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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ben1Personal injury attorneys Ben Rubinowitz  and Doris Cheng are the directors of a new training program designed by the  National Institute for Trial Advocacy. Entitled “NITA Drills: a Witness Examination Boot Camp”, this rapid-fire 3-day program will take place June 19th thru June 21st 2017 at the NITA Education Center in Boulder, CO.

Taught by highly experienced trial lawyers, this program will focus on direct examination of of  witnesses, including impeachment and expert witness variations, as well as methods for delivering openings and summations. Using NITA’s method of learning by doing and limiting the enrollment to 24 people, this program will allow each participant to take their trial skills to the next level.

To register or to learn more about this program click here

 

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Building-Blocks-NYC_logo-1Too many construction workers die in New York City because they are not proprely trained for the job. Yesterday the Laborers-Employers Cooperation and Education Trust (LECET) and District Council 9, International Union of Painter and Allied Trades (DC9 New York) announced that they were joining forces by creating Building Blocks NYC, a new coalition to advocate for the passage of Intro 1447 by the New York City Council. Intro 1447 is a legislation that would increase training for all construction workers in New York City, union and non-union alike.

Over the last 2 years 33 construction workers died on the job in New York City. The most recent fatal construction accident in the city occurred last week in Time Square, New York. 59 year old Jose Cruz fell 18 feet to his death. Cruz fell from an I-Beam. At the time of the accident, Cruz was wearing a safety harness but it wasn’t tied it off. The accident was completely preventable. (see previous blog)

Cruz was working for Streamline USA, a non unionized contractor. Streamline has a history of safety violations on its construction sites and was fined twice by OSHA over the last year. The majority of fatal NYC construction accidents occurred on non-unionized construction sites. Building Block NYC believes that many of these fatal accidents may have been prevented if employees were proprely trained. Unlike unionized contractors who require their employees to sit down in classrooms and participate in rigorous training programs, many non unionized contractors neglect to proprely train their employees.

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Kelly Hurley, The 31 year old woman who was critically injured in a bicycle accident in New York (see previous blog) didn’t survive her injury. She was taken off life support a few days ago and passed away.

Kelly was heading North on First Ave in Manhattan when a truck making a left turn onto East 9th Street hit her. She had the right of way. Despite violating the right of way law, NYPD announced today that they only issued a summons to the driver for “not having a cross over mirror”. The police also blamed the victim and said that “the victim sadly slipped off her bike”. (see DNA info)

The police were observed ticketing bicyclists one block away from the fatal accident scene.  (see the Gothamist)

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A construction worker was fatally struck by a bulldozer in Red Hook, NY last week. Susan M. Coons of Elizaville in Columbia County was working on a field leveling project for Jeff Decker & Son with another construction worker. 45 year old Kenneth Bendix was operating the 18-ton bulldozer. He struck her as he was moving the machine to make a minor adjustment to the blade.

The woman was transported to the hospital but she didn’t survive.

Read more in the Poughkeepsie Journal  

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diatracted driving accidents prevention poster

Just is all it takes

In New York Sate, car crashes involving distracted drivers killed 160 people and injured more than 33,000 in 20015 according to a study from the Institute for Traffic Safety Management and Research that was published a few months ago. The study estimates that around 20 to 22% of the fatal car accidents in New York State are related to distracted driving. The problem is not only in New York but all over The United States.  Nationally during the whole year of 2015, 3,477 people died and 391,000 were injured in distracted driving accidents.

April is “Distracted Driving Awareness Month” and during the whole month the National Safety Council (NSC) is campaigning to crack down on this epidemic. The NSC invites organizations and communities to share information about distracted driving. Various material is available to download on their website.

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Location of the fatal New York Construction AccidentA man died in a construction accident in New York yesterday morning. According to Rick Chandler, New York City Building Commissioner, the death was completely preventable.

The fatal fall occurred around 11:00 am yesterday on a construction site located at 1604 Broadway, near West 49th Street in Time Square, New York.

59 year old Jose Cruz, a native of The Dominican Republic living in Sunset Park, fell 18 feet to his death from an I-beam near the second floor. The accident occurred as he was helping remove part of a steel deck from a slab. Despite working at heights he wasn’t wearing proper fall protection equipment.

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accident sceneA 25 year old man died in a car accident in New York City around 4:00 am this morning. The man was riding a car driven by a 22 year old driver who may have been drunk or high according to the police. The car had  a Taxi & Limousine Commission license plate. So far it is not clear if the passenger knew the driver or if he was a customer.

As he was attempting to exit the Bronx River Parkway at East Gun Hill Road in the Bronx, the driver lost control of his vehicle and crashed into a concrete wall. Speed may have been a factor contributing to the accident as well.

Both the driver and the passenger where rushed to the hospital. The passenger didn’t survive. The driver is in critical condition.

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New York Medical Malpractice Attorney Marijo AdimeyA NYC Medical Malpractice  case in which our partner Marijo Adimey won a 1.27 million verdict was featured by Lexis Nexis as their case of the week. Marijo successfully represented a 64 year old woman from Kings County, Brooklyn, who suffered ruptured spleen during a colonoscopy after the doctor used excessive force. A detailed overview of the case can be found on the Lexis Nexis Litigators’ Verdict & Settlement Exchange. Congratulations Marijo!

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Car crashes are the leading cause of deaths among American teens. The majority of the serious teen car accidents are the result of a critical error committed by the driver.  Parents play an important role in teaching their teens how to drive safely and avoid dangerous driving errors.

The Center for Injury Research and Prevention at the Childrens Hospital of Philadelphia (CIRP@CHOP) has a dedicated team that specializes in improving teen driver safety. They have their own website  http://www.teendriversource.org/ and provide valuable resources to teens, parents and professionals working with teens.

Among the most downloaded resources is the “Teen Driving Plan Practice Guide” a guide for parents to effectively supervise their teens’ driving practice. Researchers have found that teen drivers whose parents were using that guide were 65% less likely to commit dangerous driving errors.  This popular guide is also available in a YouTube video format. The Teen Driving Plan Practice Guide You Tube Channel features 52 videos dedicated to parents who wants to effectively supervise their teens’ driving practice.

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A patient who has to be readmitted to an hospital may have a valid medical malpractice lawsuit against the hospital or the clinicians. When a patient is discharged too early or with not enough support not only may his or her condition worsen but also the health costs related to his or her readmission can be significant. Additionally,  hospital and doctors can be liable if the patient was negligently discharged.

Patients with chronic disease such as diabetes, COPD and congestive heart failure are among those who have the highest risk of being readmitted. Chronic diseases affect 1 out of 2 adults in the US and are responsible for 86% of healthcare spending. They also rank among the top 10 causes of death in thew US.

Recent studies have demonstrated that hospital who are using remote patient monitoring (RPM) can significantly reduce the readmission rate of chronic disease patients. RMP allows patients to collect samples and answer questionnaires about their personal health from home. Data is then transmitted to the doctors who can analyse them and follow up in real time with their patients.