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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matthew vo nohlen A man who fatally struck a bicyclist in NYC last July was arrested and charged with manslaughter. Last July Matthew Von Olen was riding his bike on Grand Street in Williamsburg, Brooklyn, when he was intentionally struck by a car.  According to acting DA Eric Gonzales, the driver recklessly swerved into the bike lane and struck the bicyclist. He hit him from behind knocking him off his bike. He then drove over him and dragged him 10 to 20 feet as he was speeding away (see previous blog). The man was identified as 56 year old Juan Maldonado from South Williamsburg. He was arrested yesterday morning. He was brought to Brooklyn Supreme Court and indicted on eight counts including leaving the scene of an accident, criminally negligent homicide and second-degree manslaughter. He may be sentenced to up to 15 years in jail if convicted. 35 year old Matthew Von Holen was the founder of BikeStock and and an avid cyclist.

Read more in the Gothamist Picture source: Facebook

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carlos moncayoForeman Wilmer Cueva negligent act caused the death of New York construction worker Carlos Moncayo. Wilmer Cueva, a foreman for Sky Material, an excavation company, was supervising work at a construction site located on 9th Ave in the Meatpacking District in Manhattan.

As the excavation of the site was progressing, Cueva received repeated warnings of imminent danger by an inspector. The trench that had reached 7 feet was not reinforced as it should have been. The NYC construction code requires that any trench reaching 5 feet be reinforced. Cueva ignored the warnings and the code and asked workers to continue to excavate.

The trench was 14 feet and still wasn’t reinforced when it collapsed on Carlos Moncayo. The accident was foreseeable and preventable and Wilmer Cueva acted in a criminal manner. He was was convicted of Criminally Negligent Homicide and Reckless Endangerment by a York State Supreme Court jury. He will be sentenced in December.

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A hit and run livery cab driver who injured an 11 year old boy in a car accident was recently found by investigators in Germany. 37 year old Djanfarou Tough struck a young pedestrian in the Bronx in 2013. He not only fled the scene of the accident but also the country. He first flew from JFK to Africa and was recently found in Germany. Brought back to the Bronx Supreme Court, the man was arraigned on charges of leaving the scene of a crash and aggravated unlicensed operation of a motor vehicle. The young boy hasn’t fully recovered from his injuries but at least he will get justice. Read more in the NY Daily News

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Clarence Ditlow, a very influential and effective activist who protected consumers from unsafe vehicles died from colon cancer on November 10. He was 72 years old.

Clarence Ditlow who started as a lawyer for Ralph Nader’s Public Interest Research Group in 1971 had been at the head of the Center for Auto Safety for the last 40 years.  A lawyer and an engineer, Ditlow dedicated his life to improve the safety of anyone driving or riding a car. A workaholic who received only a modest salary, he spent his life going after negligent automakers and complaisant regulators.

Tirelessly assembling evidence about the causes of car accidents and the injuries or deaths resulting from these crashes, he exposed safety defects in millions of motor vehicles. His work lead to massive safety recalls and saved an untold number of consumers from deadly accidents.  He was considered the “guardian angel” of American motorists.

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Jeffrey BloomOur partner, New York Personal Injury Lawyer Jeff Bloom, will be speaking at the New York State Bar Association “Bridging the Gap” Seminar. This seminar will take place on Wednesday November 30 and Thursday December 1st at CUNY Graduate Center, 365 Fifth Avenue in Manhattan. The seminar will be broadcast live in Albany and Buffalo. Attendants at these two locations will have the opportunity to communicate live with New York Speakers. “Bridging the gap” is a CLE seminar dedicated to recent graduates and newly admitted attorneys. Jeff will present an Examination of the Defendant by the plaintiff’s Attorney. He will address the following points:

  • Should the Defendant be the Plaintiff’s First Witness?
  • Your Manner
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A 59 year old man is in critical condition after he was struck by a car in New York City. The accident took place on Sunday around 5.20 pm. The pedestrian was crossing Ralph Ave at the intersection of Macon Street when a car hit him. The driver didn’t stop. The pedestrian was transported to the hospital in critical condition. The police are still looking for the car which may possibly be a red sedan. Read more in the NY Daily News

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A 11 year old boy suffered critical injury in a NYC car accident. The young boy was crossing the street at the intersection of Willets Point Blvd and 148th Street in Flushing when a SUV struck him. A witness said she saw the boy flying and then falling on the ground. The boy was rushed to the hospital in critical condition. Further investigation will determine the exact cause of the accident. Read more in the NY Daily News 

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accident sceneA 17 year old driver accidentally killed his grandmother in a car accident in New York City on Sunday.  The young man who lives in Queens with his parents and grandparents was about to take the family to church when the accident occurred.  As he backed up in the narrow driveway of their home, Jadesh struck his grandmother who had stepped into the path of the car. 75 year old Chandravti Lakhan was transported to the hospital in critical condition. She couldn’t be saved.  According to the neighbors, the whole family is very united. The parents  and the grandparents live together  with 5 children in a house located on 267th St. near 83rd Ave in Queens, NYC. It wasn’t uncommon for Jadesh to take his grandparents out.  The whole family was visibly distraught by the tragedy.

Read more in the NY Daily News

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Construction worker helpin another one to set up safety harness

Picture source: Wikipedia. Photos taken on residential construction sites which use fall arrest systems

Construction workers have a higher risk of accidents than many other workers in other industries. According to the most recent census of fatal occupational injuries, 611 workers died in construction accidents in the US in 2014. It is the highest number of construction worker deaths since 2009.

Most studies about construction workers safety present the management perspective. In a recently published study, the Center for Construction Research and Training (CPWR) focuses on workers perception.

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A NYC cop was injured in a car accident involving a livery cab driver at a New York Airport. Tuesday afternoon around 1:00 pm, 30 year old Macias Rubio, a livery cab driver was looking for customers at Laguardia Aiport . As he was negotiating a fare with a potential customer, a police officer approached him. The officer put his head through the open window of Rubio’s car and started talking to him. Rubio sped off and dragged the police officer with him. After a short distance, the livery cab driver, stopped. He got out of his car and ran away. He was chased by other cops and arrested. The officer suffered several injuries in the accident. Read more in the NY Daily News