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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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.

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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

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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

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matthew vo nohlen 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

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carlos moncayoForeman 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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accident sceneA 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

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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.

truck accident location

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

 

 

 

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methShaun Martin was high on PCP and Meth when he crashed his car into a New York grocery store and killed the florist standing outside. Two other workers were also injured in the crash. He was convicted of murder last July (see previous blog). On Friday, the 35 year old man appeared in front of Manhattan Supreme Court Justice Melissa Jackson. He was sentenced to 20 years to life.

In 2013 Shaun Martin was drunk and high on Meth and PCP when he decided to drive his car in the East Village. He jumped the curb at more than 90 mph and crashed into the flower stand of a grocery store located on Second Ave and E. 4th Street. 62 year old Mohammed Akkas Ali died in the car accident. He was the florist at the grocery store. He was about to finish his shift when the accident occured.  Read more in the NY Daily News

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9 pedestrians were killed in NYC car accidents last year during the 8 days following the end of the Daylight Saving Time. All the victims were between 55 and 88 years old.  6 of the 9 accidents occurred after sunset. According to data collected between 2010 and 2014, the number of pedestrians dying or being severely injured in car accidents increased by 40% during the last 3 months of the year. Statistics also indicate that crashes involving turns are doubling during the colder and darker months of the year.

As Daylight Saving Time ends this week-end, a $1.5 million Vision Zero campaign will be launched this Friday by the mayor’s office to prevent pedestrian deaths during the most dangerous period of the year.

Yesterday Bill de Blasio was joined by Transportation Commissioner Trottenberg, Aging Commissioner Corrado, Commissioner and Chair of the Taxi and Limousine Commission Joshi and NYPD Chief Chan at One Police Plaza to present the new pedestrian safety campaign to the press.

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NYC MTA Subway logoOne MTA worker was seriously injured and another one died in a subway accident in NYC yesterday. The two men were working on the southbound G train track between the Fort Hamilton Parkway and Church Ave. stations in Kensington, Brooklyn. A little after midnight, a train running on the track struck them both. Emergency workers rushed to the location of the accident. One of the workers, a 53 year old man was transported to the hospital in critical condition. He later died from his injuries. The other worker, a 49 year old man, was also transported to the hospital. He was seriously injured but in stable condition. It is not clear why the two men were working on the track when the  subway train was in service. Read more in the NY Daily News

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