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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GMTwo product liability cases related to General Motor’s defective ignition switches (see previous blog) have been settled in federal court this week. The cases are two of several bellwether trials that will provide guidance from the hundreds of lawsuits that have been brought against General Motors.  So far 3 of these bellwether cases have been settled by GM, 2 were won by GM and another one was dropped before trial.

The two cases settled for an undisclosed amount involved two women who were driving at low speeds. In the first case, Stephanie Cockram from Virginia struck a wall after losing control of her vehicle. The airbag never opened and she suffered head injury, jaw injury and a broken hip. In the other case Amy Norville from Kentucky lost control of her vehicle after trying to avoid a deer. She hit a tree and again the airbag didn’t deploy. Her neck was fractured and her sternum broken.

 

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construction sitePromoting safety culture not only reduces the risk of accidents at construction sites but also impacts other business aspects such as productivity and competitiveness. Large construction firms understand this concept and apply it in their day to day business while small construction firms are still lagging behind.

A recent survey by the Center for Construction Research and Training looks at the difference in safety culture and safety management between small and large companies.

Small firms with 1 to 9 employees represent a little more than 10% of the construction firms. Those with over 500 employees represent approximately 20% of them. Construction firms with 10 to 49 employees represent the biggest part, around 30% of construction firms.  Small firms usually work on low-rise commercial and residential projects while larger ones work on high rise and industrial projects.

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accident sceneA month ago a 6 year old boy was injured after being struck by a car in NYC (see previous blog). The driver got out of the car and then got back in and fled the scene of the accident. After a month of investigation the driver has been identified and arrested by the police.  53 year old Armando Mino was charged with assault and leaving the scene of an accident.  Read more in the NY Daily News 

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African American Patient with DoctorsMedical Malpractice may have been committed on many American Africans who were previously diagnosed with hypertrophic cardiomyopathy.  A recent study found that some genetic variations that were linked to this condition were indeed harmless. These specific genetic variations were found more often in black Americans than in white Americans. Therefore many patients from African descent may have been misdiagnosed or are still being treated for a condition they don’t suffer from.

Also called, abnormally thick heart muscle, hypertrophic cardiomyopathy is a genetic disease that affects 1 out of 500 Americans. The disorder can cause arrhythmia and can be fatal. Symptoms may include chest pain, difficulty, breathing, fatigue and swelling in the ankles and feet. For a complete list and diagnostic testing see The American Heart Association web site. Sometimes there are no symptoms.

Abnormally thick heart muscle is diagnosed through genetic testing. A patient who tests positive for  the condition will often be required to change his or her lifestyle. These changes may include healthy diet, additional physical activities, losing excessive weight or stopping smoking. Patients diagnosed with hypertrophic cardiomyopathy  are often prescribed specific medication to treat the condition.  Various types of surgeries are also commonly used as well as  alcohol septal ablation, a noninvasive procedure.

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accident sceneA man died in a motorcycle accident in New York City last Friday. 26 year old Michael Ramnath from the Bronx was riding his bike north on the Cross Island Parkway in Queens when the accident occurred. According to the NY Daily News, the motorcyclist was attempting to switch lanes when he struck a car. He then hit the guardrail and got ejected from his motorcycle.  The young man was transported to the hospital in critical condition. He later died from his injuries. The driver of the car stayed at the scene of the accident and wasn’t charged.

Another motorcyclist was in critical condition after he hit a pothole in Bedford-Stuyvesant, Brooklyn. The biker was riding South on Marcus Garvey Boulevard. As he was approaching Kosciuszko Street he hit a pothole and got ejected from his motorcycle. he was transported to the hospital in critical condition. It is obviously extremely dangerous to ride in The City. One has to deal with numerous roadway defects as well as drivers who are not alert to motorcycles. If you must ride keep within the speed limit, don’t expect drivers to yield and always be on the lookout for potholes and improperly laid metal plates, among other hazardous roadway conditions.

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drunk drivingA young drunk driver was caught driving the wrong way on the Long Island Expressway in Queens, NYC, early yesterday morning. 23 year old Ivan Ceron was charged with drunk driving, driving an unregistered vehicle and driving below the minimum posted speed.  Several people called 911 to alert the police. Thankfully no one was hurt unlike previous incidents of reckless driving that recently occurred on the LIE. On August 31st , 3 people died and 11 were injured in a traffic accident on the Long Island Expressway near Maurice Ave in Queens. Results of preliminary investigation show that speed caused the accident. 10 days earlier 5 people died and six suffered injury in another crash related to speed on the LIE. Among those who died was an ex-Cuomo aid.

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accident sceneA livery car crashed into scaffolding and injured several people including a child. ABC7 reported that the crash occurred Saturday night around 9:45 pm in Harlem, New York. Very few details were provided as to what caused the crash and who were the victims. Pictures however show that the impact was strong as it destroyed the scaffolding.

Less than 24 hours earlier in Harlem, a pedestrian was seriously injured by a hit and run driver. The 32 year old man was visiting from Syracuse. The man was crossing Broadway near 125th street when he was struck by a car. The car must have hit the pedestrian at high speed as its bumper fell off after the crash. Despite a man on the ground and part of his car missing, the driver sped off and disappeared into the night. The police are still looking for him. The pedestrian was transported to the hospital. He suffered face injuries and a fractured left elbow according to the NY Daily News.

In Brooklyn, two people were injured in a crash involving a police car. The crash took place Monday afternoon in Park Slope according to the NY Daily News .

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Among the many Vision Zero initiatives to reduce deaths and injuries related to traffic accidents in New York, the city has installed pedestrians islands at dangerous locations. Last December, such islands were installed along Eastern Parkway in Brooklyn.  The main objective of these pedestrians islands was to protect numerous children who were crossing the dangerous parkway every day to go to school.  Eastern Parkway was identified as a priority corridor in the Vision Zero Brooklyn Pedestrian Safety Action Plan. Between 2009 and 2013 4 people died and 7 were severely injured in the Eastern Parkway segment between Grand Army Plaza and Ralph Avenue.

Last week a few days before the West Indian Day Parade, the New York City Department of Transportation destroyed the concrete medians at Kingston and Brooklyn Avenues. The destruction happened after the organizers of the West Indian Day Parade asked the DOT to do do this so the floats could navigate the road. When asked about it De Blasio said the islands were posing a parade safety hazard.

The destruction of public infrastructures that have taken residents and road safety advocates years to be installed is leaving people scratching their heads and wondering how serious de Blasio is about making the streets of New York City safer.

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accident sceneA bicyclist died after being struck by a minivan in NYC early Monday morning. The man was riding his bike on the left shoulder of the eastbound Grand Central Parkway near 111th Street in Corona, Queens. At one point he swerved into the traffic. He was hit by a minivan. The cyclist died at the scene of the accident. The driver of the minivan stayed at the scene of the accident. He wasn’t charged.

In New York City, bicycles are prohibited on highways. It is unclear why the bicyclist decided to use the highway. The investigation is ongoing.

Read more in DNA

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accident scene3 people died and 2 suffered personal injury in a car accident in Upstate New York last Saturday around 4:20 am. All the victims were in their 20ies. Nelson Osegueda, Ray Rivera, and Waner Nunez were riding in a car with two other young women on Route 6 in Southeast, NY, toward Danbury.  A deputy sheriff allegedly saw the car swerving over the center line and suspected the driver was intoxicated. He tried to pull the car over. As the driver didn’t comply, the deputy sheriff started to chase the car. The average speed of the chase was around 65 mph and twice went up to 80 mph. As the deputy sheriff arrived near the border of his jurisdiction, he alerted the Danbury police and slowed down. According to the deputy sheriff, the chased car then sped up. 15 seconds later the driver hit a utility pole.

The car was completely mangled. the 3 young men mentioned above died and the two young women were injured. One of them suffered serious leg fractures. They were transported to the hospital to be treated.

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