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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location of the hit and run accidentA 70 year old man was critically injured by a speeding hit an run driver yesterday afternoon in Brooklyn, NYC. The man who was riding his electric scooter  was in the crosswalk at the intersection of 25th Avenue and 85th Street when he was side-swiped by a speeding white SUV.  The impact knocked the elderly man off of his scooter.  Jennifer Fahmy, a teenaged pedestrian was standing nearby and witnessed the accident. She told NBC News that the driver almost hit her as well. As he was fleeing witnesses said he ran several red lights.

Jennifer immediately ran to the victim to assist him. She said that he was critically injured and was barely moving. She called 911.

The elderly man was rushed to the hospital in life threatening condition.

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The NYPD are actively looking for five negligent hit and run drivers who killed a bicyclist as well as two pedestrians and injured two other pedestrians.

The first accident took place Sunday morning in the Bronx around 1:30 am. 63 year old Jose Contreras was attempting to cross Webster Avenue at the intersection of 175th street when he was struck by a grey SUV. The driver never stopped. The victim who had just attended his sister’s birthday at a nearby catering hall was found by his son. He suffered severe trauma and was rushed to the hospital. He didn’t survive. The police are looking for a 2001-2006 gray suburban Cadillac Escalade. More information about the accident can be found on the ABC7NY website.

The second accident occurred less than an hour later in Queens, NYC.  A 22 year old woman was crossing Guy R. Brewer Boulevard at 118th Road in South Jamaica when she was hit by a silver minivan. The driver never stopped. The police found the young pedestrian unconscious on the ground. She was taken to the hospital where she was diagnosed with critical head trauma.

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A 77 year old woman died after being hit by a car in New York. The pedestrian accident occurred at the intersection of Madison Avenue and 36th Street around 8:30 am on Monday morning.  77 year old Carol Dauplaise, a Manhattan jeweler, was crossing Madison Avenue from east to west. She had the green light and was in the crosswalk. As she was crossing, Buddhi Gurund, a limo driver for Tel-A-Car, made a left turn onto Madison Avenue from 36th street and struck her.  Other pedestrians who witnessed the accident rushed to the rescue and lift the car off to try to save the woman. She was transported to the hospital where she later died from her injuries.

Carol Dauplaise was a successful jeweler who had developed her own business into a multi million-dollar business. She started her own company in 1979 with only two other employees: a sales person and a design assistant.  Her company is now employing 50 people in New York City. Her store was located a block away from the accident on 37th Street.

The limo driver told the police that he didn’t see the victim.  According to the Gothamist he was arrested and charged with failure to yield to a pedestrian and failure to exercise due care.

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Daniel+Pollack-1Many children in the welfare system suffer personal injury or or are even killed because they weren’t provided with stable and secure care. When a child is harmed while under the care of child welfare services, that child may have a viable cause of action in state or federal court. In  the article “Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation” recently published in the Capital University Law Review, 44(1), 103-125* Andrea MacIver, J.D., DePaul University College of Law, Appellate Judicial Clerk for the Honorable Nathaniel R. Howse, Jr and Daniel Pollack, M.S.S.A. (M.S.W.), J.D., Professor at the School of Social Work, Yeshiva University in New York City, and a frequent expert witness in cases involving child welfare and developmental disabilities,  focus on state claims.

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After a construction worker died and four others suffered personal injury in a construction accident in Brooklyn, NYC, in 2011, the negligent “special instructor” who failed to perform crucial safety inspections on the site of the accident had his license revoked by the New York City Department of Buildings on Friday.

Back in 2011, Steven Schneider, an engineer, was hired as a special safety inspector on the construction site of a 14-unit condo building in Brighton Beach. As part of his duties Schneider was required by the code to perform structural tests such as testing of steel and masonry construction, structural stability and underpinning of adjacent buildings. Investigations show that Schneider never performed any of these tests and therefore didn’t notice that construction workers  had improperly poured concrete on unstable steel structures. This gross negligence led to the collapse of several floors of the building.  During the accident several workers were buried in the debris. Among them was Ivan Lende, a 54 year old worker from the Ukraine who died in the accident. Four of his colleagues were injured. Investigation results also show that Schneider  was unable to provide inspection documentation at many other NYC sites where he had been hired as a safety instructor. Not only did Schneider have his license revoked by the NYC DOB but his case was also referred to the state for “further disciplinary action”.

The DOB also announced Friday the revocation of the plumbing license of Andrew Trombetta. Andrew Trombetta is a master plumber who was involved in the East Village gas explosion that killed two people and injured many others in March 2015. Andrew Trobetta rented his licensed to the unaccredited plumber who installed the illegal hook up that led to the explosion. Earlier this month he was charged with falsifying inspection reports while four other people were charged with manslaughter and criminally negligent homicide.

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An 11 year old girl who suffered medical malpractice in New York received a settlement that was split $67,000 in a savings account and a structured settlement that provided for regular payments when the girl turns 18 year old.  The money in the bank account could only be withdrawn with court approval. Last year her mother asked for  $47,000 but the court turned her down. A few days later she falsified a court order and withdrew $47,000 out of the account of her daughter. She told the bank that her daughter needed additional surgery in San Diego. She then used the money for a tummy tuck procedure, a liposuction and a trip to Disneyland. According to the criminal complaint the mother also submitted forged court orders on three additional occasions for a total of $19,500. The girl had been born with a brachial plexus injury to her right arm. The mother has been charged with second-degree grand larceny and second degree possession of a forged instrument by The Queens District Attorneys office.

Read more in the New York Times

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A man suffered serious personal injury after a dozen bricks fell on his head in the Bronx and a tractor trailer flipped over on the George Washington Bridge yesterday night as a heavy storm ravaged the New York City Metro Area, New Jersey, Long Island, Southern Connecticut and the Lower Hudson Valley.

Strong winds with gusts over 50mph caused a tractor-trailer truck to flip over on the George Washington Bridge yesterday night a little before 10;00 pm. Thankfully nobody was injured in the truck accident. A man in the Bronx was less fortunate. As he was heading home bricks from a building fell on his head. He was seriously injured according to the NYPD. A witness said that after the accident the man could barely move and had blood all over his face. The police also investigated the possibility that the wind may have caused an entire building to collapse in the Bronx as well.

A sidewalk shed collapsed in Brooklyn.

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"VFMLID=29968756"Thankfully nobody was injured in a scaffold accident that happened yesterday in Midtown Manhattan. Two workers were replacing glass windows at the Marriott Courtyard Manhattan hotel located at 1717 Broadway when an electrical problem caused the scaffold to stop operating. The two men were left dangling 65 stories above ground. The hotel had to call first responders to save the two workers. The two men had to wait an hour and half in very inclement weather before the first responders were able to secure them with ropes and to cut through the glass to bring them in.

Read more in the NY Daily News

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David NewmanIn another case of medical malpractice related to sexual assault in New York, a patient filed a lawsuit against the Mt Sinai Hospital and against Dr David Newman  an ER doctor who allegedly drugged her and then ejaculated on her face.  The patient had checked in at the Mt Sinai Emergency Room for shoulder pain. She was given morphine and was asked by the nurse to remove her bra and put on a gown to get an X-Ray. After the X-Ray, Dr. David Newman walked into the room where the patient was lying on a bed. He told her “I am going to give you a shot of morphine”. The patient told him that she was already given morphine by the nurse but she felt a burning sensation on her arm and believes she was administered another shot of morphine by the doctor. The patient alleged that when the doctor was examining her he started fondling her breast. She also alledged that after forcibly touching her he started masturbating and ejaculated on her face. She couldn’t move because she was heavily medicated. After he finished the doctor wiped the semen off her face. However when the patient woke up she found some left over semen on her face and on her chest and she wiped it with her gown. She then saved the blanket and the gown as evidence. DNA tests matched Dr Newman who was arrested last month and charged with sexual abuse and forcible touching.  The doctor appeared in court yesterday.

Read more in the Gothamist

 

 

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Robert HaddenIn New York, sexually abusing a patient is not only gross medical malpractice but it is also a crime. Dr Robert Hadden, an Upper West side gynecologist who had been charged with sexually assaulting 6 pregnant patients, accepted a plea deal yesterday. The doctor admitted to sexually abusing two patients. He admitted to performing oral sex on a patient for no valid medical purpose while the patient was incapable of consent. He also admitted forcible touching another patient. Both are misdemeanors.  As part of the plea deal, the doctor will have to register as a level one sex offender and will loose his medical license. He will not have to serve jail time or do community service.

Read more in the NY Daily News

 

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