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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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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photo__2573607_christopher_donadioWe are proud to announce that our associate Christopher Donadio has been selected by The National Trial Lawyers Top 40 under 40. The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state or region who are under the age of 40.  Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research. Chris has already taken over 40 verdicts in personal injury cases in both New York State and Federal Courts. His selection is a testament to his having immersed himself not only in his work but in his extensive studying of both the past and present top personal injury lawyers. He has represented plaintiffs at trial in all types of personal injury cases including police brutality cases, an area in which he has a particular interest and expertise. We congratulate Chris on this well deserved Honor.

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Pictures of our partner Jeffrey Bloom speaking on “Cross Examination of an Expert Witness in a Medical Malpractice Case” last week in New York City at the New York State Bar Association “Bridging the Gap Winter 2016” program. Jeff stated that not only was the seminar very successful but “I found it to be particularly rewarding to share my knowledge of over 35 years with newly admitted lawyers to help them to bridge the gap between law school and the reality of practicing law in New York State. I feel it is an obligation to give back to our legal community, especially to newly admitted attorneys.”Jeffery Bloom Lecture 2

Jeffrey Bloom Lecture

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NFL Brain Injury   The Radiological Society of North America reports that a study published in the journal of radiology found measurable changes in the brains of children after one season of participating in youth football without a diagnosis of a concussion. Christopher T. Whitlow, M.D., Ph.D., M.H.A., associate professor and chief of neuroradiology at Wake Forest School of Medicine in Winston-Salem, N.C., the lead author of the study stated “We wanted to see if cumulative sub-concussive head impacts have any effects on the developing brain.” 25 male football players between 8 and 13 years old were studied. The Head Impact Telemetry System (HITs) was used to record head impact data. Participants in the study underwent pre- and post-season evaluation with multimodal neuroimaging, including diffusion tensor imaging (DTI) of the brain. DTI is an advanced MRI technique, which identifies microstructural changes in the brain’s white matter. Diffusion tensor imaging measures what is known as fractional anisotropy (FA), of the movement of water molecules in the brain and along axons. Dr. Whitlow stated that the participants in the study “…who experienced more cumulative head impact exposure had more changes in brain white matter, specifically decreased FA, in specific parts of the brain.” He stated further research is needed to determine the significance of these findings. Read the RSNA Press release here.

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On November 17, 2016, Orlando Savino was hit by a four door sedan while walking across Neried Avenue at its intersection with Richardson Avenue in the Bronx, NYC. The car accident occurred at approximately 10:30 a.m. The pedestrian was found unresponsive by the police. He was pronounced dead at Jacobi Medical Center. Video at the scene depict the driver of a black Ford Fusion driving south on Richardson and turning left onto Neried where he hit Mr. Savino. He then fled the scene. Anyone with information regarding this incident is asked to call the NYPD’s Crime Stoppers Hotline at (800) 577-TIPS (8477) or (888) 57-PISTA (74782) for Spanish. Tips can also be submitted on the Crime Stoppers website at www.nypdcrimestoppers.com or by texting their tips to 274637 (CRIMES) then enter TIP577. Read more in Bronx Times.

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At around 4:00 am Sunday morning Kevin Melgar, 23, was driving his 2004 Infiniti on Sunrise Highway against traffic. He apparently was speeding for approximately 7 miles the wrong way when he crashed into a van operated by 49-year-old Ozcan ‘John’ Ayyildiz which was proceeding the right way. Both drivers were killed as a result of the impact. According to ABC News Ayyildiz was a flower deliveryman, and was on his way to work when the wrong-way car slammed into his van. He is survived by his wife and 3 daughters. 25-year-old Johnathan Valladarez was a passenger in the Infinity. He was taken to the hospital in critical condition. While the police were investigating the accident a street sweeper drove thru the closed area of the accident striking 2 police cars. Fortunately none of the officers suffered serious injuries. The car accident is under investigation. Read more at ABC News.

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In Newmaker v. City of Fortuna, et. al.,Docket #14-15098, The 9th Circuit Court of Appeals reversed The District Court’s granting of summary judgment for the defendants in this action predicated on 42 U.S.C. § 1983. The plaintiffs claimed that Maxwell Soeth, a City of Fortuna police officer, used excessive force during an attempted arrest when he fatally shot Jacob Newmaker. Soeth claimed that he shot Newmaker because he grabbed Soeth’s  baton. Soeth testified that Newmaker was standing and swinging the baton at the head of his fellow officer at which time he shot him. He further testified that Newmaker after being shot fell to the ground and that Newmaker was getting back up swinging the baton at which time he shot him again. The Court concluded that both the autopsy and a dashboard camera contradicted his testimony and raised an issue of credibility and that summary judgment should not be granted in Section 1983 actions which turn on an officer’s credibility which is  genuinely in doubt. The Court pointed out that the autopsy findings “…can be explained only by Newmaker having been turned away from Soeth, bending over, and low to the ground in both shots…” This, the Court stated clearly contradicted Soeth’s testimony that Newmaker was standing up swinging the baton when he was first shot or attempting to stand up while still swinging the baton when he was shot again. The video, the Court stated also contradicted Soeth’s testimony. Although of poor quality, it appeared to show that Newmaker who had been tasered multiple times had already fallen to the street when he was shot. The Court thus held that officer Soeth was not entitled to Qualified immunity as there were material issues of fact including both officers credibility which were for a jury to decide. Read Full Opinion here.

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In Raplee, Jr. V. United States The U.S. Court of Appeals for the Fourth Circuit, :Docket#14-1217, plaintiff initially filed a medical malpractice claim with Maryland’s alternative dispute resolution agency within the Federal Tort Claims Act’s (FTCA), 28 U.S.C. 2671 et seq., limitations period. However, plaintiff did not file a complaint in federal court until well after that period had passed. The district court dismissed the complaint as untimely. The court concluded that, because an “action is begun” under the FTCA only by filing a civil action in federal district court, plaintiff’s claim was untimely. The court also concluded that plaintiff failed to demonstrate that any extraordinary circumstances warranted equitable tolling. Accordingly, the court affirmed the judgment.  Read Opinion here.

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In Suarez v. W.M. Barr & Co., Inc. Docket#15-3602, a Product Liability case Juan Suarez purchased Professional Strength Goof Off to remove paint from a concrete basement floor; its primary active ingredient is acetone, which is extremely flammable and evaporates quickly at room temperature. The can contained warnings in English and Spanish and instructed users who wanted to remove concrete stains to “[a]pply directly. Agitate with brush.” Juan claims that he read most of the warnings and opened a window and two doors to the outside. It is unclear whether he turned off pilot lights for two water heaters and a furnace in a separate portion of the basement. While Juan was using a broom to spread the product, a fire erupted and severely burned his face, head, neck, and hands. Juan sued. The district judge rejected his claims on summary judgment. The Seventh Circuit affirmed rejection of a failure‐to‐warn claim. The warning label adequately identified the principal hazards and precautionary measures to be taken while using the product. The court reversed rejection of the design defect claims under both strict liability and negligence. Juan adequately established that the fire may have been caused by static sparks created when Juan agitated Goof Off with a brush as the label instructed. A genuine factual issue exists as to whether an ordinary consumer would expect a fire to erupt under these circumstances, whether this risk outweighs the product’s benefits, and whether the manufacturer should have known that agitation could create static sparks sufficient for ignition. Read Full Opinion here.

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New York Personal Injury lawyer Anthony Gair photo__2573607_christopher_donadioOur NY personal injury law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1.4 million settlement in a bus accident that occurred in Manhattan.

The case involved a bus collision that occurred on May 15, 2015 on the West Side Highway (11th Avenue). On that date, the plaintiff, who was on a bicycle attempting to cross the roadway, was struck by a large tour bus. At the time of the collision, the plaintiff was riding within the bicycle crossing lane and had the right of way per the light. Following the collision, a police officer arrived on the scene and spoke to a number of witnesses. Based on the witnesses, the police officer determined that the tour bus had traveled through a red light and struck the plaintiff.

An action was brought against the tour bus company that owned and operated the bus, as well as against the bus driver. The defendants initially denied that they were responsible for the collision, and argued that even if they were, the plaintiff was also responsible for failing to see the bus before attempting to cross the roadway.

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