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.

Articles Tagged with Bronx wrongful death

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Negligent garbage truck company out of businessAfter two people were killed by Sanitation Salvage garbage trucks and ProPublica released an in depth look at the company’s dirty business (see previous blog)  the trash hauler came under intense scrutiny.

At the end of last month, Sanitation Salvage sent a letter to the Business Integrity Commission to announce that it had surrendered its license and was going out of business.

After years of exploiting workers and endangering New Yorkers, the company run by the ruthless and heavily politically connected Squitieri Brothers is finally going down. Street safety advocates, labor unions and elected officials are all celebrating the news.

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hit and run location
3 pedestrians died in car accidents in New York this week-end.

Staten Island Pedestrian killed in Brooklyn

65 year old Losif Morgenshteyn was fatally struck by a hit and run driver as he was changing a flat tire on the driver side of his car. The accident occurred on Saturday night around 6:30 pm. on Shore Parkway near East 28th Street in Sheepshead Bay. According to CBS News, the man was hit by a white Toyota minivan with Pennsylvania plates. 3 people came out of the van and checked on the condition of the pedestrian before speeding away. The van was found empty about a mile away and the police are still looking for the driver. When the EMS arrived they gave the man CPR and then rushed him to the hospital. Unfortunately he couldn’t be saved and he was pronounced dead upon his arrival.

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On the Christmas Eve of 2015 around 4:00 pm, 84 year old Olegario Pabon stepped in his elevator at a Bronx NYCHA development in New York City. As he was getting inside, the elevator zoomed upward trapping the man’s leg and hand and then dropping him on his head. He died from his injuries.

The deadly elevator accident was preventable. An hour and half earlier a concerned tenant of the building had called in a complaint saying “the lift is going up and down by itself with its door open and when the door closed it slams really hard”. Nobody did anything about it it and no inspector was sent to check it out.  This act of gross negligence killed Olegario Pabon.

The DOI investigation following the death of Olegario Pabon found out that the brake monitor had been disabled. According to the DOI report, it seemed like a NYCHA elevator mechanic had clipped the wires on the device and closed off the electrical connection by covering it with black electrical tape.

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accident sceneA 30 year old pregnant woman died in a NYC crash and a teenage girl is in a coma with serious spine injury that may prevent her from walking again. On Saturday morning, 30 year old Jennifer Parisella, a farmer from Middeltown was on her way to a farmers market in the city when she rear ended a tractor-trailer on the Major Deegan Expressway near Brook Avenue around 7:00 am. The young woman who was five months into the pregnancy of her first child died at the scene of the accident.  Her two stepchildren, 14 year old Sky Mendoza and 12 year old Orlando Mendoza were also in the van. They were sitting on the back seat. A 28 year old man who was a relative of the family was in the front passenger seat. Sky Mendoza suffered critical brain and spine injury. She is still in a coma and she might never walk again. Orlando suffered a broken collarbone and the 28 year old man injured his leg.

The police are still investigating the reason of the crash. The 42 year old truck driver stayed at the scene of the accident. He wasn’t charged.

Read more in the New York Post 

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Dusk and Darness Accident PreventionThe NYPD announced last week that A NYC pedestrian died from his injuries the day after an accident that occurred in the Bronx on November 7th around 6:30 pm.  52 year old Alvaro Gutierrez was crossing Southern  Boulevard at Elsmere Place when he was struck by a minivan.  Gutierrez who was hit in the crosswalk, flew in the air and landed on the roadway. He was transported to the hospital where he died the following day. The minivan driver wasn’t charged.

Winter is the worst season for pedestrians

Statistics show that, in New York, after daylight saving time ends, pedestrian accidents increase dramatically, especially during evening hours. The months of November to March are the deadliest for New York pedestrians. To boost awareness about this situation and encourage drivers to drive safely the city has been deploying its ‘Dusk And Darkness’ Vision Zero Safety Initiative for the third consecutive year.

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An 18 year old driver died and his 22 year old female passenger is in critical condition following a terrible crash in the Bronx, NYC. The teenager was driving his car on the Hutchinson Parkway in the Bronx around 2:30 am on Monday. As he was near the New England Thruway he sideswiped a BMW with his Subaru and then crashed into a tree. His car was completely mangled. He and his passenger were both transported to the hospital. He was declared dead when he arrived. The passenger was listed in critical condition.

Motor vehicle accidents are the leading cause of deaths for teenagers in America in front of suicide, homicide and cancer. Every year around 3000 teenagers are killed in car accidents and thousands more are injured . According to statistics from the Insurance Institute for Highway Safety, 16 to 19 year old drivers are 3 times more likely to die in a car accident than drivers 20-year-old and above. 2/3 of the teens who are killed in car accidents are boys. Distracted driving and underage drinking are often a factor.

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Sanitation Salvage, one of the biggest New York trash haulers has a history of fatal accidents. The company was all over the news recently after one of their truck drivers killed two people in less than 6 months and lied about one of the person he killed pretending it was a homeless man while it was an off-the book worker.

Propublica and Voice of America took an in depth look at how the company is running its business and they recently published the result of their investigation.

Ruthless brothers

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ocation of the fatal bus accidentA 7 year old boy on a scooter was fatally struck by a bus in New York City.

The accident occurred Saturday afternoon in the Bronx. 7 year old Shevon Bethea was riding his scooter when a MTA bus  driving south on Webster Ave hit him near the 184th Street intersection. Shevo who lived in Brownsville, Brooklyn, was visiting his dad in Fordham Heights, Bronx. According to his mother, Shevon was a straight A’s Student with a loving and caring personality. “He was always happy” she said.

Shevon’s brother, 10 year old DiShawn , witnessed the accident and he is completely traumatized. According to him, the bus driver ran a red light and dragged the young boy for a block.

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In a previous post we mentioned that a pedestrian was fatally struck by a garbage truck belonging to Sanitation Salvage two weeks ago in the Bronx. Leon Clark, a man in his 70ies who was living in Adams Houses was walking on E. 152nd St. near Jackson Ave in Morrisiana when he was fatally struck by a private garbage truck driven by 33 year old Sean Spence. It is the second time in less than 6 months that Spence killed a pedestrian while driving his truck.

On November 7, Spence was driving his truck when he fatally ran over 21 year old Mouctar Diallo, an off-the books employee who was helping him. Diallo was standing on the the steps leading to the passenger’s door when he lost  his grip,  fell under the truck’s rear wheels and died. Spence initially lied to the police and claimed that the victim was a crazy homeless man who tried to jumped on the side of his truck.

Sanitation Salvage has a history of safety violations

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A young pedestrian died after being struck by a van on a Bronx sidewalk in New York City. 8 year old Cellou Diallo was part of a group of children that just came out of a van  that had parked on East 125th Street in Williamsbridge . As they were on the sidewalk with the driver, one of the kids noticed that one of the van’s wheels was on the curb. The driver asked the kids to wait on the sidewalk while she got back in the car and tried to proprely park. As she was maneuvering, she lost control of the vehicle while backing up and pinned 8 year old Cellou Diallo against the wall of the adjacent building. She got out of the vehicle screaming  “I killed a mother’s baby, I killed someone’s baby.”She was devastated and crying. The other children were horrified. The woman was a close friend and neighbors of Cellou’s parents. The two families would take turns driving the kids to after school programs. Cellou Diallo came from the same family as Amadou Diallo who was wrongfully killed by the NYPD. Our firm represented his mother.

Read more in the NY Daily News

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