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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BR.jpgIn their Trial Advocacy column, New York Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan of Torgan & Cooper write: The rhetorical question is an effective and persuasive tool for summation. It is subtle in its delivery and potent upon its receipt. When used properly, it can persuade a jury without the insult of a more heavy-handed approach. A seasoned and accomplished trial attorney has to ask, what could be better?

Following is the article

The art of persuasion comes in many forms. It is the manner in which the trial lawyer chooses to present certain facts that will serve as the driving force behind a successful outcome. Since every aspect of the trial should be conducted with an eye toward summation-toward creating the most powerful argument that can be advanced-the trial lawyer must be acutely aware of how each part of the trial will affect the summation.
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A defective ignition switch can turn off the engine and disable the airbag on six different models of General Motors cars but last week the company decided to only recall two models even though management is perfectly aware that 4 other models have the same defect.

Read here the investigation of Christopher Jensen from the New York Times.

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Mayor Bill de Blasio who has been passionately advocating safe street initiatives to reduce traffic accidents is not practicing what he is preaching. A CBS video shows the mayor’s car engaged in multiple reckless driving behaviours: blowing traffic stops, speeding 15 miles over the authorized limit, changing lanes without signaling and parking on the pedestrian crosswalk. That’s enough violations for a license suspension in New York.

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Because medical needs of long term care patients are often being neglected when they transition from a long term stay in a nursing home to a home and community based services program, they are at a greater risk of hospitalization than those with similar conditions who choose to stay in a nursing home.

A recent study published in the Journal of the American Geriatrics Society (J Am Geriatr Soc 62:71–78, 2014.) and led by Andrea Wysocki, PhD, Center for Gerontology and Healthcare Research, Brown University, Providence, Rhode Island compares hospitalizations of dually eligible older adults who had an extended Medicaid nursing home (NH) stay and transitioned out to receive Medicaid home- and community-based services (HCBS) with hospitalizations of those who remained in the nursing home.

Home and Community based services programs for patients with long term care (LTC) needs have been very in demand recently not only because patients prefer to be in a home and community setting rather than in an institutional setting but also because the per-person costs are usually lower for HCBS than for nursing homes.

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35% of all truck drivers who die in a truck accident test positive for alcohol or illegal drugs according to the National Transportation Safety Board. Out of this 35%, Alcohol and Marijuana represent 13% , cocaine 9%, amphetamines and methamphetamine’s 7%, other stimulants 5%, PCP and codeine less than 1%.

To reduce these types of accidents the Federal Motor Carrier Safety Administration proposed the establishment of the Commercial Driver’s License Drug and Alcohol Clearinghouse, a database under the Agency’s administration that will contain controlled substances (drug) and alcohol test result information for the holders of commercial driver’s licenses (CDLs). The FMCSA is now accepting comments on the proposal until April 21st. Click here to read the proposal and add your personal comments

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In a car accident during which the front corner of a car hit another vehicle or an object such as a tree or a pole most minicars do not protect drivers adequately from serious personal injury according to a recent test from the Insurance Institute for Highway Safety. The only minicar that provided an acceptable level of protection was the Chevrolet Spark. The worst performers were the Honda fit and the Fiat 500.

Read the complete test results here

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Older drivers Today have a lower risk of being involved in a car accident than their peers did during the mid nineties. Because cars are safer and seniors are generally healthier they are also less likely to be killed or seriously injured if they crash. A new study from the Insurance Institute for Highway Safety demonstrates that drivers 70 and older have enjoyed bigger declines in fatal crash rates per licensed driver and per vehicle miles traveled than drivers ages 35-54, referred to in the study as middle-age drivers, since 1997.

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Texting%20and%20driving%20in%202012.pngVehicle Accidents caused by texting and driving are injuring and killing people every day but sadly the percentage of drivers who are texting or manipulating electronic devices while driving continued to increase in 2012 according to the latest National Occupant Protection Use Survey (NOPUS) of the National Highway Traffic Safety Administration.

In 2012, the rate of drivers texting while driving was of 1.5% compared to 1.3% in 2011.

The rate of people using a hand held cell phone has been steady at 5% since 2009 with a significant higher rate of usage among female drivers (6% compared to 4% for male drivers).

0.6% of drivers used headset cell phone while driving in 2013.
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In a recent malpractice lawsuit, a New York State Supreme Court Jury, Erie County, awarded $6 million for past and future pain and suffering and $2.8 million for medical expenses and lost of wages to a man who lost his leg as the result of medical malpractice by his surgeon. His ex-wife was also awarded $350,000 for loss of services.

Donald Schultz was a 35 year old public safety dispatcher for the City of Tonawanda, NY, when he broke his ankle in 2004. After initial treatment he still felt pain on the side of his foot near the little toe and made an appointment with Dr. Michael A. Parentis at the Knee Center of WNY. Dr Parentis performed 12 surgeries on his foot and leg. He started with surgeries on the little toe then amputated it. After the patient developed an infection, the doctor also amputated the fourth toe. As the pain continued the doctor continued to operate up until July 2009 when he amputated the leg below the knee.

Read more in Buffalo news

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An elderly patient with dementia was sexually abused in a Bronx nursing home last night. A male nurse at Manhattanville Health Care Center in the Bronx, NYC, was caught in the act of raping a 64 year old patient who was suffering from dementia. 42 year old Nanic Aidasani was picked up by the Bronx police and charged with rape.

For more info see video.

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