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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nursing homeUnderstaffed nursing homes cause patients to be neglected. The most common result is the development of bed sores or broken bones after a fall, both leading to hospitalization.

Until recently, the five star rating system published by the government  to help American families find a nursing home for their loved ones wasn’t  taking the payroll of each facility into account for their ranking. However in 2010, the Affordable Care Act required that Medicare collect and publish payroll data of nursing home instead of having the nursing home reporting their own data to the government.  Medicare found that many nursing homes were reporting numbers exaggerating staffing that were masking significant fluctuation in day-to-day staffing with huge shortfalls during the weekends.

As a result 1,387 of the 15,616 skilled nursing facilities in the country received the lowest rating, one star, for staffing after Medicare recently changed its rating.

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Virtual reality (VR) can help prevent construction accident injuries and deaths. Recently, the American Society of Safety Professionals developed a virtual reality app for fall protection training. The app provides an immersive experience where the trainee is transported on the roof of a building, has to identify hazards and select the the proper equipment and tools to execute a dangerous task. The advantage of virtual reality is that it can virtually put workers in dangerous situations and let them experience how their actions can affect outcomes without taking any safety risks. So far the app is pretty basic but as technology continues to develop, it has a great potential to become a fantastic training tool for fall prevention.

Other simulators such as welding simulators are now used by 30% of union chapters in the US. Virtual sprayers to learn how to paint have also been in use for the last 5 years saving a lot of paint and material. A virtual lift simulator was presented last year at the Iron Workers annual conference as well as a beta version of a virtual training room where several trainees can work together in the same space.  More and more unions are considering adding VR in their training programs especially now that VR providers are trying to bring the costs down.

 

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16 people died and 5,484 suffered personal injury in auto accidents in New York City during the month of July 2018. While the number of people dying in car accidents has been on a slightly declining trend over the last few years  in New York City, the number of people injured in such accidents has been on a rising trend. The total number of crashes is also on a rising trend:

  • In July  2013, 22 people died and 5,077 were injured in 19,384 crashes
  • In July 2014, 28 and 4,591 in 19,287 crashes
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A MTA bus crashed into a building in Brooklyn, NYC, injuring 6 residents. The accident occurred at the intersection of St Marks and Ralph Avenue in Crown Heights. The driver of the B45 bus was driving East on St Marks Avenue and took a too wide right turn to head South on Ralph Avenue. He struck a mailbox and a dump truck before crashing into a residential building located at the intersection of the two avenues . The bus was empty at the time of the accident but the bus driver as well as 5 other residents of the building sustained minor injuries. Thankfully no one was standing at the bus stop located in front of the building and the apartment that was destroyed by the bus was empty at the time of the accident. The neighbors were at home and the bus only missed them by inches. The Department of Building issued vacate orders for the two apartments next to the crash site.

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A 47 year old motorcyclist died in an accident in New York City on Saturday. Around 4;15 pm, Julius Holloway was driving South on Mother Gaston Boulevard in Brownsville, Brooklyn, when all of sudden a car on the northbound lane made a U-Turn onto the southbound lane right in front of him. The motorcyclist didn’t have the time to brake and collided with the car.  The car was driven by a 29 year old woman. 4 other occupants were in the vehicle including a child. The motorcyclist was rushed to the hospital but he couldn’t be saved. The car occupants were also transported to the hospital and treated for minor injuries.

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The Personal Injury Attorneys Team 9 of our Top New York Personal Injury Lawyers have been named Super Lawyers and 2 of them have been named Rising Stars. These lawyers are:

  • Ben Rubinowitz named Super Lawyer every year since 2006 and listed in the top 100 New York Metro Super Lawyers
  • Howard Hershenhorn named Super Lawyer every year since 2006 and listed in the top 100 New York Metro Super Lawyers
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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy Column in the New York Law Journal, Top New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: To be effective with cross-examination, the trial attorney must know what her objective is and how to get there. All crosses must start at the end—with what attorney intends to prove. Once the attorney knows what she intends to prove, she can use different techniques such as changing the tone of her voice, focusing the question for the witness, asking low risk open ended questions and making statements with a question at the end.

Read the complete article in the New York Law Journal

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New York Personal Injury Attorneys Ben Rubinowitz and Peter SaghirWe are pleased to announce that our partners, NYC Personal Injury Lawyers Ben Rubinowitz and Peter Saghir have obtained a record setting settlement on behalf of four young boys who were sexually abused by a worker at a local catholic church in Brooklyn.  The Diocese of Brooklyn and Queens and a local after school program will pay $27,500,000 which will be divided evenly with each boy receiving $6,875,000.  This is the largest settlement in the country paid by the Catholic Church to an individual survivor of sexual abuse.

Between 2003 and 2009, Angelo Serrano, sexually abused the four young boys who were between the ages of 8 and 12.  Serrano who was 58 years old at the time of his arrest in 2009 was a long time worker at St. Lucy’s St. Patrick’s, a Catholic church in the Clinton Hill section of Brooklyn.  Serrano served as a CCD teacher at the church and also as the Director of Religious Education.  The abuse which took place over a number of years was perpetrated inside the church and in his apartment which was located in the old school house of the church.

It was revealed during depositions that the priests in the church knew or certainly should have known that Serrano was sexually abusing children.  One priest testified that he witnessed Serrano inappropriately embrace and kiss an eight or nine year old boy on the mouth in the church office.  Despite witnessing this behavior the priest did not report this conduct, document it or even ask the child his name.

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accident sceneA pedestrian died in a car accident in the Bronx, NYC, after being struck by a drunk driver. The accident occurred Friday morning around 9:30 am. 33 year old Shakira Price, a teacher at Schuylerville Preparatory High School in the Bronx was drunk behind the wheel when she first crashed into a Kia driven by a 72 year old driver on Pelham Parkway. She sped away from the accident scene and the Kia driver started to chase her. As she was trying to get away from him, she struck Raymon Bolan, a 57 year old pedestrian who was trying to cross Pelham Parkway at the intersection of Eastchester Road. The man was transported to the hospital with trauma all over his body. He didn’t survive the accident. Price was taken into custody and later charged with vehicular manslaughter, vehicular assault, driving while intoxicated, and driving while ability impaired. Read more in the New York Post

Another pedestrian was fatally hit by a car on the FDR Drive on Saturday morning around 5:00 am. The victim, 50 year old Heward Velez of Moonachie in New Jersey, was allegedly running away from an accident that occurred a few minutes earlier. Velez was driving his Honda Civic on the northbound side of the FDR when he hit a Jeep near the 96th Street exit. Both drivers pulled over and got out of their cars to exchange information. Then Velez tried to run across the FDR. He was fatally hit by a Cadillac SUV on one of the southbound lanes.

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A  construction worker from New York died after a wall collapsed at a Brooklyn construction site last Wednesday. 47 year old Luis Almonte of Innwood was part of a crew of 6 construction workers who were digging into the ground with an excavator at a one-story building located on 39th street. The workers were preparing the ground for the construction of a new manufacturing and healthcare center. As they were digging, a slurry wall suddenly collapsed and buried Almonte.  The FDNY first responders searched for hours through the rubble assisted by a NYPD K9 Unit. A Con Edison truck designed to vacuum debris and soil was also used to assist the crews. The rain was making the search more difficult. The body of Luis Almonte was finally found on Thursday. He was pronounced dead at the scene.

The DOB is still investigating the reason for the wall collapse. The construction site had active permits and no complaints or violations.

 

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