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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Construction_workers_not_wearing_fall_protection_equipmentContractors who failed to protect construction workers from fall accidents and contractors who didn’t follow excavation and trenching safety rules were the ones hit with the biggest OSHA violations. Before Trump was elected, OSHA used to publish a high volume of press releases “shaming contractors” for violating safety rules. The number of press releases decreased but the penalties are among some of the highest OSHA has ever proposed. However many of them are negotiated down. Here are the top 10 recent largest fines:

  1. $1,523,710 for Great White Construction in Jacksonville, Florida related to fall protection and eye hazard violations. This commercial and residential roofer was cited 22 times for the same violations before being fined.  OSHA also listed the contractor in the Severe Violator Enforcement Program.
  2. $1,475,813 for Atlantic Drain Service Co. in Boston, Massachusetts.  This fine is related to an accident during which two construction workers died after a trench collapsed on them. Atlantic was cited for 18 safety violations and a new regulation was created that requires contractors to disclose their safety history when applying for a building permit in Boston. The owner of Atlantic was charged with manslaughter.
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DWIAn intoxicated driver lost control of her vehicle and crashed into a busy Weschester restaurant injuring multiple people including 4 critically. The tragedy occurred at Enzo, a popular Italian restaurant in Mamaroneck on Sunday night around 8:00 pm.

79 year old Roseanne Cassano of Yonkers just had diner at Enzo with a friend and both women left the restaurant and got into Roseanne’s car that was parked in a handicap parking space. According to witnesses, the women stayed in the car for almost 10 minutes before Roseanne started to back up. The video below shows the driver trying to exit the parking space, first clipping a car before crossing the street in reverse and crashing into the restaurant.  The intoxicated driver injured 9 people including 4 critically.

When the police arrived, the woman refused the voluntary alcohol test and the police had to get a court order. She is due back in Court on Thursday after being released on bail.

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In a previous post we mentioned that a pedestrian was fatally struck by a garbage truck belonging to Sanitation Salvage two weeks ago in the Bronx. Leon Clark, a man in his 70ies who was living in Adams Houses was walking on E. 152nd St. near Jackson Ave in Morrisiana when he was fatally struck by a private garbage truck driven by 33 year old Sean Spence. It is the second time in less than 6 months that Spence killed a pedestrian while driving his truck.

On November 7, Spence was driving his truck when he fatally ran over 21 year old Mouctar Diallo, an off-the books employee who was helping him. Diallo was standing on the the steps leading to the passenger’s door when he lost  his grip,  fell under the truck’s rear wheels and died. Spence initially lied to the police and claimed that the victim was a crazy homeless man who tried to jumped on the side of his truck.

Sanitation Salvage has a history of safety violations

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New York Construction Site with protection against fallFalls are the main cause of deaths in the construction industry. Each year more than 200 hard hats die and more than 10,000 are seriously injured in fall accidents. The National Safety Stand Down Week aims at reducing falls from scaffolds, ladders and roofs by encouraging contractors and anyone working in the construction industry to take 3 simple but efficient measures that can prevent these fall accidents.

Many accidents can be prevented

  • by planning ahead how to execute the task safely
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Two months ago Dorothy Burns ran a red like, killed two young children and injured 3 pedestrians in a horrific accident in Brooklyn, NYC (see previous blog). The 2 children were 20-month-old Joshua Lew and 4 year old Abigael Blumenstein, the daughter of  Tony award actress Ruthie Ann Miles.  Burns was indicted by a Grand Jury last Wednesday and was charged with manslaughter, assault and criminally negligent homicide. Burns had a history of reckless driving. Since 2016 she accumulated 12 driving violations from speeding in school zones and running red lights. Burns  suffers from multiple sclerosis and it is unclear why she was still allowed to drive at the time of the accident. Her license is now suspended.

Read more in the Daily Beast

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New York Medical Malpractice Lawyer Jeffrey BloomNYC personal Injury lawyer Richard SteigmanOur partner, New York Medical Malpractice Lawyer Jeffrey Bloom, will be the Program Chair of the “Failure to Diagnose Breast Cancer” seminar organized by the New York State Bar Association.  Richard Steigman who is also a partner at our firm will be a speaker and will provide an Overview of the Governing Laws related to such cases.

During this seminar participants will learn how to handle the failure to diagnose breast cancer medical malpractice case. Featuring nationally recognized medical experts in oncology and cancer detection, the morning session will cover the diagnosis, prognosis and treatment of breast cancer and provide attendees with an understanding of the medical background necessary to handle these cases. During the afternoon portion of the program leading medical malpractice trial attorneys will present an overview of case selection, trial strategies and the art of explaining technical medical concepts to jurors.

Don’t miss this opportunity to learn more about this area of law.

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Hit and Run Crashes by State2,049 people died in 1,980 fatal hit and run crashes in 2016 in the US according to a study recently released by the AAA Foundation for Traffic Safety. This is the highest number of fatal hit and run crashes ever recorded in the US. Among the 2,049 people who died in these accidents, 1,229 of them were pedestrians, 169 were cyclists, 380 of them were drivers and 229 were passengers. Since 2009 hit and run crashes increased by an average annual rate of 7.2% per year.

New Mexico, Louisiana and Florida have the highest rate of fatal hit and run crashes per 100,000 people while New Hampshire, Maine and Minnesota have the lowest rate.

Almost 60% of the victims of fatal hit and run are pedestrians with elderly over 80 year old and children under 6 being 50% more likely to be a victim of such accidents. Gender is also a factor. 70% of pedestrians dying in a hit and run accidents are male.

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accident sceneAn elderly woman died and her husband is in critical condition after both got hit several times in a freaky car accident at a Brooklyn car wash in New York City.

Tuesday afternoon around 3:00 pm, an elderly couple brought their car to a car wash located next to the Mobile gas station on Avenue U and Gerritsen Avenue in Marine Park.  As their car was coming out of the car wash it was hit by a black Jeep that had been left in neutral. The elderly couple were inspecting the damages on their car when a 61 year old employee of the car wash got behind the wheel of the black Jeep. He backed the Jeep up in the garage and hit a wall of the building, then for some unknown reason he drove forward speeding, striking the couple and crashing into their car. The impact was so strong that the couple’s car then crashed into two other parked cars across the street. The car wash employee then backed up again and drove forward again striking the woman for the second time. He repeated the same back and fourth maneuver for a third time before car wash employees were able to stop him and get him out of the car. The 85 year old woman identified as Joane Tornabene died at the scene of the accident. Her 90 year old husband, Frank Tornabene was rushed to the hospital in critical condition. The police are still trying to figure out the reason why the car wash employee behaved so erratically.

This is the second time in a week that someone was struck by a vehicle at a NYC car wash. A car wash worker lost his leg on Saturday in Queens . The man was wiping down a vehicle when he was struck by another car driven by a co-worker.

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NYC Traffic fatalities by mode before and after Vision ZeroSince Vision Zero started in 2014, NYC traffic fatalities decreased by 28% while nationally they went up by 15%. According to the Fourth Vision Zero Annual Report that was recently released by the de Blasio Administration, the decline was the strongest in pedestrian deaths. They went down by 45% since the program was launched in 2014.

STREET REDESGIN

Last year, under the Vision Zero umbrella, the city installed 832 additional Leading Pedestrians Intervals (LPI). 24.9 miles of protected bike lanes were built leading to a total of more than 60 miles of protected bike lanes in the City. Left turn calming treatments were placed at 110 intersections. 390 speed bumps were also created all over the five boroughs.

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Personal Injury Attorney Christopher DonadioOur NY and NJ personal injury attorney Christopher J. Donadio has been invited to lecture at the New Jersey Association for Justice’s annual Boardwalk Seminar, on Wednesday, May 9, 2018 at 12 p.m. at Harrah’s Resort in Atlantic City, NJ. Mr. Donadio’s lecture, entitled “Helping the Jury Understand Damages,” will be a part of “The Medicine for Lawyers: the Missing Damages” continuing legal education program.

Too often, jurors fail to fully appreciate the harm that injured plaintiffs have suffered because they equate what has happened to the plaintiff to their own, less severe experiences.  As a trial lawyer it is imperative to ensure that the jurors consider what has occurred specifically to the injured plaintiff and not anyone else. This lecture will teach various techniques on how to educate the jury on the relevant anatomy, how to provide extreme detailed descriptions of the injuries, how to creatively use diagnostic films, and how to use detail intensive medical illustrations, to focus the jury on the harm suffered by the plaintiff, and prevent the jury from deciding damages based on their own experiences. The lecture will provide examples of these techniques from recent trials.

To register for this lecture, please click here

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