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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Hunter college where several students were allegedly sexually assaultedA 62 year old lab technician at a New York City High school is accused of forcibly kissing a student and propositioning another one for sex before he resigned last year. Asumana Randolph, who has been working for 26 years at Hunter College High School was recently charged with endangering the welfare of a child, sexual abuse and forcible touching. He pleaded not guilty to all charges and was released without bail. His next court hearing is scheduled for November 24.

According to a recent article in the Patch, Randolph, a lab technician and science club adviser, is accused of kissing a student younger than 17 year old on the mouth on multiple occasions and without her consent during the month of February 2019.  Additionally, in October 2018, Randolph propositioned a 17 year old student for sex while the student was in his office.  He told the student that it was not the first time that he had sex with a student. He said that 10 to 15 years ago, he had a relationship with another student and had sexual intercourse at the student’s apartment and that he was looking for a similar relationship.

Randolph was forced to resign in 2019 after the investigation started however his name was still listed on the school’s website until last Friday when the school removed it.

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construction worker is a police officerHighway construction workers have one of of the highest rate of fatality among all categories of construction workers. Too often, they die in accidents caused by reckless drivers. In New York State,  from May to November, the New York State Police and the New York State Department of Transportation  are joining forces to crack down on reckless drivers in highway construction zone areas. Through “Operation Hard Hat”, any highway construction workers could actually be a State trooper checking on your driving behavior near construction zones and communicating with other state troopers down the road to stop and ticket drivers who do not respect construction workers safety.

State troopers are sometimes taking the role of a flagman or could be seated in a truck checking your speed  or checking if you are using a cellphone

This year so far, according to a recent announcement by governor Cuomo, 37 operations have been conducted on New York State highways resulting in 432 speeding tickets, 112 seat-belts tickets, 192 cell phone tickets, 68 move over tickets, 2 failure to obey flagger tickets, 10 failure to obey traffic control device tickets, 1 DWI violation, 2 unsafe lane change tickets and 403 tickets for other violations. A total of  1,222 tickets were issued so far. Last year, the same campaign from May to November resulted in a total of 1,048 tickets.

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traumatic-brain-injury-picture-1According to a new study on traumatic brain injury, most victims of mild TBI suffer sleep-wake disturbance and fatigue that can last up to one year or more. For most of them, these problems resolve over time but for some, they persist and become chronic. The study was done in Norway by Simen Berg Saksvik, Migle Karaliute, Håvard Kallestad, Turid Follestad, Robert Asarnow, Anne Vik, Asta Kristine Håberg, Toril Skandsen and Alexander Olse. It was published last month in the Journal of Neurotrauma.

The researchers. compared the sleep quality and fatigue of a sample of patients suffering from mild traumatic injury with a sample of patients suffering from orthopedic trauma and with another sample of regular people from the community not suffering any trauma. Every TBI patient was matched with a patient suffering orthopedic trauma of same age, sex and education and a community person of same age and sex.

Each patient with TBI went through a clinical MRI and was subjected to an interview related to injury characteristics, demography and premorbid health problems. The patients then went through another round of interviews and questionnaires 2 weeks, 3 months and 12 months after the date of the injury. Patients with orthopedic trauma were submitted to similar interviews and questionnaires and non-injured matched people from the community took the 2 weeks, 3 months and 12 months interview and questionnaire.

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location of the fatal truck accidentA female panhandler was fatally struck by a tractor trailer in New York City yesterday. The accident occurred at the intersection of Linden Boulevard and Fountain Avenue in East New York, Brooklyn, NYC. The 40 year old woman was a local character. Her first name was Dona but local residents nicknamed her “loca”. The woman who was squatting near the intersection would come out of her house with a long gown and approach cars for change.  If drivers didn’t give her money she would scream and curse at them. Locals would always keep an eye out for her.  A man who witnessed the accident told the NY Daily News that he regularly gave her money and that he would always warn her to be careful about the traffic and she would just laugh at him.  Sadly the worst happened yesterday morning. The driver stayed at the scene of the accident and was not charged.

In Brooklyn, young adults are the most at risk of getting injured or killed in a large truck accidents

According to statistics from the New York DMV, there are between 3,500 and 4,000 large truck accidents in Kings County every year. While the DMV is still working on the 2020 numbers, it reported 8 fatalities and 523 personal injuries in 2019 preliminary statistics compared to 7 fatalities and 502 personal injuries in 2018.  Among the 3,442 large truck accidents reported in 2019 preliminary statistics, 82 involved pedestrians (4 fatalities and 35 personal injuries), 42 involved cyclists (2 fatalities and 23 personal injuries) and 15 involved motorcyclists (no fatalities and 7 personal injuries).  Among the 523 personal injuries reported in 2019 in Kings County, 24 were serious, 41 were moderate, 414 minor and 21 of them were reported as level of severity unknown. More than a quarter of the injured victims were in their 30ies, around 20% were in their 20ies and another 20% were in their 40ies. Among the 8 people killed half of them were between 21 and 29 year old, 2 of them between 60 and 69 year old, one was in his fifties and another one was a teenager.

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Best Lawyers Award BadgeOur NYC Personal Injury Law Firm is proud to announce that 10 of our attorneys were named 2021 “Best Lawyers” and 3 were named 2021 “Ones to Watch” by Best Lawyers in America for New York, NY.  Best Lawyers rankings are entirely based on peer review.  The named lawyers are:

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22 construction workers were injured in New York City during the month of May compared to 6 during the month of April and 51 during the same month a year earlier. As most New Yorkers were still required to stay home during the month of May,  more than 5,000 non essential construction sites were authorized to re-open at the end of April on the condition that they were following the Covid-19 safety protocol for the industry such as disinfecting tools, social distancing and wearing masks. The gradual opening of New York City construction sites lead to a small increased in the number of hard hats injured on the job in NYC. There were no deaths recorded during the month of May. So far since the beginning of 2020 only one worker died on a New York construction site in February. Manhattan had the highest number of injuries, followed by Brooklyn, the Bronx and Queens.

Construction Accident Injuries in New York City in May 2020
Most injuries were minors and classified under “others” and the few others were related to falls. Fall is the most common cause of accident injuries and deaths in the construction industry not only in New York City but also in the US.

NYC construction accident injuries by categories May 2020
12 construction workers were injured on Manhattan construction sites. Some injuries were minors. A worker cut his finger  with a box cutter, another one punctured his foot after walking on a nail.

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Burn Injury victim Alonzo YanesThis week, in an unusual decision, New York State Supreme Court Justice Alexander Tisch upheld a jury verdict for  $60 million. Our partners New York personal injury attorneys Ben Rubinowitz and Richard Steigman tried the case before Justice Tisch last July. See Prior Blog. This is one of the largest awards for  pain and suffering ever affirmed by a trial court in New York State.

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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Personal Injury Attorney Ben RubinowitzOur managing partner Ben Rubinowitz will participate as a panelist in the ETHICS & CIVILITY IN THE COURTROOM  webinar presented by New York State Trial Lawyer Institute on August 20 from 4:00 pm to 6:00 pm. This Ethics webinar will inform participants about the importance of courtroom demeanor during trial from the perspective of a trial lawyer engaging the jury hearing a case to the trial judge presiding over the trial and the appellate judge reviewing the record. Our distinguished panel  will discuss several cases, but will focus on one notable case tried by Mr. Rubinowitz in front of Judge Rakower that was subsequently brought up on appeal to a First Department Panel that included Justice Kapnick. This unique and engaging discussion will provide multiple perspectives on how to try a case with zeal, while also being mindful of the bounds of professional responsibility.

For more information or to register click here

 

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simon-cowell-twitterA few days ago, Simon Cowell broke his back in a self inflicted e-bike accident. He broke his back in several places and had to undergo a 6-hour long surgery.  “If you buy an electric trail bike, read the manual before you ride it for the first time,” he tweeted on Sunday night.  Electrical bicycles are becoming more and more popular but how safe are they?  In New York, e-bike and scooters were legalized last March as the coronavirus pandemic hit the city and people were reluctant to use public transportation.

Less expensive than a car and allowing to travel longer distance than a bike, electrical bicycles have become an attractive alternative to public transportation especially during the pandemic. While e-biking is quite a new thing for New Yorkers, it has been a popular mode of transportation in Switzerland for more than 15 years. In 2013, Doctors at the University Department of Emergency Medicine in Bern, the capital of Switzerland published a detailed study on e-bike injuries based on patients admitted at the ER between April 2012 and September 2013. They found that most patients were male with a mean age of 47.5 year old and that most injuries were caused by self inflicted accident. Head and neck injuries were the most common. Among the patients studied, 9 were treated as outpatients, 9 had to be hospitalized, 5 had to be kept in Intensive care unit and 6 had to undergo surgery.

While data about e-bike injury in New York are still limited, a recent study authored by several New York surgeons found that in case of an accident, e-bike users were more likely to suffer internal injuries and more likely to be hospitalized than regular bicycle users. E-bikes were found to be less dangerous than scooters whose users have a higher risk of concussion in case of an accident. The study also found that e-bike injuries were more than three times more likely to involve a pedestrian than regular bicycle injuries or scooter injuries. Another finding was that the risk of injury was particularly high for older people.

 

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skeleton athleteWhile there has been a lot of media and medical attention in regards to traumatic brain injury related to football boxing or other contact sports, there are other sports that have a high risk of TBI.

A recent article in the New York Times looks at traumatic brain injury caused by skeleton, the headfirst Olympic sledding sport. Skeleton is very popular in Canada. In 2010 when Canada hosted the Olympic games, skeleton athletes thought they had a great advantage as they had early access to the track and could train for unlimited time.  Instead many of them are still suffering from the long term consequences of  traumatic brain injuries caused by over training.

Mellissa Hollingsworth was one of the favorite skeleton competitors this year. She recalls taking as many as 11 runs a day on the Whistler track that was specifically built for the Olympic games and was the fastest in the word. At the end of a training day, her brain was scrambled. She could not tolerate noises and she could barely speak. At the time, skeleton athletes were experiencing mental fog, headache, speech inability, loss of appetite and high sensibility to sound. They thought it was part of the training routine like sore muscles or fatigue and just casually called it “sled head”. Now years later they are still suffering from the consequences of over training, repetitive shaking and crashing head first on icy surfaces.

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