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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Park Slope Garage CondominiumA 4 year old boy died after falling in an elevator shaft inside a luxury NYC garage. According to the police, Jack Roberts slipped through a 10 inch gap between a freight elevator and the shaft at the Park Slope Garage Condominium in Brooklyn, NYC. For some unknown reason, the toddler and his parents were allowed to use a freight elevator that was meant for vehicles to get to the third floor of the garage. Other owners of parking spaces who learned about the elevator accident were in shock.  They said it was very unusual for the staff to allow anyone in the freight elevator.  Car owners usually pick up and drop their car in a designated area at the entrance of the garage. Then the staff takes care of taking them in and out of their respective parking spaces using the freight elevators.

After the accident happened, The Department of Buildings filed a complaint requesting an investigation.

The luxury garage was one the first “condominiums for cars” in New York State with more than 100 parking spaces. The actual price of a parking space there is estimated at $300,000.  The initial price for a parking space at the garage when it opened in 1986 was $29,000. At the time it was already considered a very high price. It went up over the years as Park Slope  developed into a trendy neighborhood.  It recently shot up after another similar condominium garage located nearby closed.

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32 year old Michelle Mignott was killed in a car accident in New York City in 2014. The two reckless drivers who were indicted in the accident will be tried in August if they don’t accept a plea deal. Richard Roman-Santos and Gerard Herbert both charged with vehicular manslaughter appeared yesterday in front of Brooklyn Supreme Court Justice Vincent Del Giudice. The judge told then that if no plea agreement was reached the case would go to trial on August 1st. The two men were previously offered 3 to 9 years in jail if they pleaded guilty but they both refused.

On August 17th 2014, Herbert was driving in Brooklyn with two female passengers. One of them, Michelle Mignott was lying on the back seat. As he was making a left turn, Roman-Santos who was driving at a speed of 94 miles per hours crashed into him. Mignott was killed in the accident. Herbert who first refused to take a breathalyzer was later tested with .20.  Roman Santos accepted the breathalyzer and was found to be at the limit of .08.

The two men are expected to be back in front of the judge on June 7th and will have to say if they accept the plea deal or not.

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lit cigaretteTwo people died and one person  was injured in two separate fire accidents in New York City yesterday. Both of them were sparked by lit cigarettes, officials said today. A first fire started Monday morning around 9:00 am in Queens. Andre Reid, a 69 year old retired firefighter died in the blaze. The man had first helped his wife getting out of the house and then he decided to go back in the house to retrieve something. Firefighters found him unconscious in his bedroom. He was transported to the hospital where he died from smoke inhalation. Later on during the day another fire was sparked by a lit cigarette in Brooklyn. The fire started in the bathroom of an apartment in Propsect Lefferts Gardens. There weren’t any smoke detectors in the apartment and the fire quickly spread to the rest of the apartment. A 65 year old woman died and another resident was injured.

Read more in the NY Daily News

Picture: courtesy of Wikipedia

 

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Coupe_de_poumon_atteint_de_silicoseMany construction workers who have been over exposed to silica dust developed lung cancer, silicosis as well as pulmonary and kidney disease. The danger of exposure to silica dust was first highlighted by the US government in 1930 but the first rule related to silica exposure time was released in 1971 when OSHA was created. The 1971 rule is outdated and recent waves of illnesses and deaths among construction workers have led to the creations of new OSHA standards. A final rule was issued by OSHA two months ago on March 25. The rule contains two standards: one for the construction industry and one for the maritime and general industry. OSHA estimates that every year the new standards will save 600 lives and prevent 900 workers from getting silicosis. The standards will take effect on June 23, 2016. From that date, the construction industry will have one year to comply with OSHA requirements.

To help contractors and construction workers understand and comply with the new standard, the Center for Construction Research and Training (CPWR) just hosted a webinar on  “Understanding & Implementing the New Construction Silica Standard”.  In this webinar,OSHA’s Director of Standards & Guidance,  David O’connor, presented the key provisions in the new standard. A free planning tool was also presented to participants. CPWR Deputy Director, Chris Trahan and CPWR r2p Director, Eileen Betit explained to participants how to make the best use of this planning tool. A recording of the webinar can be found here.

Additionally, at the request of many who could not attend the first webinar, another live webinar session will take place on Thursday June 16th at 2;00 pm Eastern Time. The same speakers, David O’Connor, OSHA’s Director of Standards & Guidance , Chris Trahan, CPWR Deputy Director and Eileen Betit, CPWR r2p Director will discuss the new standard for the construction industry and best way to implement it. The webinar is free and aimed at contractors in the construction industry but anyone interested can attend. If you wish to participate you can register here.

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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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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