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.
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rubinowitz_torganIn their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper discuss time tested ways to cross examine experts to achieve successful results at trial. Examples from recent trials are used to help illustrate the points. Each of these techniques have been used by the authors to develop powerful arguments for summation and assist in bringing home a successful verdict.

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One construction worker died on the job in New York City in June bringing the total of deaths to 5 for the first half of 2019 compared to respectively 6, 2, 5 and 6 for the first semester of 2018, 2017, 2016 and 2015. The June fatality occurred in Manhattan. 4 of the 5 fatalities on NYC construction sites occurred in Manhattan and the other one in Brooklyn during this first semester. No deaths were recorded in the Bronx, Queens or Staten Island construction sites during the first six months of the year.June 2019 fatalities on NYC construction sites

A total of 4 construction accident fatalities were recorded in Manhattan during the first semester of 2019 compared to respectively 2, 1, 3 and 3 during the first semesters of 2018, 2017, 2016 and 2015. This last semester was the deadliest in Manhattan since 2015.

Manhattan Construction worker fatalities June 2019
One hard hat died in Brooklyn during the first semester of 2019 compared to respectively 1, 1, 1 and 2 during the first semesters of 2018, 2017, 2016 and 2015.

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location-of-the-sexual-abuseA detective working for the NYPD Special Victims Division and a special education school aid were both arrested on Friday after being accused of sexually assaulted young girls in New York City.

28 year old Kevin Lemon, a special education paraprofessional is accused of sexually abusing a 9 year-old girl three times in the basement and in the staircases of PS 59 in Bedford-Stuyvesant, Brooklyn. The girl who is not a special need students was abused during the month of June. She didn’t alert her family until she returned to the same school in September. When she saw Kevin Lemon again she told her grandmother what happened in June. The grandmother who is also her legal guardian reported the man to the police. He was arrested and charged with criminal sex act, sex abuse forcible touching, sexual misconduct and endangering the welfare of a child. The 28 year old man was studying to be a teacher at Brooklyn College and still needed 6 credits until graduation.  He was making $158 a day as a special education paraprofessional.  He was immediately suspended without a pay and will remain suspended until the investigation is over. He is due back to Court on Thursday. His bail was set at $50,000. (read more in the Post)

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FDNY_Haz-TecCity drivers were determined to be at fault in 3,357 motor vehicle crashes in New York City during the last fiscal year that covers the July 2018 to June 2019 period. This number is up by 10 compared to the previous year and despite a diminution of the city vehicle fleet from 31,002 to 30,755.

827 people were injured and 4 died in these accidents compared to respectively 763 and 2 during the previous fiscal year.

The city vehicle involved in the highest amount of crashes were the FDNY vehicles with 10.1 accidents per 100,000 miles traveled followed by Sanitation (7.6), Parks (4.7) and the NYPD (4.4).

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N-NitrosodimethylamineEuropean and US Health regulators found that Zantac and other generic versions of the heartburn pill contain small amounts of N-nitrosodimethylamine (NDMA), a cancer-causing chemical that is classified in the United States as an extremely hazardous substance.

No official recall announced but distribution of the potentially dangerous medication stopped by some companies

No official recall has been announced yet by Sanofi, the Zantac maker. Howver another big pharma, Novartis, which produces a generic version of the medication has announced that it stopped distributing the dangerous medication to the European and the American markets.

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Lead poisoning can cause lifetime injuries especially when it affects unborn children, babies or toddlers. Damage to the brain and the nervous system leading to compartmental behavior issues such as irritability, hyperactivity or inattentiveness, learning and reading disorders, delayed gross and hearing loss are among the most common consequences of lead poisoning. Lead paint in housing was banned in the early 70ies and in New York City, The City’s Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004) requires landlords to check their propriety for lead and take necessary action to remove it if the building was built before 1960 (or if the owner knows lead paint was used between 1960 and 1978 and if children below the age of 6 live in their property).  The plan of the city was to eliminate lead poisoning by the year 2010 but a report by the New York City Comptroller Scott Stringer found that between January 1, 2013 and October 10, 2018 alone, 26,027 children under the age of 18 tragically tested positive for elevated blood lead levels of 5 micro-grams per deciliter (5 mcg/dL) or greater. Furthermore the investigation found that the city knew about it and didn’t take any measures to protect these children.

The Department of Health and Mental Hygiene (DOHMH) received thousands of alarming blood results each of them with the name and the address of the children but the results where never shared with the the Department of Housing Preservation and Development (HPD) so they could proactively inspect the locations at risk and take the appropriate measures to address the dangerous situation. Instead HPD only deployed inspectors on locations after receiving complaints from residents.  The report shows that the city clearly missed its goal to eradicate childhood lead poisoning and protect children from the irreparable arm associated with lead exposure. While the City issued the LeadFreeNYC Plan in 2019, the report shows its complete failure  to leverage its own data related to lead exposure and utilize that data to precisely and methodically inspect buildings and areas most likely to pose a threat to children.

Read Report here

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Borden-Ave-and-11streetA 14 year old cyclist was fatally struck by a truck in New York City on Saturday afternoon. Mario Valenzuela was riding his bike on Borden Avenue around 2:00 pm Saturday afternoon when a truck belonging to limited Interior Group, a private sanitation company, made a right turn onto 11th street and fatally struck him.

The 33 year old truck driver stayed at the scene of the accident and wasn’t charged even though he violated the Right of Way Law.

Last week an off duty cop on a motorcycle was also killed by a private sanitation truck in the Bronx and at the beginning of the month another cyclist suffered critical head injury after he was struck by a dump truck in Gowanus, Brooklyn. Plans to reform the industry and reduce truck roads by having a limited number of companies taking care of specific areas have all been opposed so far.

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Two elderly pedestrians died in Queens last week after they were struck by cars in two different accidents.

The first one occurred on Tuesday afternoon around 5:35 pm in a residential neighborhood of Jamaica. An 85 year old pedestrian was crossing 89th Avenue in the crosswalk when a car making a left turn from 170th Street fatally struck him. Despite violating the Right of Way Law, the driver who stayed at the scene of the accident wasn’t charged. The accident occurred in the 27th City Council District. This area is considered to be one of the most dangerous in New York City. Last year, more than five thousand crashes injuring 42 cyclists, 224 pedestrians, 1,447 motorists and killing 2 pedestrians and 4 motorists were reported in this district.  (Read more in StreetBlog).

The second deadly Queens pedestrian accident took place on Saturday. 75 year old Elou Rakhminov was crossing Jewel Avenue near the intersection of 141st Avenue in Kew Gardens Hills around 9:20 am when he was mowed down by a car. The 3o year old driver stayed at the scene of the accident and wasn’t charged.  The pedestrian was rushed to the hospital but he couldn’t be saved. (Read more in Street Blog)

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location of the reckless driving fatal accidentReckless driving killed another NYC pedestrian: a one year old girl who was in a stroller pushed by her mother on a Bronx sidewalk. The fatal accident occurred on Tuesday afternoon. The mother of 1 year old Djeneba Magassa was pushing her daughter in her stroller on the sidewalk of  East 215th Street near Mama G African Kitchen when a reckless 22 year old driver identified as Kier Boneparte lost control of his white BMW SUV, jumped the curb and pinned the stroller against the wall. A man sitting in front of a grocery store a few steps away heard a loud noise and a woman screaming for help. He ran to the corner and with another man they pushed the car to free the baby. The mother and the daughter were rushed to the hospital. When they arrived, one year old Djeneba was pronounced dead.

The driver of the BMW stayed at the scene of the accident. When the police arrived they tested him to check if he was intoxicated but he wasn’t. However the police found out that he didn’t have a driving license.

Last week 4 pedestrians including a 10 year old boy waiting at a bus stop, were killed by reckless drivers in New York City and none of them were charged (see previous blog).  In this case, the was charged with reckless driving, driving without a license or insurance and failing to yield to a pedestrian.  (Read more in the New York Times )

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An off duty high-ranking NYPD cop died in the Bronx after a garbage truck making a left turn hit his motorcycle. Around 8:15 am on Monday morning, 56 year old Michael McGrath, was riding his bike south on East Tremont Ave when a dump truck making a left turn onto Waterbury Avenue hit him. He was rushed to the hospital where he later died from his injuries. The driver of the truck stayed at the scene of the accident and wasn’t immediately charged. Inspector McGrath was the commanding officer of the NYPD’s Strategic Services Division. He was in charge of the department’s cadet program providing internships and police training for college students interested in a law enforcement career.

The accident occurred less than 10 days after a 62 year old e-biker suffered critical head injury after colliding with a garbage truck in Gowanus, Brooklyn. The accident was pretty similar to the one that killed Inspector Mc Grath. The dump truck struck the e-biker while making a left turn from third Ave onto 12th Street. The driver was a 52 year old off-duty firefighter working an authorized second job.

Hell on Wheels

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