Firm Operations Continue Uninterrupted During the Coronavirus. Click for More Information ›
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

Published on:

A 77 year old pedestrian was crossing a residential street in Brooklyn when she was struck and suffered injury leading to her death by a 2014 Mercedes Benz attempting to parallel park. Marlene Baharlias, 77, was jaywalking when she stepped off an East 19th street curb mid-block between Avenue U and Avenue T in Sheepshead Bay around 2:20 p.m. yesterday and was mowed down, cops said. Read more in the Gothamist.

Erratum (3/20): according to an in depth article from Streetblog that came a day after the accident was announced in the local media, Marlene Baharlias was killed Tuesday in Sheepshead Bay by a driver who witnesses say backed onto a sidewalk – contrary to anonymous NYPD sources who told the Post the victim was jaywalking. We apologize to our readers.

A similar accident happened two days ago, also in Brooklyn, when a young child was attempting to cross the street with his mother and a car backed into them killing the 5 year old boy (see previous blog).

Published on:

Ariel Russo was killed in a car accident last June as she was walking to school with her grandmother. The two pedestrians were on Amsterdam Ave at 97th street when a 17 year old driver with a learners permit jumped the curb and hit the young girl causing her death. The young man was charged with manslaughter. Today Ariel would have been 5 years old. In her memory the city renamed west 97th Street between Amsterdam Ave and Broadway “Ariel Russo’s Place”.

Read more in CBS New York


Published on:

4000 New Yorkers suffer severe personal injury and 250 are killed every year in traffic accidents and to Bill de Blasio this is unacceptable. Yesterday afternoon the Mayor of New York presented “Vision Zero Action Plan” the first report produced by a multi agency task force that the mayor created last month. (See previous blog) .

Vision Zero has proven to be a successful program throughout different cities of the world because its multi faceted approach brings together government, advocacy and private sector actors as well as the public to become part of the solution. In a similar fashion, yesterday’s action plan contains proposed actions by the City, the Police Department, the Department of Transportation, the Taxi & Limousine Commission, the Department of Citywide Administrative Services and the Department of Health and Mental Hygiene.

Some of the most interesting recommendations include

Published on:

Blatant medical malpractice was committed by the Emergency Room staff of the NYU Langone Hospital in New York that lead to the death of 12 year old Rory Staunton according to a recently released investigation by the the New York State Department of Health.

Rory Staunton died on April 1st 2012 from sepsis after a scrape on his arm became infected. He was taken to the ER at NYU Langone Hospital but was sent back home after the staff failed to diagnose sepsis. His condition worsened and he died the next evening.

According to the investigation by the NY Health Department “NYU Langone ER failed to provide care in accordance with acceptable standards of practice for both medical staff and nursing services, as well as a systemic failure related to the reporting and follow up of abnormal laboratory results”.

Published on:

A pregnant woman was struck and killed by a negligent snow plow driver on a supermarket parking lot in Brooklyn, New York. The baby was delivered by C-section but according to doctors the baby suffered oxygen deprivation and may have brain and other organ damages. The bobcat driver wasn’t charged but received 3 tickets because the vehicle, a Bobcat (skid steer loader), lacked an inspection sticker, a headlamp and a license plate light. The neighbors of the woman are upset and believe the driver should be criminally charged. What do you think?
Read more in the New York Daily News

Published on:

Erich%20Shneiderman.jpgA nursing home abuse investigation led to the arrest of nine employees of the Medford Multicare Center for Living, Inc. in Medford, New York, Attorney General Eric T. Schneiderman announced yesterday. (picture). According to the press release, Kethlie Joseph, 61, was charged with Criminally Negligent Homicide for the death of a 72 year old female resident of the Medford Multicare Center.

Joseph was in charge of administering treatment to ventilator dependent residents. She was supposed to connect the 72 year old patient to a ventilator at night according to a doctor’s order. She admitted that she didn’t read the doctor order and never connected the patient to the ventilator. At night when the alarms went on because the patient had difficulty breathing she ignored them for two hours and also ignored messages on her pager when the patient stopped breathing.

Four other employees were also charged in connection with the death of the patient:

  • a nurse who stood in front of the monitors and didn’t respond to the alarm for two hours and then lied to investigators to cover up
  • a nurse who falsely claimed to investigators that the patient looked up at her and was alive when in fact she had been dead for hours
  • an aid who falsely claimed that alarms were not beeping
  • another aid who was assigned to sit at the resident’s bedside but who wasn’t there and who never responded to the alarms
Published on:

A commercial truck driver crushed a pedestrian in Brooklyn and just sped off as the man was left unconscious. The 70 year old pedestrian was pushing a shopping cart alongside a parked commercial truck. When the pedestrian was at the level of the cab door, the truck pulled out, crushed the man and continued without stopping. The man was found unconscisous at the place of the accident and died at the hospital. The police are still looking for a dark color three axle truck.

Read more in New York CBS

Anyone with information in regards to this incident is asked to call the NYPD’s Crime Stoppers Hotline at 800-577-TIPS. The public can also submit their tips by logging onto the Crime Stoppers Website at WWW.NYPDCRIMESTOPPERS.COM or texting their tips to 274637(CRIMES) then enter TIP577

Published on:


Last Friday afternoon 3 pedestrians were seriously injured in a car accident on the Upper East Side. A taxi driver lost control of his vehicle, jumped the curb and plowed into a group of pedestrians on East 86th Street and Third Ave. (see New York Post)

This accident should be fully investigated according to new police regulations recently announced by NYPD Police Commissioner Bratton. In a recent speech Bratton said that not only vehicle accidents leading to death but also vehicle accidents leading to serious personal injury would be fully investigated. (see our previous blog)

On Sunday, a 67 year old pedestrian died in a car accident on Staten Island after being hit by a drunk driver. The pedestrian, James Benedict, was about to enter his car parked on Lily Pond Avenue when he was struck by a 39 year old drunk driver who lost control of his SUV, resulting in the death of Mr. Benedict. The driver was arrested and charged with drunk driving. Read more in

Published on:

The driver of a cement truck was killed and four people suffered personal injury in an accident that happened in the Bronx on Monday. The truck driver was exiting the Major Deegan Expressway when he lost the control of his vehicle. According to witnesses the truck struck two cars before it crashed into a two faimly dwelling destroying the front of the building.

Read more in the New York Times

Published on:

Steigman%20and%20Sallay.pngA settlement in the amount of $1,750,000 was obtained by our partners New York Medical Malpractice Attorneys Ernie Steigman and Chris Sallay for the Wrongful Death of a 41-year old pregnant woman due to the Medical Malpractice of her Obstetrician and his office staff.

In this case, the decedent, who was about 10 weeks pregnant with triplets, had called her doctor’s office complaining of pain in her leg and shortness of breath on a Saturday. The nurse she spoke with advised her to come into the office on Monday. When she arrived on Monday, the doctor examined her but failed to take a Doppler study to determine the source of her leg pain. She was sent home and the next day she died from an undiagnosed venous thrombosis. She left behind her husband. The matter settled shortly after the start of the lawsuit for nearly all the available insurance proceeds.