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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An 8 year old girl suffered head injury after being hit by debris falling off a NYC construction site.

Last Friday morning, Tatiana Devia was in the courtyard of her family’s apartment building on 35th Avenue near 83rd Street in Jackson Heights, Queens, when a wooden plank fell on her head. She was rushed to the hospital to be treated for a mild concussion and a large wound to her head. 3 staples were needed to close the wound. The wood fell from a construction site located at the fourth floor of the building were workers where renovating an apartment. Workers were moving planks from the construction site to the ground by letting them down with a rope from the fire escape. One of the wood pieces slipped from the rope and hit the girl. Construction workers were working without having proprely safeguard the area. The man who was lowering the board ran away and was nowhere to be found.

Investigators from the Department of Buildings issued a full stop work order and the contractor was hit with 3 violations including failure to safeguard a construction site. The family and other witnesses who live in the building said that the little girl could have been killed. Her brother was so traumatized that he was scared to return home.

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Last June a Rochester professor was killed in a NY truck accident on Interstate 90. Just before the accident the driver was allegedly shopping online while driving at 70 mph in a construction area. The driver identified as 27 year old Kristofer Gregorek pleaded guilty to second-degree manslaughter. He is facing up to 15 years in prison. He will be sentenced at the end of June.

The victim, 45 year old Ellen Volpe was driving to work when she was rear ended by the truck. Volpe was an assistant professor at the State University of New York at Buffalo’s School of Nursing.  She died at the scene of the accident. A third car was involved in the accident. The driver was injured but survived.

Volpe left behind her a husband and two young sons.

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Personal Injury Attorney Ben RubinowitzOur managing partner, New York Personal Injury Lawyer Ben Rubinowitz, will be a member of the Faculty at the CLE Live Event “Case Framing, The Science and Art of Advocacy” that will take place May 4th and 5th at the Omni Parker House in Boston, MA.

Building a case a jury can believe in is fundamental to obtaining a favorable verdict. Renowned Rhode Island trial attorney Mark Mandell designed and built the Case Framing Model to do precisely that. This model is based on the idea that “just verdicts result when everything presented at trial is framed and sequenced to focus juror attention on the points you most want to make.” The key, then, is to focus the jury’s attention on what really matters.

Mark has created a two-day seminar to teach the fundamentals of Case Framing. The program begins with an introduction to Case Framing, then delves into the latest developments in decision science and psychology, and ultimately finishes with practical guidance on how to apply the model to your cases.

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accident sceneAn alleged drunk truck driver crashed into the car of a pizza deliveryman in Brooklyn, NYC. Thankfully the deliveryman had gotten out of his car seconds before the crash. The accident occurred around 3:30 am last Thursday morning in Williamsburg. The deliveryman had just parked his car on Borinquen Place near Rodney Street. As he just exited it, a white box truck slammed into it. The truck driver who was allegedly drunk previously struck a fence at Public School 319 on Rodney Street and was speeding away from this first accident. He then struck the car, took down a tree and ended into a scaffolding structure causing it to partially collapse. Read more in the NY Daily News

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New-Jersey-Transit-trainThe 300,000 passengers who daily ride the NJ transit have reasons to worry about their safety. Last year federal inspectors scrutinized the New Jersey System and their findings are alarming. Just on train floors or passageway, inspectors found 140 hazards such as unlocked high voltage electrical panels with some of them containing paper tickets or touching bare wires. According to Nancy Snyder, a spokeswoman for the NJ Transit, the panels have been cleaned of the paper and locked reducing risks of fires for passengers.

Old, neglected and hazardous trains

Fire hazard is not the only hazard NJ Transit commuters are facing. During his two terms, the previous New Jersey Governor , Chris Christie, cut the NJ annual budget by 90%. Obviously what was left was barely enough to cover day to day expenses and the train system suffered badly. The fleet includes 50 year-old locomotives and passenger cars that were built in the 80ies and 90ies. Engines are old and neglected. Inspectors found locomotives were not in condition to operate with complete air-brake reservoir failure and misaligned foundation gears compromising the braking system. On another locomotive inspectors found that the system allowing traction on slippery tracks was broken.  In the accident that killed a woman on the Hoboken terminal, inspectors found out that the event recorders was broken on the lead locomotive. Several locomotives  were in use despite not having been inspected. Missing electrical grounding was common and suspension problems were found on a multitude of engines. Additionally  an employee was found playing with his cell phone while parking trains and forgetting to apply breaks.

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bicycle accident locationA bicyclist died in a hit and run accident near Laguardia Airport in New York City. After reviewing surveillance videos, the Police now believe that the victim was hit by a shuttle bus.

36 year old Steven Morales was pedaling on Runway Drive near Laguardia Airport around 7:00 pm when he was mowed down by a vehicle that never stopped. The emergency crew gave him CPR and rushed him to a nearby hospital but he couldn’t be saved.

Runway drive which is an access road to Laguardia Airport was shut down for a few hours for investigation purposes. The police also searched surveillance camera and were able to find the shuttle and the driver who allegedly hit the cyclist. The driver denied hitting anyone. He wasn’t arrested. According to the police the bicyclist may have been hit by the rear wheel of the shuttle bus.

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crash locationA young man died in a car crash in Queens, NYC Saturday around 12:45 am.

The 21 year old man whose identity wasn’t released lost control of his vehicle while driving on Union Turnpike in Forest Hills near Woodhaven Boulevard. He hit a divider near the Stop & Shop supermarket and slammed into an edge of the supermarket’s loading dock (see picture from Google Map). His car burst on fire. By the time the emergency crew responded to the accident it was already too late. The victim was rushed to the hospital but he couldn’t be saved.

Read more in the NY Daily News

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Construction worker helpin another one to set up safety harness
In New York almost half of the fatal accidents on construction sites are caused by falls. Most falls are preventable. OSHA is requiring that any worker who is working at a height of 6 feet or more from the ground and who is near an unprotected side or edge be protected with either or both of the following safety equipment:

  1. Fall restraint systems such as guardrails or safety nets
  2. Personal fall arrest system (PFAS) that includes full body harness, shock-absorbing lanyard vertical lifeline and a solid anchorage point.
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location of the fatal accidentA man and a woman walking on Howard Street in New York City suffered critical injury after being hit on their heads by a falling piece of fire escape on Friday afternoon.

The man, identified as 58 year old Richard Marchhart from Long Island, succumbed to his injuries a day after his hospitalization. He left behind a wife and three children: a daughter going to high school and two sons going to college.

The injured woman is a 24 year old artist who was on her way to a studio at the New York Academy of Art on Franklin Street.

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New technology, new medication and new treatments can help patients but can also be confusing to the staff and lead to medical malpractice.  Every new year brings new challenges for hospitals and doctors.  The ECRI institute just published its top 10 hospital watch list for 2018:

  1. addiction appNew prescription phone apps that help with addiction

    Last year the FDA approved reSET®, a prescription app for patients with substance-use disorders.  Relying on cognitive-behavioral therapy, the app interacts with the patient  to find out if the patient was using, to rate the patient’s craving and to rate his or her feeling. After a few weeks the app is able to turn the data into messages for the patient such as “your urge to do drugs might increase when you feel lonely”. Patients better understand what triggers their urge and doctors can use results for face to face meetings. This app was approved after the FDA found out in a 12 week trial that patients using the app stayed away from their addiction problem for much longer than those who din’t use the app.  However the app didn’t show positive results for opiate addicts and therefore the FDA didn’t approve it for patients who used opiates. The manufacturer is working on a separate app for opiate use and is running trials.

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