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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New-York-Construction-Site-1-e1523363525354More than two years ago,  our client Rebecca Wichs lost her husband in a crane accident in downtown Manhattan. David Wichs was crossing the street when he was fatally struck by a collapsing crane.  That day, despite heavy snow and winds, the City didn’t order crane operators to lower and secure their cranes.  Now when the winds are above 30 mph, all crane operators in New York City are required by law to stop their operations. Last Wednesday, as winds were unusually strong, the DOB made surprise crane inspections all around the city.

All big cranes installed in the five boroughs are now required to be equipped with an operating wind measuring device.  When the device indicates that winds are above 30 mph, operators are required by law to cease all operations.  If they don’t, they can face up to a $25,000 personal fine for violation.

It is difficult for the only 12 DOB crane inspectors to be able to check the 300 cranes installed across New York City but when it is necessary, the DOB brings in additional inspectors from other parts of the agency. Despite the limited number of resources the DOB has increased the number of violations for unsafe crane operations over the recent years. They went from 4000 five years ago to 8000 last year. The DOB also indicates that since the 2016 accident, crane operators don’t usually take risks when the weather turns bad.

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Trinity Grace ChurchA NYC hard had suffered critical injury after he fell from scaffolding at a church construction site in Williamsburg, Brooklyn.  The man who was employed by 4M Construction was doing brick work on the Trinity Grace Church located at 231 Ainslie Street in Williamsburg. He was on scaffolding when he fell two stories onto the sidewalk shed. The accident occurred Monday afternoon around 2pm.  The emergency responders rescued the man and rushed him to the hospital. A neighbor told the NY Daily News that he previously called 311 because he was worried about the unsafe conditions at the construction site.

Read more in the NY Daily News

Picture of the accident location: courtesy of Google Map

 

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Daniel-Pollack-1In a new article entitled “Multiple Foster Care Placements Should be Considered a Mitigating Factor in Criminal Proceedings”  Daniel Pollack, a professor at Yeshiva University’s School of Social in New York City, and a frequent expert witness in child welfare cases, Khaya Eisenberg, Psy.D., a clinical psychologist in private practice in Jerusalem, Israel and Amanda Dolce,  an attorney in Florida practicing child welfare law write :”It is widely believed that attachment to a primary caregiver is an inherent need and a prerequisite for healthy psychological development. For foster children, this attachment may be challenged  Many foster care adolescents perceive their biological and foster parents to be less invested in them, which can lead to weaker social bonds and increased vulnerability to delinquency. Difficulties with attachment have been associated with lack of impulse control or empathy and criminality. Some suggest that the lack of opportunity to experience parents as benevolent, result in children feeling devalued and perhaps reacting defensively by devaluing others through aggressive or defiant behavior. ”

The complete article can be downloaded here

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NY-bus-accident-locationTwo people suffered serious injury, 5 moderate injuries and dozens others minor injuries in a bus accident in Long Island, NY that occurred on Sunday night a little after 8:00 pm.

The bus driven by Troy Gaston from Bethlehem, PA belonged to Journey Bus Line in New Jersey. The driver had just picked up 38 students and 5 chaperons at JFK airport. The teenagers aged 16 to 19-year-old were coming back from an Eastern Europe trip organized by EF Educational Tours.  The bus was heading to a mall where parents were supposed to pick up their children. The driver took the Southern State Parkway to get to his destination, apparently not aware that the Parkway was forbidden to most commercial vehicles.

As he drove through the Eagle Avenue overpass in Lakeview, Nassau County, LI, the top of the bus was ripped off by the overpass injuring multiple passengers. According to the police someone shouted “duck” just before the bus hit the overpass. This may have helped keep the number of seriously injured students to just a few. Two 17-year-old girls suffered the most serious injuries. They are still hospitalized but in stable condition. They are expected to leave the hospital in the next 24 to 48 hours. The injuries ranged from broken bones to cuts and scrapes.

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accident sceneA young couple died and 5 other people suffered serious injury in a car accident involving 5 vehicles early Thursday morning in New York City.  So far the investigators are still trying to figure out what exactly caused the five-car chain reaction crash.

The accident occurred between 1:00 am and 2:00 am  on the Nassau Expressway in Inwood.  The massive collision left debris of car parts, oil and gasoline over 800 feet on the highway. According to the police one of the cars’engines went out of the vehicle.

The young couple was identified by the police as 21-year-old Yisroel Levin, of Brooklyn, and 20-year-old Elisheva Basya Kaplan, of Far Rockaway.  They got trapped in their car as it burst on fire. The two of them got engaged last week and were set to be married over the summer.

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Pollack-and-TruhauWhen an accuser or or an accused  in a criminal investigation is a pre-teen or an adolescent, the unpreparedness of law agencies can lead to miscarriages of justice resulting in traumatic impacts.  In a recent article in the New York Law Journal, LISA H. THURAU, an executive director of Strategies for Youth and DANIEL POLLACK a professor at Yeshiva University’s School of Social Work  recommend that law enforcement agencies provide training and guidance on how to better handle cases with youths. Too often in criminal cases, law enforcement officers are not proprely trained to interact with children. This can result in traumatic experiences for the children and their loved ones. Additionally when families try to sue for abuse, the court’s decision is often biased in favor of the defendants.

Download the article here

 

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Defective-sign-NYCA 6 year old boy was seriously injured by a falling New York Street sign yesterday afternoon. The young boy was a tourist visiting from Argentina. He was on the sidewalk at the southeast corner of 32nd Street and Seventh Ave when a heavy street sign detached from the pole and fell on him. The boy was unconscious and transported to the hospital. According to the NYPD he woke up and he is now in serious but stable condition.

The defective sign, a large blue street sign marking West 32nd Street outside the East entrance of Penn Station fell after large gust of winds of up to 40 mph were recorded in the area. It was taken away by the NYPD.

The wind was so strong yesterday in Manhattan that it took down banners and damaged scaffolding all around the city. In the Tri-State area many trees fell down and thousands lost power.

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boy using cell phoneBig Wireless companies were told 20 years ago by scientists that cell phone usage could lead to cancer. The wireless industry didn’t listen to them and used the same tactics as the Tobacco and Oil industry to hide dangers from consumers. The Nation just released the results of an investigation that found that the top wireless companies have spent millions convincing people that their products were safe.

At the begining of the nineties, when only a minority of people owned a cell phone, some consumers and industry workers complained that they may have developed cancer caused by their cell phone. At the time Tom Wheeler president of the Cellular Telecommunications and Internet Association (CTIA) was the wireless industry’s point man in Washington. To shut down the complaints and calm down consumer concerns Wheeler hired George Carlo, a pro-industry scientist to run a comprehensive research on cell phones. George Carlo had previously conducted controversial studies helping the breast implant industry and the chemical industry. He seemed to be the perfect man to support the cell phone industry’s claims that their products were safe for consumers.

George Carlo was allocated $28.5 million for his investigation which is the highest funded cell phone study to date. Critics of the study complained that such a big amount of money could easily guarantee silent obedience of the scientific community. George Carlo denied these allegations.

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Distracted driving by locationApril is Distracted Driving Awareness Month. A national study published last month shows that distracted driving is at its highest in the State of New Jersey. New York State ranks number four of the most distracted driving Sates. Florida and Missouri are second and third.  The report entitled “Heads Up, Phone Down: Distracted Driving Intervention” also found that Wyoming drivers are the least distracted. Distracted driving is a bigger problem on the East Coast than on the West Coast. The states with the worst distracted driving problem are mostly located in the East and the South East while the less distracted drivers are mostly located in the North West.

While looking at cities, Miami has the worst problems with distracted diving while Denver has the most disciplined drivers. The report found that drivers look at their phone every four miles in Miami but only every 6.25 miles in Denver. New York City comes right behind Miami.  Globally, distracted driving kills 3,000 people every year in the US, that’s 9 people every day.

Distracted drivers are often more reckless than non distracted drivers. The study indicates that distracted drivers are four times more likely to speed and 40% more likely to brake hard than those who are not distracted.

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location of the fatal pedestrian accident BK NYCThe investigation is still ongoing in the NYC car accident during which Dorothy Burns drove into a group of pedestrians and killed two young children on March 5th. According to a new article in the NY Daily News, a medical crew was dispatched to Burns’ apartment on March 2nd after receiving a call about a cardiac condition. It wasn’t the first time that emergency responders showed up at this address. Investigators found that they were previously called to the rescue for cardiac condition on December 22nd and November 19th.  The health of Dorothy Burns had deteriorated so much at the beginning of the year that she had to ask for a medical leave from her job in January. She didn’t return until February after she received a medical clearance. The investigators are now trying to find out if the doctors told Burns she had to stop driving because of her condition. The woman who suffers from multiple sclerosis had a seizure before crashing into a group of pedestrians who were crossing the road in Park Slope. Two young children died and three other people were injured in the accident (see previous blog) 

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