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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3 year old Mariam Dansoko was killed in a car accident in New York at the beginning of the week. Mariam was crossing the street with her mom who was pushing her brother in a stroller. All 3 pedestrians were in the crosswalk when a car made a left turn and fatally hit the little girl who was right behind her mom. According to Streetblog, despite evidence that the driver didn’t yield the right of way, he hasn’t been charged yet. The accident occurred in the Bronx. The car was travelling on Gerard Avenue and made a left turn onto E. 164th Street when it struck the toddler. According to witnesses the driver of the car was going too fast.

Read more in Streetblog

Picture, courtesy of Goggle Map, shows where the car was turning from and the location of the accident

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New York Wrongful Death Lawyer Howard HershenhornThe widow of David Wichs who was killed by a crane that collapsed on a New York Street (see previous post) is intending to sue the City for $600M. Rebecca Wichs who is represented by our partner, New York crane accident attorney Howard Hershenhorn, filed a notice of claim last week with the New York City Comptroller. Her husband David Wichs was walking on Worth Street, in downtown Manhattan, when a crane fell in the street and killed him. Rebecca Wichs is seeking $550 for wrongful death, $25 million for conscious pain and suffering and $25 million for loss of services.

Rebecca Wichs claims that The City was negligent in the manner in which they supervised the construction site.  It is also claimed The City failed to proprely consider the weather conditions in their decision making process. Knowing about the heavy snow and winds that were forecast for that day, The City should have ordered the lowering and securing of the crane the day before the collapse.

Read more in the New York Law Journal and on CBS News

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During the summer, there are between 500 and 700 bicycle accidents  in New York City every month. Most of them will result in injuries and an average 2 to 3 bicyclists will die in these accidents. Bicyclists who wear a helmet reduce their chance of death or serious injury in an accident by 85% according to recent studies.  In New York State the law makes it mandatory for bicyclists under 13 years old to wear a helmet. Adults are not required by law to wear a helmet but are highly encouraged to do so especially if they are riding in the congested streets of the city.

From April to the end of October 2016 the NYC Department of Transportation is organizing giveaways and helmet-fitting events across the city.  23,000 free helmets will be distributed to New Yorkers during these events. One of them took place last week at the Brooklyn Public Library (see NY Daily News).  Saturday, May 14th, a free helmet fitting and distribution event took place at St. Catherine ‘s Park, 1245 1st Ave in Manhattan. Another distribution of helmets took place on Sunday May 15th in Brooklyn during the Bike Bonanza event. During this event, families were invited to participate in free fun activities and get free helmets. For more free helmet events check here.

Bicycle accidents injuries deaths NYC February 2016

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Our partners, New York Medical Malpractice Lawyers Ben Rubinowitz and Jeffrey Bloom appeared this morning on Good Morning America to discuss the settlement that they reached in the Joan Rivers malpractice case. See video below

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jbbr
Our law firm is pleased to announce that our attorneys Jeffrey Bloom and Ben Rubinowitz were successful in resolving the Joan Rivers Medical Malpractice case on behalf of her family. The amount is confidential.

Here is the statement from Melissa Rivers in regards to this settlement:

“In accepting this settlement, I am able to put the legal aspects of my mother’s death behind me and ensure that those culpable for her death have accepted responsibility for their actions quickly and without equivocation.  Moving forward, my focus will be to ensure that no one ever has to go through what my mother, Cooper and I went through and I will work towards ensuring higher safety standards in out-patient surgical clinics. I want to express my personal gratitude to my legal team for their wise counsel and prompt resolution of this case. ”

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Heather29 year old Heather Lough died from critical injuries sustained after she was struck by a truck while riding her bike in Brooklyn, NYC. The young woman had just been hired to work at the Brooklyn Botanical Gardens and was on her way to work when the accident happened.  Heater was coming out of the Metro North station and was riding her bicycle on Southern Boulevard when she was hit by a truck making a left turn at high speed. The bicyclist got stuck under the wheels and she was dragged for some distance under the truck until the driver stopped.  She was taken to the hospital in critical condition where she died from her injuries after five days of pain and suffering. The truck driver, 45 year old Robert Owens from Upper Manhattan was charged with reckless driving and failure to yield.

Heather’s best friend set up a fundraiser to pay for a natural burial near her family in Washington State. If you wish you can donate here.

The picture is from the fundraising page

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NYC fatal bicycle accidentA bicyclist was struck and killed by a reckless driver in New York City yesterday night. The 26 year old driver of a Honda Sedan was caught on a surveillance camera recklessly speeding on Brooklyn streets moments before the accident. Witnesses told CBS news that they saw the car speeding on Avenue P and blowing two red lights. At the second light the reckless driver collided with a car that was crossing the intersection with the green light. The impact was so strong that the two cars careened away into a nearby bicyclist who got pinned under one of them. Witnesses ran to the scene of the accident and lifted the car to liberate the bicyclist but he couldn’t be saved and died from his injuries. Firefighters had to cut one of the cars in half to free the driver. Both car drivers only suffered minor injuries. The reckless driver is now in police custody and he is facing criminal charges.

Picture source: courtesy of New York Rescue Response Team on Twitter

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Construction_worker_harnessFalls are the leading cause of death in construction accidents in New York and in the U.S. Some of them are caused by inadequate safety measures while others occur even though all OSHA safety measures were followed by the construction workers.

Steelworkers for example are allowed to to work up to a height of 25 feet without the use of a safety harness. OSHA rules also permit construction workers climbing a scaffold to unhook their attachment and hook it again to a higher tie-off point as they ascend.

Some contractors in New York believe OSHA rules are not strict enough and require all their workers to use a harness when they work 6 feet and higher above the ground. Some NY construction companies also require that workers climbing scaffolds use two harnesses so they are constantly hooked onto something and protected. Gilbane Building is among the contractors in New York that require all workers to follow these two rules.

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A pedestrian died in NYC after being struck by a car that drove over him and didn’t stop. Sunday morning around 2:30 am, 43 year old Doodnach Lalcahn started to cross the intersection of 115th Ave and 131st Street in Ozone Park Queens, NYC, when he fell on the ground. A video surveillance shows a car driving over him, slowing down and then continuing on its way. Other vehicles drove by without stopping . Finally a good Samaritan parked his car in front of the victim to prevent other cars from hitting him. Unfortunately it was too late. The man who suffered severe head trauma died at the scene of the accident.

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To reduce pedestrian accidents at dangerous New York intersections, City Councilwoman Helen Rosenthal (D-Manhattan) wants to re-introduce an old crosswalk system named the Barnes Dance. The Barnes Dance is a system from the 60ies where all cars have the red light at the same time at an intersection so all pedestrians can cross safely without mixing with traffic. This type of crosswalk system was named after traffic engineer Henry Barnes. The bill which will be introduced tomorrow is asking the NYC DOT to look at the feasibility of a Barnes Dance system at the 25 most dangerous intersections of the city. Read more in the NY Daily News

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