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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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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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In recognition of our firm’s skill in handling medical malpractice cases our partner Ben Rubinowitz was asked to be a featured speaker at the 25th Annual MLMIC Risk Management Seminar held in Albany , New York on October 29, 2010. Ben was asked to speak as an advocate for the patient. Ben spoke to more than 125 Risk managers and doctors about common themes in hospital liability cases and how he has handled the high exposure cases.

“I consider it an honor to be asked to lecture to the very people who are often my adversaries,” said Ben “and I like to think it that we were asked to participate in this seminar based on the extraordinary results we achieve on behalf of out clients.” Joining Ben as speakers at the seminar were Dr. Kathy N. Shaw, the Chair of Pediatric Emergency Medicine at the Children’s Hospital of Pennsylvania, Fay Rozovsky of the Rozovsky Group and Nancy E. May Skinner, Esq. of Fager & Amsler.

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Michael TaratutaOn the evening of July 24, 2001 Michael Taratuta, was walking on the sidewalk abutting a building when, suddenly, and without warning, a section of a security fence which was erected on the parapet wall surrounding the roof of the five-story brick, non-elevator building rising to a main roof elevation of approximately 59 feet fell to the sidewalk below, striking and seriously injuring Michael. As a result of the occurrence, Michael sustained grave injuries, including a traumatic brain injury, open comminuted fractures of the skull and multiple intracerebral hemorrhages and contusions. Initially it was not thought he would survive. We represented Michael for years of litigation during which he underwent numerous brain surgeries.

Miraculously, following years of therapy Michael recovered to the extent that he was able with the help of his wife, Ira, to write an amazing book, in comic book format detailing his recovery. Prior to the accident he was a talented graphic artist. The case was successfully resolved allowing Michael to live a financially secure life.

Michael’s book is up at amazon.com for Kindle.

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We are pleased to announce that our own Tony Gair has also been named to this years Best Lawyers as the “New York Best Lawyers Product Liability Litigator of the Year” for 2011.

This is in recognition of Mr. Gair’s long history of helping people injured by the negligence and carelessness of others. He also advises younger attorneys on how to effectively represent people who have suffered catastrophic injuries and has taught at Fordham University School of Law in the Continuing Legal Education program.

One of his most notable roles was heading up the team that represented the Diallo family for the wrongful death of their son Amadou, who was shot 19 times by members of the New York City Police Department’s Street Crimes Unit-a case that was extensively covered by the national media.
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