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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Domino_Sugar_refineryA construction worker fell to his death in New York City on Friday morning around 8:00 am. 59 year old Wilfredo Enrique was working on the facade of  a new residential development when he fell to his death.  Enrique was employed by Two Trees Management and was working on the construction site located on the old site of the Domino Sugar Factory in Brooklyn. After the accident the site was closed and investigators were working on determining the exact cause of the fatal accident.

According to the most recent complaints reported on the NYC Department of Building website, the scaffold didn’t meet the building safety code standard. The worker fell approximately 4 floors from the master climbingwork platform, after Two Trees Management failed to safeguard the platform.  Since the construction started 41 complaints have been filled. The Department of Building issued a total of 27 violations, most of them immediately hazardous. 3 of them were still open at the time of the accident. Among the open violation were the use of rigging equipment by a non licensed rigger and the failure to safeguard all persons and property affected by the construction operations.

The accident occurred just a few weeks after the death of two other NYC construction workers in Queens (see previous blog). According to Union representatives, Enrique is the 29th construction worker who died over the last two years in New York City. The boom in the construction sector in New York has led to an increase in construction jobs in the city. In 2015, the New York Building Congress recorded 138,200 construction jobs, the highest in 40 years.

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Building at 720 Hunts Point2 sisters died from burns after a radiator exploded in their apartment in the Bronx, New York City. 1 year old Scylee Ambrose and 2 year old Ibanez Ambrose were sleeping in their bedroom when a radiator valve blew off. The entire room quickly filled with hot steam. The two girls were rushed to the hospital but they couldn’t be saved.

The explosion occurred wednesday afternoon in a building located at 720 Hunts Point Avenue in the Bronx. The building shelters 5 homeless  families. It is run by the Bushwick Economic Development Corp. As part of a city program called cluster-site, five families are living in this building. The rent is paid by the city until the families can find permanent housing. The cluster-site program has a bad reputation. Many of the units housing families in this program are among the worst maintained and the most poorly monitored properties among all NYC shelters. Last year a report published by the Department of Investigation found “a lot of dangerous conditions at clusters”.

The building in which the accident happened has received 60 complaints form the Department of Buildings.

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constructionLast 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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accident sceneMore 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.

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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.

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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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