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 brooklyn wrongful death

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Our client, Ruthie Ann Miles returned to the stage last Friday performing the starring role of lady Thiang in the West End production of the King and I in London. We are joining Ruthie Ann Miles fans to express our admiration for her strength and her courage.

Our managing partner, Ben Rubinowitz who represents the family, told the New York Post “It’s just a testament to the courage, strength and bravery of both of them, Jonathan and Ruthie Ann.” “She really is taking it a day at a time, trying to get by.”

On March 5th, Ruthie Ann Miles and her young daughter Abigail were struck by a reckless driver while crossing a street in Park Slope, Brooklyn. Abigail was killed in the accident. Ruthie Ann Miles who was 39 weeks pregnant at the time of the accident was critically injured. A few weeks after the accident the actress also tragically lost her unborn child  following the injuries suffered in the crash.

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Laundromat dangerous parkingA young pedestrian was killed and her mother was injured in a car accident in Brooklyn, NYC, on Sunday afternoon.

A 4 year-old girl was riding her mini scooter on the sidewalk of Wyckoff Ave near Hart Street while her mother was walking close by. At one point the little girl lost a shoe.  She picked it up, then the mother bent to help her. As the mother was helping her daughter, a car parked at a laundromat just next to them backed up, hit them both and continued on its way. The little girl died at the scene of the accident. Her mother survived but was injured.

The car driver and two passengers were stopped by the police two blocks away. It is not clear if the driver realized than she ran over the mother and her daughter. Residents have been complaining for a long time about the dangerous parking lot of the laundromat. In order to park or to leave the parking space, drivers have to cross the sidewalk.

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accident sceneSadly NYC motorcycle accidents are always increasing when the warm days come back in the city.  Over the last few days two people died in two separate motorcycle accidents in New York City.

Last Saturday night a motorcyclist was killed after he collided with a minivan in Queens. The accident occurred a little bit after 10:14 pm at the intersection of 221st Street and 113th Drive in Cambria Heights. The motorcyclist who was travelling west on 113th Drive crashed into the passenger door of a minivan travelling North on 221st Street. The motorcyclist was taken to the hospital in critical condition. He later died from his injuries. The 55 year old van driver stayed at the scene of the accident. He suffered minor injury. (Read more in Pix11)

Another motorcyclist died in Brooklyn. 27 year old Luimy Acosta-Collado was riding a dirt bike on Hancock Street in Bushwick on Monday night around 10:50 pm when he struck a car that was doubled parked. He landed on his back and was pinned under a SUV. The bike continued on its way without its driver and crashed into another car. Luimy just lived a half block away. Right after the accident occurred, neighbors as well as his wife ran in the street to try to help him. His wife was frantic and crying. She was saying “please don’t let my husband died”.  The man was rushed to the hospital but he didn’t survive. The driver of the SUV, a 24 year old woman stayed at the scene of the accident. She wasn’t hurt.  As the police arrived to investigate the accident they were unable to find the dirt bike. It was apparently stolen shortly after the accident occurred. The dirt bike that Luimy was riding didn’t belong to him. Dirt bikes are illegal in New York City and neighbors believe that the owner of the bike took it back before it got confiscated. (Read more in the NY Daily News)

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location of the fatal pedestrian accident BK NYCOn March 5th, Ruthie Ann Blumenstein was crossing the road with Abigail, her 5 year old daughter when a reckless driver struck them (see our previous blog). Abigail died at the scene of the accident and her mother suffered serious injury. At the time of the accident she was 39 weeks pregnant with Sophia Rosemary Wong Blumenstein. On Wednesday our managing partner, Ben Rubinowitz who represents Mrs Blumenstein announced that sadly her unborn child had died from the injuries suffered during the crash. “The pain suffered by Ruthie and Jonathan is nearly impossible to fathom,” Mr. Rubinowitz said. “As you might imagine, they are overwhelmed by the sadness of the deaths of their children.”

Ruthie Ann Blumenstein is a Tony-Waward winning actress. The actress and her daughter Abigail were among a group of pedestrians who were crossing the intersection of Fifth Ave and 9th street in Park Slope, Brooklyn, when Dorothy Burns ran a red light and erratically plowed into them.  Abigail and 20 month old Joshua Lew died at the scene of the accident. Several pedestrians were injured including the pregnant Ruthie Ann Blumenstein.

Dorthy Burns was recently indicted by a Grand Jury and was charged with manslaughter, assault and criminally negligent homicide (see previous blog).  Burns suffers from multiple sclerosis. Prior to the fatal accident she received 12 driving violations for speeding in school zones and running red lights. Her license is now suspended. It is outrageous that she was still allowed to drive at the time of the accident.

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location of the fatal pedestrian accident BK NYCThe investigation is still ongoing in the NYC car accident during which Dorothy Burns drove into a group of pedestrians and killed two young children on March 5th. According to a new article in the NY Daily News, a medical crew was dispatched to Burns’ apartment on March 2nd after receiving a call about a cardiac condition. It wasn’t the first time that emergency responders showed up at this address. Investigators found that they were previously called to the rescue for cardiac condition on December 22nd and November 19th.  The health of Dorothy Burns had deteriorated so much at the beginning of the year that she had to ask for a medical leave from her job in January. She didn’t return until February after she received a medical clearance. The investigators are now trying to find out if the doctors told Burns she had to stop driving because of her condition. The woman who suffers from multiple sclerosis had a seizure before crashing into a group of pedestrians who were crossing the road in Park Slope. Two young children died and three other people were injured in the accident (see previous blog

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A hard hat died at a NYC construction site after being crushed between a forklift and and a flatbed truck. 46 year old Jorge Castaneda from Queens was working at a Brooklyn construction site located at the intersection of Stewart Street and Broadway in Buschwick, Saturday afternoon around 3:00 pm. The construction worker walked between a flatbed truck and a forklift that was carrying scaffolding pipes. The forklift tipped over as it was passing next to Castaneda, crushing him against the truck.  Emergency responders lifted the forklift, liberated the poor man and rushed him to the hospital. Unfortunately the worker couldn’t be saved. He died from his injuries.  Read more in the NY Daily News

Forklifts are dangerous machines and unfortunately accidents involving workers on foot struck by such machines are all too common. Very often accidents occur because safety protocols established by the New York State Department of Labor were not followed. In the case of the death of Jorge Castaneda, the forklift may have tipped because it was not in compliance with Industrial Code §23-9.8(b) stating that forklifts may not be overloaded.

Picture of the site of the accident courtesy of Google Map

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church fails to maintain buildingA man scavenging for construction material in a half demolished building was seriously injured after he fell through the floor. The accident occurred at a dilapidated Brooklyn building located at the intersection of Rutland Road and Brooklyn Ave in Prospect Lefferts Gardens.  The floor gave way under the weight of the 33 year old man and he got trapped. It took an hour for the paramedics and the firefighters to shore up the basement to take him out. The man was then rushed to the hospital where he was listed in serious condition.

Before being bought by the church next door, the building was a lounge. The church received a violation from the city Environmental Control Board for failure to maintain the building  after it partially collapsed. Concerned neighbors told the DOB at the end of January that the structure “was leaning”. The owner was supposed to raze the entire building but only half of it was demolished.

After the accident the DOB issued 3 violations to the church:

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accident scene

A 31 year old man from the Bronx was killed by a drunk driver in a car accident in New York City. The accident occurred Saturday around 2:50 am on Burke Ave. 54 year old Andres Mayora crashed into 31 year old Shiquam Dunn. Mayora was drunk and speeding when the accident occurred. Five vehicles were damaged during the accident and two other women suffered personal injury. Dunn was the father of an autistic son. (Read more in the NY Daily News)

A van crashed into a parked car in NYC after the driver suffered a heart attack. The driver, a 64 year old man, was driving a van belonging to the Gethsemane Temple outside Kings County Hospital on Clarkson Ave near E. 37th Street in Brooklyn around 5:30 am on Sunday morning. He went into cardiac arrest and lost control of his vehicle. Thankfully there wasn’t much traffic at this time on Sunday and except for the driver who passed away nobody else suffered personal injury. There was only property damage: the driver struck a car parked in the street and a light pole.  The emergency team brought the driver to the hospital and tried to resuscitate him but it was too late. (read more in the NY Daily News)

Another 64 year old man died in  a traffic accident last week-end in New York City. The man was crossing Little Neck Parkway at 83rd Ave in Queens when he was hit by a car. The accident occurred on Friday night around 9:00 pm. The driver stayed at the scene of the accident. He wasn’t charged. The victim was rushed to the hospital but couldn’t be saved. (read more in the NY Daily News)

 

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A 14 year old cyclist died after being struck by a car in NYC Saturday a little before 6:pm. Edwin Ajacalon from Guatemala was working as a delivery boy for a local restaurant. He was crossing Fifth Ave in Greenwood when he was hit by a BMW. According to the NY Daily News, the BMW had the green light.

A surveillance video shows the car slamming into the bicyclist at full speed. A witness said he saw the cyclist going up in the air and falling onto the windshield. The witness also said the car then continued on its way dragging the boy down the block. An off duty cop saw the scene and was able to block the BMW with his own car forcing the driver to stop. Both the cyclist and the BMW driver were transported to the hospital.Edwin Ajacalon died from his injuries. He arrived in Brooklyn a year ago. His parents are too poor to come to the US to reclaim his body. Edwin was sharing a bedroom with five other delivery boys and was sending money to his parents in Guatemala. The driver of the BMW was cooperating with the police.

https://www.youtube.com/watch?v=DN4lGT-Ghis

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accident sceneA pedestrian was killed by a van driver who had previously crashed into his car in a supermarket parking lot in New York City. The 65 year old victim was coming out of Costco on Second Ave and 37th Street in Sunny Park, Brooklyn when he saw a commercial van striking his car and driving off. The victim jumped in his car and started chasing the van.  He followed the van up to Third Ave and 65th Street in Bay Ridge.  At this point he got out of his car and walked to the van to confront the driver. The 55 year old van driver struck him, ran over him and dragged him over two blocks. Witnesses in the street were screaming at the van driver to stop. He was stopped by another motorist who also witnessed the scene and drove his car in front of the van to stop him.  The firefighters had to lift the van to remove the victim who was rushed to the hospital. Unfortunately he couldn’t be saved. The van driver was taken into police custody.