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 personal injury NY

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2 people suffered personal injury after being struck by a patrol vehicle on Long Beach in Long Island, NY. A 48-year-old man and his 36-year-old female companion, both from Hempstead, were lying on the beach among people a little bit after sunset when a cop driving a beach patrol SUV ran over them.  Both of them were transported to the hospital to be treated. The man suffered broken ribs and a bruised lung. His companion had a broken finger and a leg injury. The man was released from the hospital on Monday. The woman is still in the hospital.

The police officer, 32-year-old David Walpole, was making a three-point turn on the beach when the accident occurred. According to the police, Walpole just didn’t see the couple. The cop had driven his SUV in an area where cars usually don’t go because he was trying to prevent a large crowd from going into the ocean as the lifeguards had gone off duty a little bit earlier.Walpole has 20 years of service with the police. He was also sent to the hospital where his blood was checked for alcohol and drugs. Results came out perfectly clean.

A witness said that he was walking on the beach and thought he was hallucinating when he saw the cop car on top of a human body.

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A worker died and another one was injured in a construction accident in Long Island, NY, last Wednesday. Edward Sinnott, an employee from the construction company Antonio and Sons, was buried to death in 15 feet of dirt. The accident occurred as the 59 year old man was standing on the top of the hole, directing the digging of a new cesspool system for a private home on Beech Place, in Hutington, NY. All of a sudden around 1pm, the cesspool collapsed, submerging Sinnott alive. Another construction worker who was standing next to him was able to survive by grabbing the bucket used to dig in the area. Crews used all types of equipment to try to find the construction worker quickly but his body was recovered  6 hours later. OSHA is now investigating the accident. The house was also reported unstable and unsafe. Read more in the Gothamist Our Partner Howard Hershenhorn recovered $3,500,000 in Suffolk County for the family of a man killed when the cesspool at his home collapsed.

 

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diatracted driving accidents prevention poster

Just is all it takes

In New York Sate, car crashes involving distracted drivers killed 160 people and injured more than 33,000 in 20015 according to a study from the Institute for Traffic Safety Management and Research that was published a few months ago. The study estimates that around 20 to 22% of the fatal car accidents in New York State are related to distracted driving. The problem is not only in New York but all over The United States.  Nationally during the whole year of 2015, 3,477 people died and 391,000 were injured in distracted driving accidents.

April is “Distracted Driving Awareness Month” and during the whole month the National Safety Council (NSC) is campaigning to crack down on this epidemic. The NSC invites organizations and communities to share information about distracted driving. Various material is available to download on their website.

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the two young New Yorkers who alerted the residents about a fire in their buildingThree people died and several people were injured in NY fire accidents that erupted mostly in the North West area of the city these past few days.

Yesterday morning 3 people were injured in a fire that started in a third floor apartment of a 5-story building located on West 184th Street near Amsterdam Ave in Washington Heights. One of the victims was critically injured while the two others only suffered minor injuries. Read more in the NY Daily News.

Also yesterday in Mount Vernon, NY a mother and her child died in a fire accident. The fire broke out at the second floor of a residence located on 13th street. 11 people lived in the house. A 30 year old mother and her 17th month baby both died in the fire. Another person was injured and transported to the hospital. The causes of the fire accident are not clear yet. Read more and see pictures on PIX11 

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LIRR_Train33 people suffered personal injury in a train crash in Long Island, NY on Saturday night. A Long Island Rail Road (LIRR) train carrying 600 passengers sideswiped a maintenance train and derailed just East of the New Hide Park station in Nassau County. The accident occurred around 9:00 pm. The Huntington Bound passenger train was coming from New York City. After the crash, scared passengers were trapped in the dark for up to an hour until they could be rescued. Among the people injured, 27 were passengers and 7 were workers. The New York Times reported 4 serious injuries.

In a press conference, NY Governor Cuomo told reporters that the accident could have been worse. He also said that the maintenance train violated clearance and intruded into the space of the commuter train. The passenger train sideswiped the maintenance train causing some cars to derail. Yellow paint from the maintenance train was found on the passenger train where the side swipe occurred.

Further investigation by the National Transportation Safety Board  will determine why the maintenance train violated clearance. Regulations related to operation of work equipment are different than regulations related to operation of passenger trains. According to Union sources the maintenance train was operated by a non union LIRR employee.

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Our NY personal injury law firm is proud to announce that our partners Ben Rubinowitz and Richard Steigman obtained a $7.75 million settlement in  a snowmobile accident in Saranac Lake, NY.

snowmobile accident
The plaintiffs, Thomas Taylor (63) and Linda Taylor (57) were guests at The Point at Saranac Lake, a luxury 5-star hotel in Franklin County. The plaintiffs claimed that the hotel arranged a snowmobile tour with Adirondack Snowmobile Rental. The tour was set up by the hotel for the plaintiffs and four other guests (2 other couples) who were also staying at the hotel. All 6 of the guests were beginners – each of whom had never been on a snowmobile before.Payment was arranged through the hotel. The hotel not only arranged the tour but charged the guests 20% extra for this service.

The Tour Guide, Robert Pinsdorf, an employee of Adirondack Snowmobile, started the tour approximately 10 miles from the hotel, at a campground know as Charlie’s Inn. The hotel guests were given a 10-20 minute lesson in the operation of the snowmobile; however, the guide was charged with the responsibility of leading the guests on the tour and keeping them safe throughout the tour. The plaintiffs claimed that they were unfamiliar with the trails, road crossing and trail signs. Although the first hour of the tour went fine during the second hour, one of the snowmobiles broke down due to a faulty drive belt. The tour guide then decided to head back to Charlie’s Inn to get another belt. He left one guest in the broken snowmobile and took one guest with him on his snowmobile. He told the others to follow him. It was claimed that he was in a rush and, at this time, failed to protect the novice snowmobilers by traveling ahead of them without warning them of road crossings and stop signs and without knowing where they were. Plaintiff s decedent, Thomas Taylor, failed to stop for a stop sign. It was claimed that he was unaware that he was traveling towards a road and stop sign. It was at this point that the plaintiff s decedent crossed the road, without stopping, and was struck by a van driven by an elderly man (who was dismissed from the case on summary judgment).

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accident scene3 people died and 2 suffered personal injury in a car accident in Upstate New York last Saturday around 4:20 am. All the victims were in their 20ies. Nelson Osegueda, Ray Rivera, and Waner Nunez were riding in a car with two other young women on Route 6 in Southeast, NY, toward Danbury.  A deputy sheriff allegedly saw the car swerving over the center line and suspected the driver was intoxicated. He tried to pull the car over. As the driver didn’t comply, the deputy sheriff started to chase the car. The average speed of the chase was around 65 mph and twice went up to 80 mph. As the deputy sheriff arrived near the border of his jurisdiction, he alerted the Danbury police and slowed down. According to the deputy sheriff, the chased car then sped up. 15 seconds later the driver hit a utility pole.

The car was completely mangled. the 3 young men mentioned above died and the two young women were injured. One of them suffered serious leg fractures. They were transported to the hospital to be treated.

Read more in Newstimes

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MartellaSpeed was a factor in a NY Car accident that left 6 people injured and 5 dead. 29 year old Scott Martella, a former aid to New York Governor Andrew Cuomo,  was among the victims who were killed in the accident. Yesterday morning around 9:30 a.m. Scott was driving his Honda in the westbound lane of the Long Island Expressway near Exit 68 in Manorville, NY. Next to him in the passenger seat was his fiancee, 29 year old Shelbi Thurau. As they were driving an eastbound Subaru went airborne and landed in the westbound lane. The Subaru struck the Honda and a BMW. The Subaru was driven by 26 year old Carmelo Pinales. His sister Patricia Pinales was in the passenger seat and his son was in the back. Scott Martella, Carmelo Pinales and Patricia Pinales all died at the scene of the accident. Pinales 10 year old son died later on from his injuries at the hospital. Scott’s fiancee survived. The BMW was driven by 73 year old Marvin Tenzer. He was with his wife Sandra and another couple: Helen and Isidore Adelson. Mr Adleson died from his injuries yesterday night and the rest of the BMW occupants sustained injuries. Witnesses who saw the Subaru passing them before the accident said the car “was flying”.

Read more in the NY Times  Picture:Linkedin

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Tappan_Zee_Bridge_tower_construction_NY14 people were injured in a crane accident in New York. A giant crane collapsed  on Tuesday around noon on the Tappan Zee bridge landing on the 8 lanes of the highway (see video). It is a miracle that no vehicle were struck by the crane and nobody was killed in the accident said New York Governor Cuomo in a press conference in Tarrytown, NY.  Only 3 motorists trying to avoid the falling crane and a construction worker were treated for minor injuries. Witnesses said they saw the crane operating normally and all of sudden falling sideways on the highway blocking the traffic in both ways for the whole afternoon.

28 cranes like this one are operating on the Tappan Zee Bridge construction site which is the largest infrastructure project in the US. The crane was a new MLC 300 manufactured by Manitowoc Cranes with a 256 feet long boom. At the time of the accident, construction workers were using a vibratory hammer to install pilings, a routine task that is not considered dangerous or challenging.

Officials are investigating the cause of the collapse. They said the wind wasn’t an issue. The operator of the crane stayed at the scene and was tested for drugs and alcohol.

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imageA drunk off duty cop killed a pedestrian and injured 3 others in Brooklyn, NYC, Sunday around 3:00 am.  21 year old Andrew Esquivel (photo ), a MIT student interning in New York for the summer , was walking home when he was hit by an out of control car that jumped the curb. Another man and two other women were seriously injured in the accident. The driver of the car was off duty NYPD Officer Nicholas Batka who was allegedly drunk but refused a breathalyzer test. He was charged with vehicular manslaughter, three counts of assault, driving while intoxicated, driving with impaired ability and driving on a sidewalk. Read more in the NY Daily News