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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Mamoukakis was a bicyclist fatally struck by a bus in NYC A few days after Citi Bike rider Dan Hanegby was fatally struck by a bus, another cyclist died after being hit by a charter bus just a few blocks away. 80 year old Michael Mamoukakis was riding his bicycle on 7th Ave near 29th Street when he was hit by a charter bus who was making a right turn on 29th Street. The accident occurred Saturday around 1:30 pm.  The bus driver stayed at the scene of the accident. The bus driver told the Post that she didn’t see the bicyclist. She heard a a dull heavy sound and immediately after people in the street started to scream to stop the bus, which she did. The bus is registered to Buckeye Limousine and Charters Corporation of Ohio. Witnesses said they saw the bus driving over the man. He screamed and then became unconscious. He was transported to the hospital where he was pronounced dead. New York City Council Member Corey Johnson expressed his anger in a statement and asked for an emergency meeting of the NYC DOT, the NYPD, Members of the government, the Community Board 4 and representatives of the charter buses operating in Chelsea.

Read more in the New York Times,
Picture: Facebook

 

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medical malpracticeIn 2003 Florida lawmakers decided to limit non economic damages for negligence of practitioners to $500,000 or $1 million “if the negligence resulted in a permanent vegetative state or death”.  At the time lawmakers said the cap would stop the medical malpractice insurance crisis and prevent doctors from leaving Florida. However there is no evidence of crisis Today and the Supreme Court of Florida recently ruled that this cap was unconstitutional.

The ruling arose from the case of  a victim of medical malpractice who saw the initial amount awarded by a jury substantially reduced by a judge based on this cap. Susan Kalitan had her esophagus perforated during an outpatient surgery for carpal tunnel syndrome. She spent 3 months in the intensive care unit including six weeks in a medically induced coma. She sued the North Broward Hospital District  and other people involved in her care at the public district. She was initially awarded $4.7 million  by the jury for pain and suffering. This amount was reduced to $1 million by Broward Circuit Judge Jack Tuter based on the cap described above.  After the cap was found unconstitutional by the Fourth District Court of Appeals, the hospital appealed the decision. In a 30-page opinion the Supreme Court confirmed that the cap was unconstitutional.

Read more in Daily Business Review

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Dan Hanegby died in a NYC bicycle accicdentA bicyclists died after colliding with a bus in New York Monday morning. 36 year old Dan Hanegby, a financial executive at Credit Suisse was riding a Citi Bike on West 26th Street between 7th and 8th Avenues. He was riding between the parked cars and a charter bus when the collision occurred. The man fell to the ground and was run over by the rear wheels of the bus.

The accident happened around 8:15 am on Monday. Hanegby was wearing a suit and was most probably on his way to work. The young man was transported to the hospital in critical condition. He died shortly after his arrival to the hospital.  The bus driver stayed at the scene of the accident. He wasn’t charged.

Hanegby grew up in Israel and served in the Israel Defense force. He was also an avid tennis player according to his social media profile.

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accident sceneA man was seriously injured in a motorcycle accident in New York City.  The motorcyclist was riding his bike South on Lefferts Boulevard near 115th Ave in Queens, NYC, Saturday around 1:00 pm when a Dodge Ram pick up truck slammed into him. The driver of the pick up truck was driving North and swerved to avoid hitting a car. The police also suspect that the motorcyclist may have been driving over the speed limit. Investigation is still ongoing. The collision was so violent that a witness who was driving several cars behind them said he saw the motorcyclist flying high into the air. The 27-year-old rider suffered trauma all over his body as well as a broken leg. Read more in the NY Daily News

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A NYC pedestrian died in a car accident Monday night. 28-year-old Gabriel Garcia was crossing E. 138th Street near Walton Ave in Mott Haven, Bronx, NYC when he was struck by a dark colored sedan with TLC plates. A Toyota Camry struck him right after. According to witnesses both drivers got out of their cars as the pedestrian was lying with his face down on the ground bleeding.  The two drivers then left the scene of the accident. The Toyota driver came back shortly after to talk to the police. The black sedan driver disappeared in the night. The pedestrian was rushed to the hospital but he couldn’t be saved. The police are still looking for the driver of the TLC car.

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A woman died from burn injuries in her New York apartment. The 34-year-old woman was cooking in her kitchen yesterday afternoon around 3:00 pm when  her clothes caught fire.  According to the police she first ran around the apartment and then went to the bathroom where she died.  Her chest was covered with burns.  Cooking fires are unfortunately among the most common residential fires. The majority of kitchen fires occurred when the equipment is left unattended. It is not very common that person’s clothing catch fire while cooking. According to statistics from the National Fire Protection Association in less than 1% of the cooking fires, clothing items were the ones ignited first. However these types of fires are some of the deadliest and account for 18% of  deaths related to kitchen fires.

Fire statistics from NFPA

 

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A worker was fatally hit by a train in New York City on Saturday morning. The victim’s identity hasn’t been revealed as investigators are still trying to determine the causes of the accident and why the worker was on the tracks at that time. According to the Gothamist, the accident occurred near the Long Island Railroad (LIRR) Queens Village train station. The worker who was a LIRR employee was struck by a Penn Station-bound train coming from Huntigton, Long Island.

Passengers were stuck in the train at for least an hour before being evacuated and transported by bus to their destination. Many of them reported seing blood on the train windows as well as blood, guts and flesh on the tracks.

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child in carLast week a bill that would help prevent kids dying from heat stroke in hot cars was introduced in Congress. Backed by several safety, health and consumer advocates, HOT CARS Act of 2017, H.R. 2801 is a bi-partisan proposal introduced by U.S. Representatives Tim Ryan (D-13th OH), Peter King (R-2nd NY) and Jan Schakowsky (D-9th IL). The  bill was launched at the same time as the National Highway Traffic Safety Administration (NHTSA) kicked  off  The National Vehicular Heatstroke Prevention Campaign. More than 700 children died in hot cars over the last 18 years. Every summer distracted parents unintentionally leave their children unattended in their car. This situation occurs mostly when the children fall asleep in the back seat and parents temporarily forget about them.

The bill that was just introduced proposes to require car manufacturers to install an alert system to remind parents that a child may still be seated in the back. A similar bill stalled in committee last year. If this bill was passed it would still take several years for changes to be implemented.

Some manufacturers however have already started to offer to options to prevent them from leaving their child in the back seat.   The company evenflo now has car seats equipped with sensors that will remind the driver that a child is in the car seat when the car engine is turned off (see video below). Many cases of children dying in hot cars have been reported after children entered a car and locked themselves in it. The new line of General Motors Acadia SUV is equipped with an alert that will go on if a back door is open before the vehicle is started.

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NYC construction workersOver the last few years, the number of construction workers dying or suffering severe injuries on the job increased dramatically in New York  City. According to the most recent statistics from the New York Committee for Occupational Safety & Health, 25 hard hats lost their life on NYC construction sites in 2015 compared to 17 in 2011. The majority of the fatal construction accidents in the city occurred on non unionized construction sites. Undocumented immigrant workers are often the most at risk of suffering catastrophic injuries or of dying in construction accidents.  One of the fundamental reasons why such a significant number of workers are dying on non unionized sites is the lack of training. Construction workers on non unionized sites are often not trained as well as unionized workers or not trained at all in some cases.

Mayor Bill de Blasio also believes that many construction accidents could be avoided if construction workers were better trained.  According to Politico, the mayor is working on a proposal to increase training for all construction workers in New York City. In the new proposal, all workers will be required to attend minimum training  of 54 to 71 hours. Supervisors will have to train an extra 30 hours on the top of the minimum requirements. Workers who are doing more dangerous tasks such as those working in confined space or workers doing work related to rigging safety, scaffolding, excavation, demolition and perimeter protection will have to attend additional training specific to their activity.

The new training rules are expected to be introduced to the City Council  in the next few weeks.

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Mattern-hudson-yards-3A construction worker died in New York on Monday. The accident happened at  Hudson Yards, a gigantic construction site in Manhattan. It is not the first time that a construction worker fell to his death on this site. Another deadly fall occurred at Hudson Yards in August 2015.

Around 6:40 pm on Monday evening, 62-year-old Roger Vail of Montgomery was doing a survey on the 16th floor of  the 400 W. 33rd St building when a wooden platform he was standing on gave way.  The man fell 10 stories and landed on the 6th floor. He died at the scene of the accident. Vail was hired by the company 50 States engineering which itself had been hired by Tishman Construction. Sadly, he was working on the installation of a fall prevention system.

Fortunately, in New York a construction worker is mot limited to Workers compensation. Pursuant To Section 240(1) of The New York State Labor law (the Scaffold Law) the next of kin of the worker are entitled to bring what is known as a Third Party action against Tishman and the owner of the construction site. At least they will be able to receive  compensation for this tragedy.

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