A 70 year old man died after being assaulted by another resident at Ocean Promenade Rehabilitation and Nursing Center in Rockaway, Queens, New York last night. The attacker used the leg rest of a wheel chair to beat the victim to death according to the police.A dispute over the curtain between their beds sparked the attack. The two men who were sharing the same room since July never got along according to residents.
Read more in the New York Daily News
A bus driver and several children were injured when a school bus overturned after a collision with a pick up truck. The crash happened this morning at the intersection of Oakdale St. and Preston Ave. in Eltingville, Staten Island, New York. The police are still investigating the cause of the accident.
Read more in the New York Daily News
Fear of possible Listeria Contamination prompted several companies to recall their ready to eat salad kits as the Center for Disease Control and Prevention and the U.S. Department of Agriculture and the Food and Drug Administration are working together to monitor and prevent potential Listeria-related illnesses.
In a previous blog we announced that Milwaukee-based Garden-Fresh Foods Inc had recalled close to 100,000 pounds of food in September and October. Last week the FDA issued a third class I recall for the company that included an additional 103,080 pounds of products. A food safety assessment at the facility following the initial recall, indicated that additional products may have been contaminated due to harborage of Listeria monocytogenes within the facility.
Another Class I recall was issued on October 29 for Taylor Farms Maryland and Taylor Farms Texas. Approximately 22,849 pounds of broccoli salad kit products were recalled due to concerns about possible Listeria contamination in the salad dressing.
In their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write: Just as defendants use surreptitious video-recording in an attempt to capture images of unsuspecting plaintiffs engaging in activities which they claim their injuries restrict, in fairness, plaintiffs should be afforded the same opportunity when it comes to challenging the weight of the opinions offered by defendants’ examining doctors at trial.
Our partner Anthony Gair was invited by the New York State Bar Association to speak at their seminar LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE in New York City on October 24th.
This is a video from his presentation. If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info.
Defective brake control software may increase the risk of an accident for Nissan Pathfinders from model years 2013 and 2014, as well as Infiniti JX35 SUVs from model year 2013, and QX60 SUVs from model year 2014.
In the affected vehicles, on rough or uneven roads, software settings in the antilock braking system may lead to stopping distances that are longer than drivers expect, Nissan said.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner Jeffrey Bloom together with Jeffrey Lichtman from Trolman, Glaser & Lichtman have been elected Co-Chairs of LawPAC, the New York State Trial Lawyers Association’s Political action committee.
Both Mr. Lichtman and Mr. Bloom have dedicated their time and energy over many years to NYSTLA’s political campaigns, and their election as Co-Chairs is a well-deserved recognition of their efforts.
Jeffrey B. Bloom graduated from Hofstra in 1979. He joined our firm that same year and became one of the top medical malpractice and personal injury attorneys in New York. Jeffrey has been co-chair of NYSTLA’s Medical Malpractice Committee for the past eight years.
In New York City in 2012 there were 152 pedestrian and cyclist fatalities and 14,327 injuries. Of those 14,479 crashes, DMV data show NYPD cited 101 motorists for careless driving. That’s a citation rate of 0.7%.
The careless driving law was initiated in 2009 and was intended as a minimum penalty to hold drivers who injure and kill accountable, in lieu of a more serious criminal charge. However after summonses were dismissed in court because officers weren’t witnessing violations the NYPD prohibited cops from issuing careless driving citations unless an officer witnesses a violation, or the crash is investigated by the Collision Investigation Squad (previously known as the Accident Investigation Squad). CIS only investigates around 300 crashes a year. As a consequence NYPD doesn’t enforce the law against careless driving and most reckless drivers are never being held accountable for their acts.
Read more in StreetBlog.org
After too many pedestrians suffered personal injury or wrongful death in traffic accidents on Fourth Ave in Bay Ridge Brooklyn, New York City proposed to trim traffic lanes to slow speeding drivers. This proposal was rejected by the Brooklyn Community Board 10. According to the Brooklyn Daily, some board members said they wanted the avenue to keep its current format, even if it endangers residents walking in the neighborhood.
A previous study for the National Highway Traffic Safety Administration said the six-mile thoroughfare was the third most dangerous road in Brooklyn, tied with Avenue U and Eastern Parkway. The study shows that 4 pedestrians were killed on the strip between 2008 and 2010, mostly elderly and children. This year, two pedestrians have been killed at this location.
Courtesy of Department of Transportation: The city was also proposing an island to give refuge to pedestrians crossing Fourth Avenue on the southern side of 86th Street. The board rejected it as well.
Rosa Eubanks, 54, was killed in a car accident involving 3 vehicles Tuesday morning. Rosa, a city bus driver, was driving to her depot when her car slammed into another car and and the course struck a tractor trailer truck at the intersection of Ralph and Foster Aves in East Flatbush, Brooklyn, New York.
Eubanks was married with 4 children and had been working for 19 years as a bus driver. She was an active supporter of Transport Workers Union Local 100. She died at Brookdale Hospital. The other driver was also injured and was transported to the hospital. He is in stable condition. The bus driver didn’t suffer any injury.
Read more in the New York Daily News
New York Personal Injury Attorneys Blog