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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fatal truck accident locationA woman was fatally struck by a truck in New York on Friday afternoon. The 57 year old pedestrian was crossing 39th Street and 10th Ave when she was hit by a truck. The truck driver was travelling North on 10th Ave and was making a left turn on 39th street (see picture) when the accident happened.  The driver identified as 28 year old Clyburn Rance stayed at the scene of the accident. He was later arrested by the police.  He was charged with failure to yield to a pedestrian, failure to exercise due care, and failure to adhere to the highway law.

At the beginning of November, a campaign entitled “Dusk and Darkness” was launched in New York City to inform drivers and pedestrians about the increased risk of accidents during fall and winter darkness. During the 3 months following daylight saving time, twilight sets around 4:30 pm in New York City.  Between 5:00 pm and 7:00 pm when most commuters are coming out of work, the streets are already dark. The risk of accidents increases as visibility decreases and a higher number of pedestrians hit the streets of New York City.  Recent statistics show that 6 out of 9 pedestrian accidents during the 3 months following daylight saving times occur after sunset.

The intersection of 10th Ave and 39th street is extremely busy on Friday around 5:00 pm as it is located next to the entrance to the Lincoln Tunnel to New Jersey.

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161 Avenue in Howard Beach Queens, NYC is a quite residential street
3 people were injured in a car accident in New York City on Friday. A 47 year old woman who tried to avoid a collision with another car crashed her SUV into the wall of a Howard Beach House in Queens. A little girl was in the car with her. Both suffered minor personal injury and were treated at the scene of the accident.

A man living in the house was seriously injured by the impact and the debris and was transported to the hospital. He suffered head and shoulder injuries.  The SUV crashed into the wall of the house and went inside it. A big portion of the garage and basement of the house were completely destroyed during the accident.

Read more and see video on ABC News 

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Domino_Sugar_refineryA construction worker fell to his death in New York City on Friday morning around 8:00 am. 59 year old Wilfredo Enrique was working on the facade of  a new residential development when he fell to his death.  Enrique was employed by Two Trees Management and was working on the construction site located on the old site of the Domino Sugar Factory in Brooklyn. After the accident the site was closed and investigators were working on determining the exact cause of the fatal accident.

According to the most recent complaints reported on the NYC Department of Building website, the scaffold didn’t meet the building safety code standard. The worker fell approximately 4 floors from the master climbingwork platform, after Two Trees Management failed to safeguard the platform.  Since the construction started 41 complaints have been filled. The Department of Building issued a total of 27 violations, most of them immediately hazardous. 3 of them were still open at the time of the accident. Among the open violation were the use of rigging equipment by a non licensed rigger and the failure to safeguard all persons and property affected by the construction operations.

The accident occurred just a few weeks after the death of two other NYC construction workers in Queens (see previous blog). According to Union representatives, Enrique is the 29th construction worker who died over the last two years in New York City. The boom in the construction sector in New York has led to an increase in construction jobs in the city. In 2015, the New York Building Congress recorded 138,200 construction jobs, the highest in 40 years.

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Building at 720 Hunts Point2 sisters died from burns after a radiator exploded in their apartment in the Bronx, New York City. 1 year old Scylee Ambrose and 2 year old Ibanez Ambrose were sleeping in their bedroom when a radiator valve blew off. The entire room quickly filled with hot steam. The two girls were rushed to the hospital but they couldn’t be saved.

The explosion occurred wednesday afternoon in a building located at 720 Hunts Point Avenue in the Bronx. The building shelters 5 homeless  families. It is run by the Bushwick Economic Development Corp. As part of a city program called cluster-site, five families are living in this building. The rent is paid by the city until the families can find permanent housing. The cluster-site program has a bad reputation. Many of the units housing families in this program are among the worst maintained and the most poorly monitored properties among all NYC shelters. Last year a report published by the Department of Investigation found “a lot of dangerous conditions at clusters”.

The building in which the accident happened has received 60 complaints form the Department of Buildings.

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location of the accident 6th Ave and 47th StreetA woman riding her bike was hit by a van in Midtown Manhattan. The 56 year old woman was riding a Citi Bike near the intersection of W. 47th street and 6th Ave around 9:30 am yesterday morning. The van driver hit her and continued his way dragging the mangled bike under his vehicle. Two counter-terrorist cops saw it and immediately ran to the rescue.  While one of the cops was chasing down the van, the other one took care of the victim.  The woman suffered a very bad injury to her legs. According to witnesses, bones were visible in the knee area. The driver stayed at the scene of the accident. It is not clear why he didn’t stop immediately after hitting the woman. So far he hasn’t been charged.

Read more in the NY Daily News 

Picture: the busy location of the accident, courtesy of Google Maps

 

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constructionLast September we wrote a blog about a third of NYC construction accident deaths not being counted or investigated by the city. After Crain’s reported this continuing problem, Mayor de Blasio acted in a very nonchalant manner and brushed off the issue. Unions workers were outraged by his attitude.

Among the multiple deaths that the city didn’t count or investigate last year was the death of Alton Louis, a construction worker employed by CRV Precast. Alton Louis collapsed and died during the summer of 2015 after the subcontractor failed to implement a heat stress program and had him working a full shift during a day when the temperature reached 105 degrees. CRV precast was cited by OSHA for the death of the construction worker, but neither the NYC Department of Buildings nor the NYC Department of Investigation investigated the company. CPR was fined $6,300 by OSHA for the death of Alton Louis while the City looked the other way.

Two weeks ago, two construction workers died in Queens (see previous blog). Crain’s reported that one of these construction workers was employed by CVR Precast. The other hard hat who died worked for a firm subcontracted by CVR Precast.

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medical malpracticeMedical Malpractice cases in New York are often very complex. Because the cases are too complex for a non-doctor to determine if the patients was the victim of a medical malpractice, the testimony of a medical expert is required for almost every medical malpractice case to go to the jury. However in some very rare cases in which the medical malpractice is “obvious”  medical expert testimony may not be necessary.

In a recent NYC medical malpractice case, a patient won his medical malpractice case without presenting  medical expert testimony. The patient sustained burns after his orthopedic surgeon inadvertently left a hot mallet on his left thigh and abdomen during an arthroscopic surgery. The patient sued the surgeon and his practice group for medical malpractice. After the surgeon admitted in his deposition that he had committed an error, the patient moved for partial summary judgment on the issue of liability. The surgeon submitted an affidavit that attempted to explain that despite his deposition, the operating room staff was ultimately responsible for the error. The court found the surgeon’s argument unavailing and partial summary judgement was granted to the plaintiff by the Bronx Supreme Court as to the surgeon only.

In Legakis v. New York Westchester Square Medical Center,et.el., 2016 NY Slip Op 07843, the Appellate Division, First Department, modified by also granting partial summary judgment on the issue of liability against the orthopedic surgeon’s practice group, and affirmed. The court held that the trial court did not err in granting partial summary judgment on the issue of liability against the orthopedic surgeon and partial summary judgment on the issue of liability should also be granted against the orthopedic surgeon’s practice group. The plaintiffs did not rely on res ipsa loquitur relying on the defendant’s deposition testimony and medical records. The Court held “…this is the rare case in which the ‘prima facie proof is so convincing that the inference of negligence arising therefrom is inescapable and unrebutted,’ so that summary judgment on liability is proper (Thomas v New York Univ. Med. Ctr., 283 AD2d 316, 317 [1st Dept 2001] [internal quotation marks omitted]).”

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New York Medical Malpractice Attorney Mariojo AdimeyOur firm is proud to announce that New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $1.27 million verdict in a colonoscopy case in Brooklyn, New York City.

The plaintiff, Lola Heifetz (63), went to Dr. Robin Baradarian and The Brooklyn Gastroenterology and Endoscopy, PLLC on September 26, 2010 for a routine screening colonoscopy. Ms. Heifetz, of Ukraine descent, emigrated to the United States over thirty (30) years ago. She learned English, became a U.S. citizen, obtained her lab technician certificate, and started working as a lab technician at Maimonidies Medical Center. She worked at Maimonidies Medical Center for almost thirty (30) years until the day of the colonoscopy.

A colonoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the inside of the colon and identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube is used to examine the inner lining of the large intestine, i.e. the rectum and colon. The scope is inserted into the anus, through the rectum and then passed through the entire large intestine to the cecum. Passage of the colonoscope through the intestine is incredibly important, as improper handling of the scope could cause injury to not only the bowel itself, but vital organs outside the bowel including the spleen.

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Daniel+Pollack-1In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City & Cameron R. Ghetto, Esq. discuss the dilemma of whether a department of human services employee who is sued is entitled to their own attorney. They point out that of critical importance is the type of claim asserted. Is it predicated upon negligence? Is it an intentional tort? They point out that  given the unique nature of each lawsuit and the laws that apply, no one prescription applies to all situations. The following topics are covered; When Employees Should Request their Own Attorney? Financial Considerations; When the Government is Likely to Provide Counsel for an Individual Employee; Conflict Waivers; Ethical and Substantive Legal Considerations. They conclude that “An attorney may represent multiple clients if their interests are not directly adverse to each other. However, the attorney must explain any circumstances that might cause a client to question the attorney’s undivided allegiance. Similarly, if there are questions of conflict of interest the attorney seeking to undertake the representation must satisfactorily resolve them. During litigation, many states allow the court to raise the question if it believes the attorney has failed to do so.” Read Complete Article. Deciding when to assign separate counsel to public service agency co-defendants.

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accident sceneMore Pedestrians and Bicyclists have been killed in car accidents in NYC at this point in 2016 than in 2015. Through November 20th 124 pedestrians have been killed. 17 bicyclists have also suffered fatal injuries. For the same time period in 2015 115 pedestrians were involved in fatal accidents and 14 bicyclists were killed. Interestingly the death rate for those in cars and on motorcycles decreased this year to 61. At this point last year the number of such deaths was 73. Brian Zumhagen of Transportation Alternatives commented that these statistics indicate that the Vision Zero project is not sufficiently protecting those who are most at risk and that the City needs to fix those areas which have already been classified as hazardous Vision Zero priority locations.   The stated mission of Transportation Alternatives is to promote bicycling, walking and public transit in NYC. Read more in The New York Daily News.

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