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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A 13 year old boy died in a bicycle accident in New York City last Friday. Kevin Flores, was fatally struck by an unlicensed truck driver at the intersection of Jefferson Ave and Lewis Ave last Friday a little bit before 6 pm. Emergency responders found Kevin lying on the road with critical head trauma. He was rushed to the hospital but he couldn’t be saved. The driver of the oil truck, 28 year old Philip Monfoletto of Deer Park, Long Island, NY, drove for one block before someone told him he had hit the cyclist. The police found out that not only Monfoletto was driving with a suspended license, it was the seventh time that Monfoletto’s license had been suspended. Monfoletto was also arrested several times including once for driving with a suspended license and also for marijuana possession as well as stabbing someone in the arm.

Monfoletto was driving an oil truck belonging to M&M Oil, an owner-operated company with a single vehicle and registered at Monfoletto’s home address. It is extremely concerning that Monfoletto was able to continue to operate an oil truck despite his history.  (Read more in NYC Streetblog)

In a press conference on Sunday, Brooklyn Borough Presidents Eric Adams and City Council members Antonio Reynoso and Robert Cornegy Jr. called for tougher criminal penalties for unlicensed drivers and the companies that hire them. In New York drivers who are busted with a suspended license receive a fine of $450 if it is the first time, $750 if it is the second time and $1,500 if it is the third time.  Currently, it is only a felony for drivers if they have 10 suspensions on their licenses  According to Adams these laws are just a complete mockery. They are antiquated and do not fit the actual times. The Brooklyn Borough president is urging Mayor de Blasio to explore regulatory actions to improve the situation. (Read more in the NY Daily News).

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New York Medical Malpractice Lawyer Jeff Bloom with client Lissy McMahonThe NY Medical Malpractice Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhornm, Steigman & Mackauf are happy for the family of our client Lissy McMahon.  New York Governor Cuomo and the state legislative leaders announced that the Governor will sign Lavern’s Law on Tuesday. With the help of our Medical Malpractice Attorney Jeffrey Bloom, Lissy a mother who was misdiagnosed with cancer after the statute of limitations had passed, relentlessly pushed for the passage of this Law. Lavern’s Law moves the starting date of the statute of limitations to the date of the discovery of the misdiagnosis instead of the date the when the misdiagnosis occurred.  Sadly Lissy passed away before the signing of the law. She left behind a 15 year old son (read more in our previous blog).

Jeffrey is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles he pushed relentlessly for the passage of the law.

After Cuomo announced that he would sign Lavern’s Law, the family of  Lissy McMahon released the following statement:

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accident scene3 pedestrians were seriously injured in an accident in New York wednesday morning around 10:00. They were struck and rolled over by a postal truck backing up in the crosswalk.  The USPS truck was parked on First Ave just in front of the crosswalk at the intersection of 37th Street.  As pedestrians were crossing the street, the driver backed up into the crosswalk and struck three of them. The driver continued to back up and rolled over them without realizing what just happened. According to the NY Daily News, the driver didn’t see the pedestrians because they were in his blind spot. He kept on rolling over them because he thought there was a bump on the road.

The 3 pedestrians were rushed to the hospital. They were in a lot of pain but all 3 of them were conscious. The driver of the truck remained at the scene of the accident and was given a summons by the police.

 

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Are car accidents up or down on Corona’s 111th Street since the DOT  redesigned the street? They are up says Community Board 4. Nope, they are down says DOT boss Polly Trottenberg.

On January 11th the Queens Chronicle published an article saying that car accidents had been on the rise on Corona’s 111th Street since the Department of Transportation had redesigned the street this summer. The article mentioned that between August 1st and November 20 2017 49 crashes were reported on 111th street compared to 38 for the same period the year before. Already a month before the publication of this article, the community board 4 had sent a letter to Queens Commissioner Nicole Garcia to express their concerns. In the the letter the CB4 was asking the DOT to revisit the design of the street because they didn’t believe it was making the street safer and was reducing the number of accidents.

On Thursday, Polly Trottenberg personally replied to the CB4 attacks in an opinion in the Queens Chronicle.  According to Trottenberg, the CB4 is looking at statistics that are covering the complete length of 111th street (in yellow on the picture) while they should focus on the official project area which is from 43rd Avenue to Corona Ave (between the two red signs on the picture). In this exact area the number of accidents recorded from September 1st to November 30th decreased by 4 from 16 to 12 between 2017 and 2016. Therefore Trottenberg insists that the street redesign is making  the street safer.

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After 13 people died and 4 were critically injured in a fire accident in New York City, the FDNY  reminds New Yorkers that a simple move can save lives. If you are fleeing a room on fire, shut the door behind you! In apartment buildings this simple action can prevent the fire from spreading to hallways and stairs. In houses, closing a door can save the whole structure. Above all all it can prevent others from being injured or from dying.

Last month, a fire started in the kitchen of an apartment located at 2363 Prospect Ave in Belmont. A young mother was in the kitchen and ran away leaving the kitchen door opened behind her. This allowed the fire to spread upstairs and then throughout the entire building. 12 people died in the fire including four children. 4 other people were critically injured. Among them was a man who died from his injuries a few days later. The FDNY believes that if the kitchen door had been closed, the deaths and injuries may have been prevented.

If you find yourself in a situation were you have to flee from a fire just remember one thing: Close the Door!

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New York Medical Malpractice Lawyer Ben RubinowitzOur partner, Ben Rubinowitz, a nationally regarded plaintiff’s lawyer, recently lectured at the Winter Urologic Forum sponsored by Columbia University, Vanderbilt University, and University of California Davis.

One of the main topics in his talk focused on the issue of Concurrent Surgeries, or what is commonly referred to as Simultaneous Surgeries.  Although many teaching hospitals throughout the country participate in this practice, Rubinowitz made clear that it is not in the best interests of the patient to have the doctor leave the operating room while treating one patient to attend to another.

Although the Journal of the American Medical Association (JAMA) recently suggested that Concurrent Surgeries were safe for patients, Rubinowitz challenged that study.

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schoolbusA reckless school bus driver hit an 11 year old boy as he was on his way to school early Tuesday morning. The accident occurred on Sutphin Boulevard near Liberty Avenue in Jamaica, Queens at 6:50 pm. 60 year old Marc Saget struck the boy and continued to drive without noticing what just happened. He was stopped not far away from the accident and charged with failure to yield to a pedestrian and failure to exercise due care.  The 11 year old boy was transported to the hospital with a bump on his head as well as scratches and bruises

A few minutes later in Manhattan another school bus hit a 56 year old pedestrian. The woman was crossing West 124th Street at the intersection of Lenox Ave when the accident occurred. She suffered serious injury and was rushed to the hospital. The police are still investigating what caused the bus driver to hit the pedestrian

Read more in the NY Daily News

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A 33 year old construction worker died after falling in an elevator shaft in New York. The accident occurred on 24th Street near Park Ave in Gramercy Park. Ju Cong Wu wasn’t attached to the safety line when he felt 100 feet down an elevator shaft. The man was working for U-Tek elevator and was part of a team that was installing an elevator car in a 12-story hotel project. Workers told the NY daily News that the site was non-union and that they didn’t know what caused the accident. The New York City Department of Buildings issued a stop-work order and launched an investigation. A total of 17 complaints about the site were filed last year. Among them there were two safety complaints in August, another complaint in April mentioned workers were not wearing safety equipment. In March another complaint was filed about insecure debris flying off the building. Ju Cong Wu is the first construction worker to die in New York City this year. Last year 12 workers died on construction sites in the city.

The same day a man who was renovating window fell to his death on Tuesday around 2:55 pm. 26 year old John Davie was doing some construction work with his father and another man in an apartment located on the sixth floor of a building on Saunders Street near 62nd Drive in Rego Park, Queens. John was working on the renovation of the window when he fell out of it. His father could only watch in horror and his mother collapsed outside of the building 10 minutes later after her son succumbed to his injuries.

 

 

 

 

 

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Defective Panasonic TVA potentially defective tabletop swivel stand sold with a 55-inch flat screen TV  was recently recalled by Panasonic. The Panasonic 55-inch, LED/LCD flat screen televisions with a tabletop swivel stand is a model that was sold to schools, government buildings and hotels from July 2012 through March 2014 .  The mounting screws that connect the stand to the TV can become loose and the TV can unexpectedly fall off the stand. This pose a risk of severe injury or even deaths to children.

If you see one these TVs on a swivel stand at your child’s school, at work or in a hotel please inquire if it was recalled and repaired. If it wasn’t please make sure that the  TV is detached from the stand and placed in a safe location before calling Panasonic for a free repair kit.

Panasonic indicates that so far nobody was injured.  755 models have been sold in the US and 130 in Canada. The TV is black with Panasonic printed in the front and the swivel stand is in a glossy black color and is 50 inches long. The model number for the television is TH055LRU50. It can be found on a tag on the back of the television.

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5,190 workers suffered fatal injury on the job in 2016, an increase of 7% compared to the 4,836 fatal injuries recorded in 2015. This is the first time since 2008 that the annual number of fatal work injuries is above 5,000. The fatal injury rate was on the rise as well with 3.6 per 100,000 full-time workers being injured on the job compared to 3.4 in 2015.fatal work injuries 2016

Almost half of the fatal work injuries occurred during transportation events. Among the 2,083 workers who suffered fatal injury in a transportation accident, 1,252 died in roadway accidents involving motorized land vehicles, 342 were pedestrians struck by a vehicle, 245 were involved in accidents involving motorized land vehicles, 130 in accidents involving an aircraft, 50 in accidents involving a rail vehicle, 48 in accidents involving a water vehicle and 16 in accidents involving animal transportation or pedal vehicle.

866 workers died from violence or other injuries by persons or animal. Violence at the workplace is the second most common cause of  fatal work injuries.  It increased by an alarming 23% last year.

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