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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Personal Injury Trial Technics by Attorney Ben RubinowitzOur managing partner, Ben Rubinowitz, was recently a guest on Unscripted Direct, a popular podcast among the law school trial advocacy community presented by Spencer Pahlke and Justin Bernstein. In “Episode 48 – Bad Facts” Ben demonstrates how to cross examine witnesses by using voice of reason questions to which the witness has no choice but to answer in the favor of the plaintiff.  This approach to cross examination helps to both destroy the witness’ credibility and at the same time create powerful and winning arguments on summation.

In the podcast Ben demonstrated how this approach can be used in almost any negligence case by using multiple examples. Ben calls this “walking the witness down to a tight rope so when you finally push, the witness falls in the canyon of doom and there is no escape”.

Listen to several interactive examples of “voice of reason questions” in episode 48 of Unscripted Direct  (Ben segment starts at 00:17:50)

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2022 NYC car accident fatalities by categoryLast year traffic fatalities in New York City reached their second highest level since Vision Zero started in 2014.  Last year was also the first year in office for the Adams Administration and the new DOT Commissioner, Ydanis Rodriguez.

Yesterday in an oversight hearing with the City Council, Rodriguez admitted that his department has been unable to reach specific street safety benchmarks required by the Council’s landmark 2019 Streets Plan. Last year the DOT only upgraded 14 bus stops out of the 500 planned and installed 4.4 miles of the 20 miles of protected bus lanes as well as 26.3 miles of the 30 protected bike lanes required.

The bills proposed by the City Council are not going far enough according to street activists

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Lithium ion battery can be dangerousA 67 year old woman was critically injured in a fire sparked by a defective lithium-ion battery in Brooklyn, NYC yesterday early morning.

The victim was residing in a building located on Goodwin Place  in Bushwick and was probably asleep when the fire erupted around 1:40 am on Tuesday morning.  The fire started in an apartment that one of the tenants had transformed into a lithium battery repair shop. 50 lithium batteries were found there by the firefighters. It is not clear how many batteries exploded but the FDNY said that the fire sparked so fast and was so intense that the fire alarms and the sprinkler system which were working, were of no help.   When firefighters arrived, all 3 floors of the building were ravaged by the blaze. They were still able to find the victim but she was already in bad condition. Another victim suffered minor injuries. The tenant who was running the off-the-book repair shop was not home at the time of the explosion but had left several batteries to charge overnight.

The FDNY told the NY daily News that since the beginning of this year, they have been responding to an average of 3 fires caused by lithium batteries every week.

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map of crash fatalitiesAn estimated 42,915 people died in crashes in the US in 2021.Traffic accident fatalities which had been on a declining trend for 30 years started to increase since 2020. Last year, the US DOT announced that it would apply the Vision Zero concept nationally to tackle this problem.

New Yorkers are familiar with Vision Zero which started in 2014. The program was successful at the beginning but got out of hand since the Covid19 crisis.  The program was  good at identifying dangerous corridors and areas that needed improvements but the implementations of safety measures in dangerous areas, especially those  located in historically disadvantaged communities remained too often unrealized. As a result, most road fatalities in New York City  still occur in dangerous areas that had been identified as such almost 10 years ago.  Just like in 2014 in New York City, the US DOT did some outstanding in-depth research and developed amazing interactive maps to point out dangerous areas in each community of the entire country.

The work of the DOT is extremely impressive:

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OSHA picture of the fatal construction accidentThe negligence of a contractor caused the death of a construction worker in Poughkeepsie in 2017. Maximiliano Saban died and another of his colleague suffered personal injury after a wall collapsed on them.

The wall collapsed because the contractor, Finbar O-Neil who owns OneKey LLC, did not follow OSHA safety rules. O-Neil had to implement a soil compacting plan involving piling large quantities of dirt called surcharges on top of the construction sites of 3 buildings. An engineering company prepared the plan on how to use the  surcharges. However to gain time, O-Neil decided that, instead of following the plan, he would build a wall that would retain one of the surcharges so that workers could start to work on the building next to it. He made the decision on his own without consulting with engineers to know if the wall would sustain the surcharges.

On the day of the accident, some construction workers complained that construction machines were on the top of the surcharges adding dirt to it. Later on during the day, Maximiliano and a colleague were working next to the wall when it collapsed. They both ran away but Maximiliano was unable to escape.

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Health-Technoogy-Hazards-scaledWhile health technology is often synonymous with progress, some medical devices can be dangerous and lead to patient injury and death. Every, year the ECRI Institute compiles a list of the 10 most hazardous technologies in healthcare. This year the Top 10 health hazards are:

1. Confusing recalls of at-home medical devices

This health hazard arises from Philips’ chaotic recall of defective respirators that cost the lives of hundreds of  at home patients suffering from sleep apnea.  Between April 2021 and October 2022, the FDA received 260 reports of  patients who died while using the Philips respirator. The device was recalled but the manufacturer contacted mostly healthcare providers which were supposed to pass the information to their patients. The process was chaotic and many patients were never proprely informed. As a result, they continued to use the defective device and died. Some patients were contacted directly by the manufacturer, but the notification was unclear. The language was technological jargon that patients did not understand proprely.

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Emotional-trauma-not-compensated-in-NY-wrongful-deathThe Grieving Families Act, a wrongful death bill that would allow courts to consider emotional damages when calculating financial compensation in a wrongful death lawsuit was vetoed by NY Governor Kathie Hochul. The bill also extended the statute of limitation and extended the definition of family to not only the parents but to other loved ones close to the person who died such as siblings, grandparents or domestic partners.

Our partner, NY wrongful death attorney Jeffrey Bloom, who was instrumental in helping the bill pass the Assembly and the Senate spoke to CBS News in the video below.

New York wrongful death law has not been updated since 1847 and the bill that was passed last June with a large bipartisan majority by both chambers in Albany would have modernized the actual pre-civil war wrongful death statute

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More pedestrians and more passengers died in auto accidents in 2022 than in 2021 while cyclists and motor vehicle operators fatalities declined. Bus accidents increased while truck accidents remained stable. Motorcycle accidents remain at record levels.

After reaching a record high in 2021, NYC traffic deaths reached their second highest number since Vision Zero started in 2014

According to traffic collision data provided by the NYPD, 251 people died in crashes in the city in 2022 compared to respectively 254, 239, 214, 199, 209, 223, 235, 250 and 286 in 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013. As a reminder, NYPD traffic collision data might differ slightly from the real data, especially for fatalities as sometimes people died from their injuries several days or weeks after the accident occurred.

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FDNY rescuing children in fire caused by Ion lithium battery18 children were injured after a fire erupted in an unlicensed daycare located in Queens. The fire was caused by a defective lithium-ion battery that exploded in the basement.

Firefighters were called yesterday afternoon around 2pm for a fire in a basement located at 147-07 72 Drive in Queens, NYC. When they arrived on location, the basement was filled with heavy fire and smoke. They removed 18 children from the building, most of them on the first floor and one of them in the basement. They found out that an illegal daycare was operating on the first floor.  Most children suffered minor injuries and did not require to be hospitalized. One of them was critically injured and still remains in the hospital. Two adults also suffered injury in the fire.

A neighbor took care of the children as parents were alerted and asked to come pick up their young kids. The fire was controlled in 45 minutes.

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traffic fatalities map NYC16 children were killed in crashes in New York City last year according to a report recently published by Transportation Alternatives.  This is the highest number of child road fatalities in the city since Vison Zero started in 2014. 

Globally a total of 255 people were killed in traffic accidents in the city in 2022 compared to 275 in 2021. After last year this is the second highest number of road deaths in the city since Vision Zero started.

While Vision Zero studies clearly identified areas were safety improvements were needed, the city has left many of them unaddressed and as a result people continue to die. The numbers speak for themselves with 33% of all fatalities and 44% of pedestrian fatalities occurring in what Vision Zero calls “priority corridors”. These dangerous areas which have now been a priority for the last 10 years represent only 7% of all city streets. Fixing them proprely could lead to a significant reduction of traffic fatalities in the city.

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