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 New York Wrongful Death

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New York car accidentThe New York Daily News analyzed NYPD crash data from July 2012 to March 2015 to see if the Zero Vision Plan launched by Bill de Blasio was making the streets of New York City safer. According to the newspaper analysis that compared the road statistics after the Vision Zero Roll out from September to December 2014 with the same period of 2012, the results are mixed.  Some roads had very large decline in the numbers of vehicles accidents resulting in severe personal injuries or fatalities such as Broadway between 125th street to 95th Street in Manhattan but other roads saw an increase in accidents resulting in injuries or fatalities. For example during the months following a reduction of the speed limit on E. Gun Hill Road in the Bronx, car accidents on this road resulted in 50 fatalities or severe personal injuries while for the same period of 2012 this number was 33.

Read more in the New York Daily News

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brNew York Personal Injury Lawyer Ben Rubinowitz who is representing Dana Lerner and Richard Stock in a wrongful death lawsuit against Koffi Komlani, the taxi driver who killed their son Cooper in a traffic accident, said to the New York Post that both parties were proprely served after the lawyers representing the cabbie tried to  use a technicality to dodge the lawsuit.

Copper was crossing the road with his dad at 97th Street and West End Avenue in the Upper West Side in January 2014 when he was fatally struck by the taxi driver who was making a left-hand turn. A witness took a video of Richard Stock trying to pick up his son just after he was run over by the taxi. This video will be included in the lawsuit. “[Richard Stock] is screaming at the top of his lungs. There could never be anything worse for a father,” said Ben Rubinowitz.

Because of insurance caps, Cooper parents do no expect to receive more than $50,000 but they want to pursue a wrongful death lawsuit to hold the cab driver accountable for his recklessness.

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Greta GreeneA 2 year old girl who suffered severe personal injury yesterday after being hit by falling debris, died Today at the hospital. Greta Greene (facebook picture on the left) was sitting outside with her grand mother when they were both struck by terra-cotta bricks from a window ledge that fell from the 8th floor of  the Esplanade Manhattan nursing home at 305 West End Ave in Manhattan.

The toddler lost consciousness and nurses from the nursing home tried to resuscitate her. Her grandmother, 60 year old Susan Frierson, suffered severe leg injuries. They were both transported to the hospital where Greta passed away Today.

A protective scaffolding was erected last night on orders on the Department Of Buildings. The DOB is investigating what caused the ledge to fall. It also issued a violation to the Esplanade Manhattan nursing home for failure to maintain a property in a safe and compliant manner.

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NY Personal Injury Lawyers Rubinowitz and SaghirNew York Personal Injury Lawyer Ben Rubinowitz told the NY Daily News yesterday that the family of Marilyn Dershowitz, was “very pleased” with the verdict of Judge Sarah Netburn who ordered the government  to pay out a total of $4,646,548.15 to Dershowitz’s husband, Nathaniel. Rubinowitz said “they feel vindicated knowing Marilyn did nothing wrong and that indeed she was entirely free of fault” but while the money judgment is “a nice thing to have, they are very much aware it could never replace Marilyn. She was one of a kind. She was a tremendous woman. The loss is very real to them, every day of their lives.”

Marylin Dershowitz was riding her bicycle in downtown Manhattan with her husband when she was fatally struck by a  postal truck. Last month U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion (see our previous blog).

Also see article in the New York Law Journal

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A doctor who prescribes opioids to a patient with a history of abuse, fails to closely follow up with a patient who exhibits addictive behavior or disregards family concerns or warnings from other professionals such as pharmacists or primary physicians could face medical malpractice  and/or wrongful death litigation, criminal prosecution, and a disciplinary proceeding by the State Medical Board.

In New York City, deaths related to opioid analgesics have increased 256% from 2000 to 2013 in Manhattan, Staten Island and the Bronx are the most affected of the 5 Boroughs. To fight this epidemic, the New York Sate Department of Health is launching a Bronx detailing campaign during which representatives will visit more than 1000 doctors to educate them about about safe and judicious opioid analgesic prescribing. A similar campaign in Saten Island in 2013 lead to a reduction of 29% of overdose deaths from opioid analgesics.

Read the press release from the New York Health Department

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A health condition problem is at the origin of  a fatal car accident in Long Island, NY.  92 year old Joseph Saccente was driving his taxi when he lost control of his vehicle and crashed into a house in Long Island. The elderly man died in the accident. Why was a 92 year old allowed to drive a taxi?  See video below

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New York Crane AccidentA knuckle boom crane fell on a construction worker and killed him yesterday afternoon on a construction site located at 219 E. 44th Street near Second Avenue, New York City. The crane was fitted on a truck parked in front of the building and was used to unload material that was being delivered to the construction site. 40 year old Trevor Loftus , was standing on top of the flatbed truck holding his phone when the articulated arm fell on him and killed him. Loftus served as the crane safety coordinator for Kenry Contracting of Yonkers which is his own company. According to the Buildings Department, construction material was being lifted off the truck when a mechanical failure caused the arm to collapse and killed the construction worker.
Read more in the NY Daily News 
Picture: Buck Ennis

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40 people died and  10,069 suffered personal injury in a traffic crash in New York City between January 1st and April 1st 2015 compared to respectively 51 and 10,805 in 2014 and 69 and 11,676 in 2013.  it is also interesting to note that there were more accidents during the three first months of this year compared to the same period of the 2 previous years. These numbers indicate that streets are getting a little safer for New Yorkers and that Vision Zero may be starting to show some results.

traffic accidents deaths and injuries NYC jan to march 2015
23 pedestrians died in traffic accidents in NYC during the first three months of the year compared to 31 for the first three months of 2014 and 44 for the same period of 2013. This number is still high but over the last two years it almost decreased by half which is a positive evolution.  The number of pedestrians injured in a crash in NYC during that same period was 2,423 in 2015 compared to 2,847 in 2014 and 3,080 in 2013.

pedestrian detahs and injuries in NYC jan to march 2015

1 person died in a bicycle accident in New York City during the first trimester of 2015 compared to 2 the previous year and 1 in 2013. 355 cyclists suffered personal injury during the same period compared to 399 in 2014 and 510 in 2013. It is difficult to look at bicycle accident statistics for the months of January, February and March as it is the end of the Winter season and not many people use their bikes.

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New York Truck accidentThankfully nobody was injured in a truck accident that happened Saturday at the site of  a new Memorial for Traffic Fatalities in Brooklyn, NYC. Activists for the group Right of Way were in the process of creating a huge mural depicting the silhouettes of the 264 people who died in traffic accidents in New York in 2014 when an 18-wheeler plowed into it.

Organizer Keegan Stephan was standing closest. The crash pulled parts of the plywood fence from its frame, and he said he and other volunteers who were wheat-pasting posters down the block had to jump back to avoid being struck. The driver could have done worse. “Fortunately he just hit a wall,” Stephan said. “If someone had been standing there that person would be dead.”

Read more in the NY Daily News and in the Gothamist and see video below for more info about the accident (at 1:40 min) and about the Memorial for people killed in traffic accidents in New York City in 20014

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A year ago 8 people were killed and many others suffered severe personal injuries in a gas explosion that destroyed two five-story buildings in Manhattan. A vigil led by Council Speaker Melissa Mark-Viverito was held this to mark the anniversary of this tragedy. Cecilio Hernandez, a Mexican immigrant who lost his wife and his daughter in the explosion will be among the attendees with Oscar, his teenager son who was badly injured and spent months in the hospital recovering from his injuries. The family lived in the 1644 Park Avenue building. Four other victims lived in this building: Griselde Camacho, 44, Carmen Tanco, 67, George Amadeo, 44, and Alexis Salas, 22.  The two other victims 43 year old Andreas Panagopoulos and 34-year-old Mayumi Nakamura lived at 1646 Park Avenue.

The investigation indicates that the ground beneath the building was saturated with natural gas.

The 8:30 a.m. vigil was held at 108 E. 116th St. and attended by other survivors of the blast along with Mark-Viverito and other elected officials. Read more in the New York Daily News

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