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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skateboardA skateboarder died after being struck by a bus in New York City last Friday around 6:30 pm. 25-year-old Kevin Zeng was on the sidewalk of the Union Turnpike near Grand Central Parkway in Forrest Hills, Queens, when his skate board rolled into traffic. The young man ran after it. The skate board rolled into the path of a oncoming MTA bus and Kevin ran behind it. According to the NY Daily News, the bus driver saw him and tried to swerve to avoid him but it was too late.  Kevin was struck by the passenger side of the bus. The victim was rush to the hospital where he later died from his injuries, The bus driver stayed at the scene of the accident and wasn’t expected to be charged.

Another skateboarder died this week-end in New York. 18-year-old Alejandro Tello died yesterday at the hospital after he was hit by a hit and run driver. The accident occurred at the intersection of Avenue T and West 10th Street in Gravesend, Brooklyn. The driver was making a right turn when he hit the skateboarder. He drove over his body and didn’t stop. He just sped away leaving behind the teen dying on the street. Witnesses to the accident ran to Alejandro to try to help him. Another car pulled into the middle of the road to protect him from being hit by traffic. He was rushed to the hospital with severe head trauma. He didn’t survive his injuries. The police found the white BMW SUV two miles away from the scene of the accident but so far no suspect was arrested. Alejandro Tello lived in the neighborhood. Residents interviewed by CBS couldn’t believe that the driver never stopped to try help the skateboarder after he hit him. Others said that they previously saw the white BMW driving around the neighborhood during the day.

Picture: Courtesy of Pixabay

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A construction worker suffered critical personal injury while working on the top of an office building in Manhattan last Tuesday afternoon around 1:30 pm. For  some reason that is still being investigated the construction worker was zapped by high voltage electricity. The man was working on the rooftop of a 29th floor landmarked office building located on Park Avenue near East 32nd Street when the accident occurred.  He was transported to the hospital in critical condition. ( Read more in the NY Daily News)

Last week another construction worker was seriously injured at the Brooklyn Navy Yard according to DNA. The accident occurred at a dry dock located at 63 Flushing Ave around 10:30 am last Thursday. The hard hat was transported to the hospital. He is now in stable condition.

The construction boom in New York City has led to a dramatic increase in construction accident injuries and deaths over the last few years, the majority of them occurring at construction sites hiring non union workers. Mayor Bill de Blasio is working on a proposal to increase training for all construction workers in an effort to decrease accidents on construction sites (see previous blog)

 

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Two people were critically injured in a car crash in New York early Wednesday morning. A reckless driver who was speeding north on Third Avenue blew a red light and crashed into a tractor trailer truck belonging to the New York City Department of Transportation. The impact was so strong that a taxi parked nearby was also hit and damaged. The taxi driver suffered serious injury and was taken to the hospital.  The driver and the passenger of the speeding car suffered critical injury. Their car was completely mangled and the FDNY had to cut the top of the car off to extricate them. They were rushed to the hospital. The driver is now in stable condition but the passenger is still clinging to his life. The truck driver wasn’t injured according to the police. Read more in the NY Daily News

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AirbagTakata just recalled an additional 2.7 million vehicles that may have a defective airbag. The recalls affect Ford Mazda and Nissan models from 2005 to 2012 that have a PSDI-5 PSAN airbag inflator. These types of airbags are only installed on the driver side. The PSDI-5 PSAN airbag inflators are a different type of airbag than the type of airbags recalled in the past by Takata.

The PSDI-5 PSAN airbag inflator is a desiccated inflator. Desiccated inflators contain calcium sulfate the purpose of which is to prevent the ammonium nitrate inside the airbag to deteriorate in case of humidity or high temperature. The ammonium nitrate is the most important component of the airbag. It inflates the airbag in case of  an accident. If the ammonium nitrate deteriorates, the airbag may not inflate proprely and may explode causing potential injury or death to the car driver and the passengers.

In its report to the National Highway Traffic Safety Administration (NHTSA) Takata indicates that the PSDI-5 PSAN airbag inflator posed a potential risk to the car occupants. When testing the inflator, Takata found that the amonium nitrate used to inflate the airbag was showing signs of deterioration and could lead to a breakage over time. However Takata  also indicates that so far in all the testing conducted none of the inflators tested broke off.

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The police are still looking for a hit and run driver who almost killed a pedestrian in New York. The 36-year-old man was crossing Riverside Drive at the intersection of West 155th Street when a speeding car hit him and sped away in the night. The pedestrian suffered a fractured skull , a broken arm and a deep laceration of his head. He was in critical condition when he arrived at the hospital but he is now stable. After the accident the police said that they were chasing the driver who hit the pedestrian. They had tried to pull the driver over for a traffic violation ten blocks away.

Police chases are triggering too many crashes and often end in killing or badly injuring innocent people like this unfortunate pedestrian.  They should very limited in New York City depending upon the reason for the pursuit.

Read more on CBS New York website

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pregnancyEvery year 700 to 900 mothers are dying from health complications during their pregnancy, during the child-birth or post partum.  According to a recent article written by Nina Martin and Alessandra Freitas for Pro Publica little is known about the circumstances of these deaths except that 60% of them could have been prevented. Often hospitals concentrate on the baby but forget about the mother’s health.  Mothers too can suffer and die from birth injuries.

When such a tragedy hits a family, the grief and sometimes the guilt is so intense that members of the family are reluctant to share their story. The death circumstances are often kept private and not mentioned in the obituary. Medical institutions  have never been a trusted source of information when it comes to deaths related to health complications of their own patients especially if medical malpractice is suspected. Additionally, official statistics on maternal fatalities are so poorly reported by states that the United States hasn’t reported an official maternal mortality rate since 2007 according to a recent study published in The Journal of Obstetrics and Gynecology.

In an effort to try to put a face and a name on these 700 to 900 mothers who died in 2016, Nina Martin and Alessandra Freitas decided to launch a major investigation. They hoped that they would gather enough information about the circumstances of these mothers’ death to be able to get picture of  who these women were and why they died. They spent months searching social media and various other sources to identify these mothers. So far they have found 120 of them.

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subway accident fire nycAnother subway accident occurred on Monday morning in New York. This time, 30 feet of train track trash caught fire in a tunnel between 145th street and 133rd street in Harlem. Hundreds of panicked passengers were stuck in trains as a smoky blaze developed in the tunnel. Thousands more passengers, most of them on their way to work, were stuck waiting in overcrowded sweltering subway stations.

The fire was reported this morning at 7:18 am by a subway conductor. Trains were stopped and an order was given to the subway conductor to stop the AC to prevent the smoke from being sucked into the cars by the AC system. The service was finally restored at 9:34 am. 9 passengers had to be transported to the hospital for minor injuries related to heat and smoke.

MTA Chairman and CEO Joe Lotha apologized and said the he would increase the effort in Operation Track Sweep. This operation includes 500 employees who are supposed to maintain the tracks clear from garbage.

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2 people suffered personal injury after being struck by a patrol vehicle on Long Beach in Long Island, NY. A 48-year-old man and his 36-year-old female companion, both from Hempstead, were lying on the beach among people a little bit after sunset when a cop driving a beach patrol SUV ran over them.  Both of them were transported to the hospital to be treated. The man suffered broken ribs and a bruised lung. His companion had a broken finger and a leg injury. The man was released from the hospital on Monday. The woman is still in the hospital.

The police officer, 32-year-old David Walpole, was making a three-point turn on the beach when the accident occurred. According to the police, Walpole just didn’t see the couple. The cop had driven his SUV in an area where cars usually don’t go because he was trying to prevent a large crowd from going into the ocean as the lifeguards had gone off duty a little bit earlier.Walpole has 20 years of service with the police. He was also sent to the hospital where his blood was checked for alcohol and drugs. Results came out perfectly clean.

A witness said that he was walking on the beach and thought he was hallucinating when he saw the cop car on top of a human body.

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accident sceneTwo people died and several others were injured in a NYC car accident caused by a drunk driver who was speeding. 34-year-old Andrew Shakespeare was driving back from a wedding on Sunday morning. He had 4 other passengers in his car. He was allegedly drunk and was speeding on the Grand Central Parkway in Queens, NYC. As he approached the 188th street exit, Shakespeare changed lanes and side-wiped a Nissan Sentra driven by a 59-year-old woman. He then lost control of his BMW X5 SUV and careened into a Nissan Rogue driven by a 52-year-old man. Both cars crashed into the center guard rail. A 38-year-old woman driving a Mercedes was then struck by the BMW despite trying to swerve to avoid hitting the two cars. The impact sent her car into trees on the side of the road and back rolling over on the road.

The BMW front passenger, 34-year-old Layon Campbell was transported to the hospital with critical head and body injury. He was pronounced dead upon his arrival. 16-year-old Akeam Grant who was sitting on the rear right seat of the BMW died at the scene of the accident. The two other passengers, a 21-year-old and a 16-year-old survived. One of them fractured his pelvis and his right arm. The other lacerated his right arm. They were both transported to a hospital to be treated.

Among the people in the 3 other cars involved in the crash, both drivers of the Nissans were taken to the hospital for neck and back injuries but were listed in stable condition. The two passengers of the Nissan Rogue were also rushed to the hospital. The front passenger, a 50-year-old man injured his right leg. The rear passenger, a 63-year-old man fractured his rib and his neck. He also suffered from neck and back pain. Both passengers are in stable condition. The Mercedes-Benz driver was also transported to the hospital to be treated for pain in her right shoulder.

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New York Personal Injury Attorneys Rubinowitz and TorganIn their recent trial advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Too often trial lawyers fail to maximize key points that, if fully developed during cross, will serve not only to discredit the witness, but to anger the jurors so that they begin to question and doubt your adversary’s entire case. A thorough line of attack with respect to a lie does not simply prove that a witness was dishonest, but explores the thought process that went into concocting the lie in the first instance, the motives behind that lie, and the ultimate goal that the witness hoped to achieve by engaging in such deception.

Read the complete column here

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