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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The Metro North Train accident that killed 4 people and injured at least 61 on December 1st 2013 was caused by the engineer’s noncompliance with the 30-mph speed restriction because he had fallen asleep due to undiagnosed severe obstructive sleep apnea exacerbated by a recent circadian rhythm shift required by his work schedule.

According to a report released Today by the National Transportation Safety Board, the accident could have been avoided if Metro North and the Federal Railroad Administration had a policy requiring medical screening for sleep disorders and if the train was equipped with a system that would have automatically applied the brakes to enforce the speed restriction.

The NTSB also released Today the following Metro North train accident reports:

  • A report on the March 10, 2014 train accident during which an electrician was fatally struck by a train in Manhattan, New York
  • A report on the July 18,2013 accident during which a train transporting municipal refuse derailed in the Bronx, New York
  • A report on the May 28, 2013 accident during which a track foreman was struck and killed by a train in West Haven, Connecticut
  • A report on the May 17, 2013 accident during which two trains collided, injuring at least 65 passengers in Bridgeport, Connecticut
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Ben%20Rubinowitz%20and%20Evan%20Torgan.jpgIn their Trial Advocacy column, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write that obtaining a just and proper award from a jury for pain and suffering in a wrongful death case can be challenging. An effective trial attorney must thoroughly prepare for all stages of the trial, including a voir dire that explores the feelings and beliefs of the potential jurors, and a strong summation that relates those feelings and beliefs to the evidence.

Read the complete article in the New York Law Journal
or Download it here.

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defective%20alarm.jpgSome Kidde alarms may be defective and fail to alert consumers of a fire or a CO incident. Kidde residential smoke alarm model i12010S with manufacture dates between December 18, 2013 and May 13, 2014, combination smoke/CO alarm il2010SCO with manufacture dates between December 30, 2013 and May 13, 2014, and combination smoke/CO alarm model KN-COSM-IBA with manufacture dates between October 22, 2013 and May 13, 2014 are being recalled by Kidde. The defective alarms are white and round (see picture) with the name Kidded engraved in front of the alarm. These alarms were sold at major retail stores such as Home Depot and also online through Amazon and other online retailers. Consumers who own this product should immediately contact Kidde to have it replaced.
Read more here

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A 33 year old driver hit a 92 year old man at 26th Ave and 44th street, in Queens, NYC, Wednesday around 5.30 pm. The driver first stopped at the scene but then started to drive away. Other drivers who had witnessed the accident were able to follow him and hold him until the police arrived. Charges are pending against him.

Read more in the NY Daily News

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A young man from Brooklyn using acetone and coconut oil while drying tobacco leaves to prepare for the opening of a Hookah bar set himself on fire after the fumes from the chemicals ignited with the pilot light of the enclosed basement’s water heater and caused an explosion. The 22 year old man caught fire and ran out in the street. A video shows the man running with his shirt and pants burning. He was rushed by paramedics to a Medical Center and was later transferred to Cornell Hospital’s burn unit for further treatment.

Read more and see video in the NY Daily News

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Failure to diagnose Small Intestinal Bacterial Overgrowth (SIBO) can be medical malpractice that can result in bloating, abdominal distention, abdominal pain and discomfort, diarrhea, fatigue and weakness. Complications of SIBO range from mild, including diarrhea and minimal vitamin deficiencies, to severe, including malabsorption and neuropathies due to fat-soluble vitamin deficiencies.

In a recent article in the Washington Post, Sandra G. Boodman, tells the story of a woman who struggled for more than 40 years with this condition. For years she was misdiagnosed with irritable bowel syndrome until she was referred to Gina Sam a gastroenterologist at the Mount Sinai Hospital in Manhattan and a specialist in motility disorders, problems that occur as food passes through the digestive tract. Because the woman didn’t suffer any pain which is a prominent symptom of Irritated Bowel Symptom, Dr. Sam suspected her patient was suffering from another condition. The doctor was able to properly diagnose her patient with SIBO, a condition that has received new attention as gastroenterologists have focused on the importance of the microbiome, the stew of bacteria and other microorganisms that comprises the gut’s ecosystem and is affected by diet.

Read the complete article here

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A 77 year old woman was hit by a dump truck as she was walking on the double yellow line of Flatbush Avenue at Atlantic Ave, a very busy intersection near the Barclays Center. She was rushed to the hospital but didn’t survive. The truck driver stayed at the scene and wasn’t charged. Read more in DNA Info.

The intersection of Flatbush Ave and Atlantic Ave is a very dangerous intersection in Brooklyn. According to NYC crash mapper there was an average of 5.16 collisions per month at this intersection between August 2011 and February 2014, 4 pedestrians, 4 cyclists, 22 vehicle passengers and 9 drivers suffered personal injury after being involved in an accident at this intersection.

Atlantic%20Ave%20and%20Flatbush%20Ave%20in%20Brooklyn%20NYC.jpg
The intersection where the truck accident happened, picture: courtesy of Google Map

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Two New York construction workers got trapped in dangerous asbestos debris and suffered personal injury after a ceiling collapsed and a 30×50 piece of concrete with metal reinforcing rods fell on them. The two workers were part of a crew of 19 people prepping the old Social Services building in Mineola for asbestos removal when the accident happened. The 17 other workers had to be decontaminated for asbestos. See video below

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After many accidents during which trucks have been striking the E. 90th street overpass on the FDR drive in Manhattan, the city installed a metal beam to prevent future accidents. A section of the FDR drive was closed on Saturday for this purpose.
Read more in the New York Daily News and ABC7

East%2090%20street%20overpass.jpg
Source: Google map

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A man lost control of his car and struck another car causing it to jump the curb and hit a pedestrian who was knocked down to the pavement in St Albans, Queens, NYC. The pedestrian was transported to the hospital in critical conditions. the driver stayed at the scene and told the police that his brakes failed. The accident is still being investigated by the police.

Read more in the Gothamist

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