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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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Mt. Sinai Medical Center
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On January 12, 2011 Ben Rubinowitz will deliver a Grand Rounds lecture for the Department of Radiology at Mount Sinai Medical Center. Mr. Rubinowitz, an expert in his field in representing severely injured patients, has been asked to lecture to Attending Physicians and Residents on the subject of Medical Malpractice. Interestingly, Mr. Rubinowitz does not represent doctors. He represents the victims of Medical Negligence and has achieved very substantial verdicts on their behalf. Known for sharing his knowledge in the field, Ben feels it is important to partake in such lectures. “In every Medical Malpractice case that we have handled, we are always talking about events that have occurred after the fact. It is too late to undo the harm that has taken place — the patient has been seriously injured. If lectures like this provide guidance that prevent medical negligence from occurring at the outset, we’re all better off.” Later this month Ben will be delivering a similar lecture at the National Urologic Forum.

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750px-PA-366.svg.pngJeffrey and Diana Acre have filed a wrongful death lawsuit against the Pennsylvania Department of Transportation over the 2009 death of their daughter. They allege that PennDOT’s poor design and maintenance of Route 366 in New Kensington was a contributing factor in the death of 16-year-old Kylee Jo.

In the lawsuit filed in Westmoreland County Court, the parents blame PennDOT for not filling in a steep, 4-inch rut between the road and the shoulder. The suit says the design flaw is even more dangerous because the dropoff is located on a curve.

Kylee Jo was a front-seat passenger in an SUV that slammed into a guardrail. She was not wearing a seatbelt. The driver of the vehicle, Jonathan Patrick O’Sullivan, was speeding and under the influence of alcohol at the time of the accident. He was charged with vehicular homicide, drunken driving, speeding and several related crimes.

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Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz is pleased to announce that our Partner Ben Rubinowitz has been asked to deliver a lecture on Medical Malpractice at the 35th Annual Winter Urologic Forum in Colorado this January. Known for its expertise in the field, GGCSMB&R has successfully resolved thousands of medical malpractice cases for those who have been injured as a result of medical negligence. Ben Rubinowitz explained that ” it is truly an honor to have the privilege of speaking to such a distinguished group of doctors.”

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On December 28, 2010 the New York Law Journal featured GGCSMB&R attorney Ben Rubinowitz and his colleague Evan Torgan, of Torgan & Cooper. For the past ten years Ben Rubinowitz and Evan Torgan have provided expert commentary in their Trial Advocacy column to attorneys throughout the State. To date, the two have written more than 50 articles on Trial Advocacy. Known for practicing what they preach, both Evan and Ben have achieved multiple million dollar verdicts. In this months article they discuss Common Mistakes on Direct Examination. “Too often lawyers rush through direct and fail to listen appropriately to the answers that are given by the witness” said Rubinowitz. “This has the potential to result in disaster. That’s why in this article we focus on ways to cure this problem, simplify the examination and make the testimony more meaningful for the jury.

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Ben Rubinowitz has been named to the faculty of The 35th Winter Urologic Forum to be held January 28 – February 1, 2011, Sheraton Steamboat Resort, Steamboat Springs, CO. Ben is the only attorney on the faculty which includes physicians from States including New York, California, Michigan and Illinois.

This meeting will identify for urologists new management strategies for prostate and bladder cancer, stone disease, incontinence, impotency and the impact of healthcare legislation on their practice. Urologists attending this meeting will learn new ways to improve overall patient care. For more information click here.

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In this New York Construction Accident case The Second Department granted plaintiff”s motion for summary judgment on his 240(1) cause of action. The facts as set forth by the Court were as follows;

“In August 2004 the plaintiff was working as a carpenter on a project involving renovation of office space for the lessee of that space, the defendant Orthopedic Associates of Dutchess County, P.C. (hereinafter the defendant). The plaintiff alleged that debris, including metal studs 10 to 12 feet long, were thrown down a chute from the fourth floor of the subject building, and that he was responsible for unclogging the bottom of the chute on the ground floor. He further alleged that he was injured when, while clearing the chute, he was struck on the hand and lower arm by one of those metal studs that had either been (a) deposited into the chute on the fourth floor and fell down the interior of the chute before striking him as he worked on the ground floor, (b) deposited into the chute on the fourth floor, and became blocked by a stud lodged near the bottom of the chute, but again began to fall when the plaintiff dislodged the lower stud, or (c) lodged near the bottom of the chute, but had become dislodged when another metal stud fell several stories down the interior of the chute and struck it.”

In granting the motion the Court citing Runner stated, ” The Court of Appeals has recently stated that “the single decisive question is whether plaintiff’s injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential” (Runner v New York Stock Exch., Inc., 13 NY3d at 603). The Court went on to state;

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A New York jury has awarded a Cheektowaga woman $66 million after she was paralyzed by a exercise unit that toppled onto her. The upstate woman was working as a physical therapist six years ago when the weight machine fell on her, causing severe and permanent injuries. The judgement is believed to be the largest personal injury award in western New York State history.

The manufacturer of the exercise equipment, Cybex International, Inc., was the center of the trial and found to be responsible for $49.5 million of the judgment. Cybex vigorously denies any wrong doing, claiming the woman “pulled a Cybex weight machine over on herself” and is solely to blame. The 300kg weight exercise machine crushed the woman’s vertebra, leaving her a quadriplegic.

Cybex has already stated it’s intention to appeal. It claims that if the judgment stands, it will likely put Cybex into bankruptcy.

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fordFord pleaded with the Illinois Supreme Court Justices last week in hope that they’d overturn the $43 million Madison County verdict awarded to Dora Mae Jablonski in 2005, as reported in The Madison Record.

Jablonski’s husband, John Jablonski, died after the fuel tank in their 1993 Lincoln Town Car exploded and she suffered severe burns across most of her body.

“We firmly believe that the parties received a fair trial in this case,” Fifth District Appellate Court Justice Bruce Stewart wrote in a February judgment.

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ConsrtuctionSiteAccidents2010Update4.jpg The New York State Bar Association has chosen Howard S. Hershenhorn of Gair,Gair,Conason,Steigman,Mackauf,Bloom and Rubinowitz as The Overall Planning Chair of its annual Construction Site Accidents Program to be held on Nov 19, Dec 3, and Dec 10. Our Partner, Christopher L. Sallay is the Assistant Planning Chair. Also Participating from our Firm are Ben B. Rubinowitz, Chair of The Long Island Program. Robert L. Conason and Anthony H. Gair will also be speaking at the program. In addition to serving as overall Planning Chair, Howard S. Hershenhorn will be demonstrating both plaintiff’s and defendants’s opening statements at The New York City Program as will Ben B. Rubinowitz at The Long Island Program. Robert L. Conason will be giving a demonstration of a Plaintiff’s Closing Argument at The New York City Program. Anthony H. Gair will speak on The Current State of the Labor Law at The Long Island and New York City Programs.

In describing the program Mr Hershenhorn said, “We are honored to be asked to chair this important program on Construction Site Accidents. We have always sought to share our expertise with other attorneys in the field and we have asked some of the very best attorneys throughout New York State to join us.” GGCSMBR has achieved some of the largest awards in the Country for those who have been injured as a result of safety failures at Construction job sites. The firms expertise has brought them National acclaim in the field. Click on the following for information for each location.

(F) November 19, 2010 Albany New York State Nurses Association

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On Tuesday, November 2, 2010, Cardozo Law School held a seminar on Opening Statements for more than 100 students as a prerequisite to its Intensive Trial Advocacy Program. Featured Speakers at the lecture included Ben Rubinowitz, Robert Conason and Richard Godosky. Prof. Ellen Yaroshefsky introduced each of the three speakers as “some of the very best trial attorneys in the Country.” She went on to say that “each of the speakers is viewed as a ‘Lawyer’s Lawyer’ by practicing members of the Trial Bar. Yaroshefsky said “when a lawyer is in need of help these are the lawyers they turn to.”

Ben Rubinowitz gave a lecture and demonstration on opening statements in a civil trial focusing on appropriate representation of individuals who have been severely injured through the fault of others in car accidents, products liability and medical malpractice cases. His talk was followed by Robert Conason and Richard Godosky who demonstrated comparative methods of conducting Opening Statements.

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