24, 2016

Missouri Gun Shop Settles Wrongful Death Suit for $2.2M

By GGCRBHS&M

A Missouri firearm dealer that sold a gun to a mentally ill woman who shot and killed her father agreed to pay $2.2 million to settle his widow’s wrongful death case, attorneys said Tuesday. According to Janet Delana’s lawsuit, she called Odessa Gun & Pawn and told the store manager that her adult daughter, Colby Weathers, had a history of mental illness and should not be sold a gun. Delana testified that she pleaded with Odessa’s store manager, “I’m begging you. I’m begging you as a mother, if she comes in, please don’t sell her a gun.” Read More in Courthouse News Service

Published on: November 24, 2016

World’s Tallest Waterslide To Be Demolished After Boy’s Death

By GGCRBHS&M

A 17-story-high water slide in Kansas City, which is billed as the world’s tallest, is going to be torn down after a 10-year-old rider was killed in August. The ride – called Verrückt, the German word for insane — has been closed since Caleb Thomas Schwab’s death. “Once the investigation is concluded and we are given permission by the court, Verrückt will be decommissioned – closed permanently and the slide removed from the tower,” Schlitterbahn Waterparks and Resorts said in a statement Tuesday. For more information from see NPR

Published on: November 16, 2016

Hit and Run driver who recklessly struck a NYC bicyclist charged with manslaughter

By GGCRBHS&M

A man who fatally struck a bicyclist in NYC last July was arrested and charged with manslaughter. Last July Matthew Von Olen was riding his bike on Grand Street in Williamsburg, Brooklyn, when he was intentionally struck by a car. According to acting DA Eric Gonzales, the driver recklessly swerved into the bike lane and struck the bicyclist. He hit him from behind knocking him off his bike. He then drove over him and dragged him 10 to 20 feet as he was speeding away (see previous blog). The man was identified as 56 year old Juan Maldonado from South Williamsburg. He was arrested yesterday morning. He was brought to Brooklyn Supreme Court and indicted on eight counts including leaving the scene of an accident, criminally negligent homicide and second-degree manslaughter. He may be sentenced to up to 15 years in jail if convicted. 35 year old Matthew Von Holen was the founder of BikeStock and and an avid cyclist.

Read more in the Gothamist Picture source: Facebook

Published on: November 16, 2016

In the case of the death of NYC construction worker Carlos Moncayo, NYCOSH is callling for maximum sentence for Foreman Wilmer Cueva

By GGCRBHS&M

Foreman Wilmer Cueva negligent act caused the death of New York construction worker Carlos Moncayo. Wilmer Cueva, a foreman for Sky Material, an excavation company, was supervising work at a construction site located on 9th Ave in the Meatpacking District in Manhattan.

As the excavation of the site was progressing, Cueva received repeated warnings of imminent danger by an inspector. The trench that had reached 7 feet was not reinforced as it should have been. The NYC construction code requires that any trench reaching 5 feet be reinforced. Cueva ignored the warnings and the code and asked workers to continue to excavate.

The trench was 14 feet and still wasn’t reinforced when it collapsed on Carlos Moncayo. The accident was foreseeable and preventable and Wilmer Cueva acted in a criminal manner. He was was convicted of Criminally Negligent Homicide and Reckless Endangerment by a York State Supreme Court jury. He will be sentenced in December.

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Published on: November 14, 2016

Young driver fatally backs up into his grandmother

By GGCRBHS&M

A 17 year old driver accidentally killed his grandmother in a car accident in New York City on Sunday. The young man who lives in Queens with his parents and grandparents was about to take the family to church when the accident occurred. As he backed up in the narrow driveway of their home, Jadesh struck his grandmother who had stepped into the path of the car. 75 year old Chandravti Lakhan was transported to the hospital in critical condition. She couldn’t be saved. According to the neighbors, the whole family is very united. The parents and the grandparents live together with 5 children in a house located on 267th St. near 83rd Ave in Queens, NYC. It wasn’t uncommon for Jadesh to take his grandparents out. The whole family was visibly distraught by the tragedy.

Read more in the NY Daily News

Published on: November 11, 2016

Pedestrian dies in New York truck accident

By GGCRBHS&M

A woman died in a truck accident in New York last Monday. 68 year old Nuesa Marques-Diniz was crossing 42nd street between Fifth Ave and Madison Ave, in Manhattan, when she was struck by a truck. The accident occurred around 8:00 pm. The woman was a New York resident from Brazil. The truck belonged to the electrical company Hugh O’Kane Electrical Co. It was transporting two huge spool of wire. The pedestrian was crushed with the front and rear driver-side tires. She died at the scene of the accident. The truck driver stayed at the scene of the accident. He wasn’t charged. Read more in the NY Daily News

Last week Vision Zero launched a campaign to reduce pedestrian accidents after Daylight Saving Time. Recent statistics have shown that the number of pedestrian fatalities increase by 40% during the 3 months that follow Daylight Saving Time. Poorest visibility related to earlier darkness when most New Yorkers are still outside increases the risk of accidents.

The woman had just came out of the Mc Donald and was crossing the street here. Picture: courtesy of Google Map