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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Medical maplpractice attorney Ben RubinowitzThis past Saturday our managing partner Ben Rubinowitz lectured to urologists at the Societies for Pediatric Urology SPU2021 Pediatric Urology Fall Congress held in Miami, Florida.

Ben presented a dynamic talk as to the pitfalls of inadequate care and the resultant harm that comes to patients when doctors fail  to provide appropriate treatment. To reinforce his points, Ben cross examined doctors with regard to medical malpractice.  Ben’s talk and demonstration focused on testicular torsion cases and circumcision cases gone wrong. “I consider it an honor to be invited to speak at both the Mayo Clinic and at the Pediatric Urology Fall Congress,” said Ben Rubinowitz.  “ If we can prevent patients from being harmed we have all done something good — remember, we are all in this together — and no patient needs to suffer an injury that could have been prevented.”

For more than 25 years Ben has shared his expertise with physicians throughout the country.  This  program was attended by more than 300 urologists from across the country.

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construction workers moving equipment are at risk of struck by accidentsIn New York and in the US, construction companies, like any employers, are responsible for the safety of their employees while they are at work. If a construction worker is injured or killed on the job, the employer might be liable. Therefore during the pandemic they had to make sure that construction workers were adequately protected from getting the potentially deadly virus.

In their last month Data Bulleting, the Center for Construction Research and Training (CPWR), looked at how construction companies dealt with Safety Management during the Covid-19 pandemic. Because of the nature of their work, construction workers can not work from home and often have to work in teams. Therefore they can easily be exposed to Covid19 if one of the workers is sick. As a result, construction businesses had to take measures to keep their employees safe from potential viral transmission.  However  the CPWR found that safety measures were different from one construction business to the other.

It is not a surprise that three quarters of construction businesses in the US reported that their business suffered from the Covid-19 crisis and that  a quarter of them suffered large decreases in employment compared to pre-pandemic levels. Among the extra expenses related to Covid19, many construction businesses implemented on-site testing as many of them also did not require vaccination for employees working on their construction sites.  While 11% of all nonfarm businesses require their onsite employees to be vaccinated, only 6% of construction companies do.

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A New York City assistant principal planned a sexual encounter with a 14 year old boy on Grindr and instead found himself facing an adult who filmed the encounter and uploaded it on Youtube. Earlier this year, 40 year old Claudio Garcia who works at Queens Technical High School in Long Island City as an assistant principal, was on Grindr and starting to chat with a boy who told him first that he was 18 but then said he was actually 14. Garcia then planned a meeting with him in a park that was supposedly near the boy’s Bronx house. When he arrived at the meeting, an adult man was there. The encounter was filmed and posted on YouTube.

The Police recently arrested Garcia and brought him to the 52nd Precinct to be questioned. He was then charged with attempted criminal sex act and disseminating indecent materials to minors.

Garcia was arraigned yesterday night in Bronx criminal court. While the DA consented to release Garcia without bail, Judge Audrey Stone ordered Garcia to be on supervised release. “Given the nature of Mr. Garcia’s status within the community and the very serious charges here, I believe supervised release at a minimum would be appropriate,” the judge said. “Mr. Garcia, I want to explain to you that I understand that the D.A.’s office is requesting release without any conditions, however, these are very significant changes.”

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location of the explosion6 people were injured in NYC and 54 of them lost their home after an explosion sparked a major fire just after midnight on Wednesday. The explosion originated in the basement of a 3-story brick rowhouse located on Vermont Street near Jamaica Ave  in Cypress Hill.

According to CBS, tenants and neighbors complained to the landlord about gas smell 12 hours before the accident occurred. Tenants thought the landlord would take care of it but instead they were woken up in the middle of the night by a giant explosion.

The explosion which is being investigated, sent a giant fireball across the street and fire propagated quickly to the apartment units on the top (see video below) . Two tenants living on the top floor were awake and and were able to escape before the firefighters showed up 3 minutes later.

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location of the deadly drag racing crashA 17 year old behind the wheel of a 2018 Honda Civic crashed his car and died during what might have been a drag race according to the Police.

Last night around 9:25 pm, Antonio Fonseca was driving at high speed on the Henry Hudson Parkway in the Harlem area.  He was in the left lane. On the center lane was another Honda Civic driven by a 20 year old and on the right lane was a Honda Pilot driven by a 26 year old.

Antonio Fonseca lost control of his vehicle and sideswiped the Honda in the Center lane which then collided with the Honda Pilot on the right lane. As for Antonio, his car stroke the median and overturned several times before stopping in the middle of the center lane. He was rushed to the hospital but did not survive his injuries. Read more in the Daily News

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Vision Zero recently released a cycling trend in New York City. However the presentation is a little bit disappointing as it doesn’t contain any bicycle accidents statistics or safety analysis that compare the surge in the number of bicycle rides in the city with the number of bicycle accident injuries and deaths. So we used the bicycle accident injuries and deaths statistics from the NYPD and we compared them with the DOT estimated numbers of rides.

While the city has been making some improvements over the years and  created new bike lanes, numbers clearly show that this is not enough as a record high percentage of riders dying in bicycle accidents were recorded in 2019 and 2020. While the de Blasio administration has been pushing New Yorkers to use bicycles and other clean modes of transportation, recent data show that more has to be done to protect New York cyclists.

The ratio of  bicycle accident fatalities compared to the number of rides which was pretty high in 2014 when Vision Zero started decreased significantly in 2015, remained a little higher in 2016 and 2017 and droped in 2018. Unfortunately it didn’t last. In 2019, the percentage of cyclists deaths was back at the 2014 levels and it reached a record high in 202o.

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Sadly Thanksgiving Holidays are not only associated with good family time but also with a rise in car accident fatalities and injuries. National statistics show that car crashes increase by 17% during the day and the night before Thanksgiving as families travel across the United States to get together. Consumption of alcohol is also a contributor in many accidents that occur during the Holidays.

overpass where the deadly crash occurred NY19 year old loses control of vehicle packed with 5 passengers killing two of them and seriously injuring two others

In the New York area, two young people died in a car accident in Long Island on Thursday night. According to the police, the driver of a Honda Pilot who was carrying 5 other passengers sideswiped a Toyota Corolla on the Southern State Parkway near Hempstead and lost control of the vehicle. The car then crashed into an overpass located near exit 21.  The driver, identified as 19 year old Herson Gonzalez survived while two 23 year old passengers, Patricia Rakissoon from Bay Shore and Elliott Bryant from Brooklyn, died. Two other passengers were transported to the hospital with serious injuries while the driver and another occupant were also transported to the hospital to be examined. The occupants of the Toyota were not injured. The exact causes of the accident are still being investigated.  (read more in the Nassau Daily Voices) (Picture of the location of the deadly crash: courtesy of Google Map).

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Triborough_Bridge were the accident occuredThankfully nobody was seriously injured in an accident involving multiple cars  after a NY State trooper opened fire on two suspects fleeing in a stolen car  on the RFK bridge that was packed with holiday travelers.  The bridge was closed  for hours creating major traffic delays.

The hunt for the car, a 2021 Acura Sedan, started the day before when the owner of the car reported to the police that the vehicle was stolen. On Sunday afternoon, the owner of the Acura contacted the police again and told them that his tracking app was showing the vehicle on the RFK bridge. The car was spotted by the Triborough Bridge and Tunnel Authority officials who contacted the NY State Police.

According to a witness the State troopers were able to localize the car and get close to it. One of the troopers knocked on the window of the stolen car. After a while the driver opened it and the officer grabbed him by the neck.  The driver took off, hitting another car that struck the trooper. The trooper then opened fire on the fleeing suspects who hit multiple other cars as they were fleeing from the police.   Two people were hurt including the State Trooper and the thieves were arrested in Harlem after they got off the bridge.

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Personal Injury attorney Rubinowitz gala honoree
Congratulations to our managing partner Ben Rubinowitz for being among the 50 alumni who will be inducted to the Hofstra Law Hall of Fame as part of the 50th anniversary celebration of the  Maurice A. Deane School of Law at Hofstra University.  Ben and 49 other alumni as well as 15 distinguished alumni on the bench will be recognized at the Law School’s 50th anniversary gala on April 5, 2022, at the Whitney Museum of American Art.

Recognized as a top trial attorney nationally, Ben graduated from  Hofstra Law and started his career as a prosecutor where where he honed the trial skills that would become his hallmark. He joined the Personal Injury Law Firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf  and throughout his 30-year legal career he made his mark as a leading trial lawyer devoting his career to helping those in need. Results speak for themselves as through his hard work, meticulous trial preparation and his outstanding courtroom skills and presence, Ben has obtained 200 verdicts and settlements in excess of one million dollars. Among the most recent outstanding results was the largest pain and suffering award ever affirmed in New York State history by the Appellate Division. This record setting award was based on a $60 Million jury award in which a 16 year old student was severely burned in his Chemistry class when his teacher negligently performed a demonstration in violation of the school’s own science safety manual.

Throughout his brilliant career, Ben received multiple prestigious awards such as the prestigious Prentice Marshall Award and Robert E. Keeton Award for Trial Practice, and was voted “Lawyer of the Year by “Best Lawyers in America” four times. He was also invited to be a member of the Inner Circles of Advocates whose membership is limited to 100 trial lawyers in the country.

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Alonzo Yanes suffered devastating injuriesThe Appellate Division of New York just allowed the largest award for Pain and Suffering ever in New York State History. Although the jury verdict was reduced, the Appeals court allowed $29 million for Pain and Suffering. This award represents an almost 50% increase from the next highest award — $20 million which was a recent decision from the same court.

The case was one that sparked national attention. A 10th grade student, Alonzo Yanes, was severely burned in his 10th grade chemistry class due to the negligence of his teacher Anna Poole and the New York City Board of Education.  The teacher, who had been performing the “rainbow experiment,” failed to take necessary safety precautions to protect the students in her class. In the experiment the teacher was using methanol, a highly flammable substance, and failed to ensure that the students were kept at a safe distance from the demonstration table, failed to provide goggles to the students, failed to ensure there was a fire blanket was in the classroom and conducted the experiment in a classroom which did not have proper ventilation or showers.

Alonzo was burned alive. As the teacher poured the methanol from a gallon jug into a beaker a large  fireball erupted and coated this young student with millions of droplets of burning methanol. Alonzo was screaming in agony —  but because there was no protective equipment in the classroom and no shower or fire blanket he kept burning while a teacher from another classroom finally entered the classroom with a fire blanket to smother the flames.

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