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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private garbage truck involved in New york fatal bicycle accidentPrivate garbage trucks are among the most dangerous vehicles in New York City. 5 people died and 73 were seriously injured in commercial waste truck accidents in NYC over the last two years (2017 and 2018).

After years of complaints by street safety advocates, the NYC Department of Sanitation finally released a Draft Generic Environmental Impact Statement (DEIS) for its Commercial Waste Zones plan.  This plan is the blueprint to reform the dangerous waste hauling system in New York City.

The actual system allows for 90 different private garbage truck companies to service 100,000 businesses anywhere in the city. As a result, garbage truck drivers and trash collectors are assigned long routes that they have to service each night. Trash collection is one of the most dangerous jobs in America. In New York City a commercial trash worker can pick up to 30 tones of commercial waste during the course of a daily shift that can last for up to 16 hours.  It is also common knowledge that some of them s are exploited and make between $40 and $80 a night while their unionized colleagues can make up to $100,000 a year.

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Lufthansa Cargo BuildingA 40 year old man was fatally crushed by a freight elevator at JKF Airport in NYC. Dillon Jobe was found critically injured in a shaft at the Lufthansa Cargo Building. His cell phone was lying next to him.  So far and according to the NY Daily News, the investigators believe that he dropped his cell phone and was trying to retrieve it, He later died at the hospital. According to the family the circumstances of the death are not clear and the mother told the Daily News that she was told that there was no video footage showing his son dropping his phone, The mother believes she is not getting the whole story. The NYPD is still investigating the fatal accident.

The mother was not called by Aviation Safeguard, the company for whom Dillon was working as a security guard but by the hospital. They asked her to come because her son was there. She rushed there with her other son. The hospital told the mother that her son didn’t have a heart-breath when he arrived but they didn’t know what happened. The hospital said that they were told that his body was found by a conveyor belt. They didn’t know what happened to him.

Dillon Jobe was from Trinidad. He left behind a 7 year old daughter. She lives in Trinidad but they were speaking together everyday. The family doesn’t know how to tell her that her dad is dead.

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NYC pedestrian safety action planHalf of NYC fatal pedestrian accidents occur on 7% or 424 miles of the city’s streets. These specific streets are going to be the main focus of the new Borough Pedestrian Safety Action Plans that were just released by the DOT yesterday. Mayor de Blasio announced that by the end of this year specific streets and avenues will undergo design changes to protect pedestrians from being killed in traffic.  The following priority corridors were identified for safety modifications:

  • Westchester Avenue, Boston Road and Soundview Avenue in the Bronx
  • Linden Boulevard, 8th Avenue, Surf Avenue and Bedford Avenue in Brooklyn
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JohnsonTo defend  against the nearly 15,0000 product liability lawsuits over its talc products, Imerys Talc America, a main supplier of talc for Johnson & Johnson, recently  announced that it filed for bankruptcy.  Most of the lawsuits against the company alleged that the company continued to supply its products while knowing that they could cause ovarian cancer or  asbestos-related mesothelioma.

The company, a subsidiary of the French company Imerys SA, is denying all accusations that the company knew that the talc powder that it supplied mainly to Johnson & Johnson could cause cancer.

However while filing for bankruptcy the company also mentioned a multibilllion-dollar verdict against Johnson $ Johnson that attracted a lot of attention from  the media.  Last July, 22 women obtained a $4.69 billion verdict against Johnson and Johnson on allegations that the talc powder they used was tainted with asbestos and caused ovarian cancer.

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New York Medical Malpractice Lawyer Ben RubinowitzOur managing partner, NYC Personal Injury Attorney Ben Rubinowitz will be speaking at the Long Island Medical Malpractice Litigation 2019 Seminar organized by the New York State Bar Association. The seminar will take place on Wednesday February 27th at the Melville Marriott located at 1350 Walt Whitman Road in Melville. Ben will be speaking on openings and summations.

The seminar will start with a presentation of the Developments in the Substantive Law that will cover the recent legal issues and legislative development, e-Discovery, Ex parte interviews with treating physicians, recent developments in Lien Law and the fund for neurologically impaired infants.  It will be followed by a presentation on discovery including social media and internet information, surveillance, Arons authorizations and more. After a coffee break, participants will learn tips and techniques to question the defendant during depositions and trial. In the afternoon the program will first focus on the preparation of the defendant for deposition. It will be followed by a presentation on how to cross examine an expert. Participants will then learn how to prepare perfect openings and summations. The program will end with a view from the Bench.

A must for both new and experienced attorneys, this seminar will be filled with useful information and valuable tips. The program will provide an overview of the key issues in medical malpractice litigation through a combination of lectures and practical demonstrations. Learn how to determine the relevant standard of care, how to prepare your case, how to avoid common pitfalls and how to examine expert witnesses. Don’t miss this opportunity to learn trial strategies and techniques in medical malpractice actions from top-notch litigators and distinguished State and Federal Judges.

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helpYesterday was a historical day for victims of sexual abuse in New York as Governor Cuomo signed the Child Victims Act into Law.  This new law extends what was one of the most restrictive statutes of limitations in the country.  Victims of childhood sexual abuse now have until 55 year old to sue their abuser while before the new law was signed, they only had until 23 year old to do so.  Additionally a one-year “look back” period that will start in 6 months will allow  all sexual abuse victims to sue their abuser even for cases that date from decades ago.

THE NY CATHOLIC CHURCH HAS AT LEAST 480 PRIESTS ACCUSED OF SEXUAL ABUSE BUT VICTIM ADVOCATES BELIEVE THERE ARE FAR MORE

A lot of victims are expected to come forward now that the new law has passed. Any New York school or youth organization that hired a child molester in the past could now be the target of a lawsuit. The New York catholic dioceses may face the most lawsuits.  Among the 8 New York dioceses, 6 of them have publicly listed a total of 249 priests who have been accused of molesting a child. The only two dioceses who haven’t publicly identified sexually abusive priests are the Archdiocese of New York City and the Rockville Centre Diocese.  In 2004  the Archdiocese of New York City announced that it was aware that 45 of its priests had sexually abused children but no names were revealed. The Rockville Centre Diocese also acknowledged that 66 of its priests were accused of sexually assaulted children but again no names were mentioned.  Among the dioceses that published the names of their abusers, Buffalo had the largest list with 80 priests recognized as sexual abusers followed by 57 for Syracuse, 46 for Albany, 30 for Ogdensburg, 23 for Rochester and 13 for Brooklyn.

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CBD can be a dangerous productSome CBD products sold over the counter can be dangerous for consumers. A recent investigation by the New York NBC I-Team found that some CBD products contained dangerous amounts of lead and pesticides.
CBD or cannabinol oil is a molecule found in the cannabis flower which therapeutic properties have been tested and confirmed by scientists. CBD doesn’t make people high and clinical research includes studies of anxiety, cognition, movement disorders and pain. A version of the drug called Epidiolex has been approved by the FDA for the treatment of epilepsy disorders in children. Another version that contains CBD and THC was approved by Health Canada to treat neuropathic pain in multiple sclerosis and cancer related pain.

Over the counter CBD products are not controlled by the FDA

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carbon monoxide danger signNine construction workers were hospitalized after they suffered from carbon monoxide poisoning last week in Manhattan. The construction workers were putting down concrete in a very small confined space in the foundations of a construction site located at 30 E. 29th St. in Manhattan. The site is the future location of a 639-foot-tall luxury residential art Deco-Inspired skyscraper developed by the Rockefeller Group.
A gasoline generator that was also running in the same space to provide electrical power poisoned the workers with carbon monoxide fumes. Gasoline generators that are releasing carbon monoxide are not supposed to be used indoors or in places that are not ventilated. Carbon monoxide can not be smelled but it can kill in minutes.  Warning signs of Carbon monoxide poisoning are similar to flu or cold symptoms and include weakness, fainting, dizziness, headache, nausea and shortness of breath.
The FDNY received a first call for a sick worker around 4:30 pm. The worker was feeling ill and dizzy. When they arrived other workers who had been able to get out of the underground space by themselves were also feeling sick. Two of their colleagues however were so ill that they had to be lifted up by the firefighters. A total of 65 firefighters and paramedics had to be called to the rescue to extricate the workers safely from the confined space.
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Elevator Accident Deaths in ConstructionIn 2017 24,890 people who suffered personal injury in an escalator or elevator accident were treated in American hospitals, compared to 25,951 in 2016 and 19,005 in 2007. The number of elevator accident injuries has been on the rise over the last 10 years in the US.

Fatalities related to elevator and escalator accidents are less common and occur mostly on construction sites. According to the Quarterly Report recently published by the Center for Construction Research and Training (CPWR) 28 workers died in elevator accidents on construction sites in 2016 compared to 14 in 2003. The number of workers dying in elevator accidents has been on a rising trend since 2003 with a peak at 37 in 2015.

The workers who are the most at risk of dying in an elevator accidents are those who are constructing, assembling or dismantling elevators. They represent 40% of the elevator accidents fatalities in construction. Workers who are operating heavy equipment and workers in charge of the repair and the maintenance are also at risk of dying in elevator accidents. They both represent 20% of the elevator accident fatalities suffered by construction workers.

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This eloquent tribute to Mr. Schwab by Steven B. Prystowsky well sums up the life of this giant of the Bar. It is taken from the Eulogy Steven gave at his funeral. Mr. Schwab was the preeminent trial lawyer of his time in the defense of product liability cases. He died on February 4, 2019. We thank Steven for permitting us to post it.

TRIBUTE TO HAROLD SCHWAB

There is an old Talmudic saying:  

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