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 Posted in Personal Injury

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NY-bus-accident-locationTwo people suffered serious injury, 5 moderate injuries and dozens others minor injuries in a bus accident in Long Island, NY that occurred on Sunday night a little after 8:00 pm.

The bus driven by Troy Gaston from Bethlehem, PA belonged to Journey Bus Line in New Jersey. The driver had just picked up 38 students and 5 chaperons at JFK airport. The teenagers aged 16 to 19-year-old were coming back from an Eastern Europe trip organized by EF Educational Tours.  The bus was heading to a mall where parents were supposed to pick up their children. The driver took the Southern State Parkway to get to his destination, apparently not aware that the Parkway was forbidden to most commercial vehicles.

As he drove through the Eagle Avenue overpass in Lakeview, Nassau County, LI, the top of the bus was ripped off by the overpass injuring multiple passengers. According to the police someone shouted “duck” just before the bus hit the overpass. This may have helped keep the number of seriously injured students to just a few. Two 17-year-old girls suffered the most serious injuries. They are still hospitalized but in stable condition. They are expected to leave the hospital in the next 24 to 48 hours. The injuries ranged from broken bones to cuts and scrapes.

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accident sceneA young couple died and 5 other people suffered serious injury in a car accident involving 5 vehicles early Thursday morning in New York City.  So far the investigators are still trying to figure out what exactly caused the five-car chain reaction crash.

The accident occurred between 1:00 am and 2:00 am  on the Nassau Expressway in Inwood.  The massive collision left debris of car parts, oil and gasoline over 800 feet on the highway. According to the police one of the cars’engines went out of the vehicle.

The young couple was identified by the police as 21-year-old Yisroel Levin, of Brooklyn, and 20-year-old Elisheva Basya Kaplan, of Far Rockaway.  They got trapped in their car as it burst on fire. The two of them got engaged last week and were set to be married over the summer.

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Pollack-and-TruhauWhen an accuser or or an accused  in a criminal investigation is a pre-teen or an adolescent, the unpreparedness of law agencies can lead to miscarriages of justice resulting in traumatic impacts.  In a recent article in the New York Law Journal, LISA H. THURAU, an executive director of Strategies for Youth and DANIEL POLLACK a professor at Yeshiva University’s School of Social Work  recommend that law enforcement agencies provide training and guidance on how to better handle cases with youths. Too often in criminal cases, law enforcement officers are not proprely trained to interact with children. This can result in traumatic experiences for the children and their loved ones. Additionally when families try to sue for abuse, the court’s decision is often biased in favor of the defendants.

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Defective-sign-NYCA 6 year old boy was seriously injured by a falling New York Street sign yesterday afternoon. The young boy was a tourist visiting from Argentina. He was on the sidewalk at the southeast corner of 32nd Street and Seventh Ave when a heavy street sign detached from the pole and fell on him. The boy was unconscious and transported to the hospital. According to the NYPD he woke up and he is now in serious but stable condition.

The defective sign, a large blue street sign marking West 32nd Street outside the East entrance of Penn Station fell after large gust of winds of up to 40 mph were recorded in the area. It was taken away by the NYPD.

The wind was so strong yesterday in Manhattan that it took down banners and damaged scaffolding all around the city. In the Tri-State area many trees fell down and thousands lost power.

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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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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.

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Personal Injury Attorney Ben RubinowitzOur personal injury law firm is proud to announce that our managing partner, Ben Rubinowitz, was invited to be one of the 5 distinguished faculty members of “CLE with the Stars”, a seminar organized by the Connecticut Trial Lawyer Association.

The 4 other distinguished faculty members will travel from all over the country. They are Mark Davis from the Honolulu firm Davis Levin Livongston, Randy L. Kinard from the Nashville firm Kinnard, Clayton & Beveridge, Zoe Littlepage from the Houston law firm Littlepage Booth and Tyler Thompson from Dole, Thompson, Shepherd & Conway, PSC in Louisville, KY. The program will be chaired by Connecticut attorneys Kathleen Nastri and Michael Koskoff both from the firm Koskoff Koskoff & Bieder, PC.

The seminar will take place Friday April 6th 2008 from 9:00 am to 3:00 pm at The Trumbull Marriott, 180 Hawley Lane, Trumbull CT 06611.

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New York Personal Injury lawyer Anthony GairNew York Personal Injury Attorney Christopher DonadioOur NY Construction Accident law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1 million settlement in a construction accident that occurred in New York. The case involved an incident that occurred on a construction site in Manhattan. The plaintiff, who was a worker on the job site, suffered a crush injury to his thumb when a small crane (known as a “gin pole”) failed, and caused a several hundred pound motor to fall on to the plaintiff’s hand.

Due to the incident, the plaintiff was taken by ambulance to the hospital. At the hospital, the plaintiff was diagnosed with a crushed thumb on his non-dominant hand. As a result of the injury, the plaintiff required three surgical procedures to his thumb, including a revascularization procedure and a skin graft.

An action was brought in New York County, Supreme Court, against the general contractor of the construction project, and the owner of the construction site. The action was brought under New York Labor Law §240(1). The Labor Law of New York §240(1) provides that:

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Construction_AccidentAmong the 350,000 construction sites who were required by OSHA to electronically file their annual injury and illnesses log summary by December 31st only 153,653 complied.  61,000 construction sites that were not required to provide electronic records did it anyway. Almost 200,000 work sites  didn’t comply with OSHA’s new electronic record keeping rule. It is not exactly clear why so many companies didn’t comply with the new rule. Some companies may have believed they were exempted, some thought that the deadline would be extended one more time. Other employers didn’t want their data to be published online as the new rule requires it.

Technically OSHA now has  until June 15 to visit the 200,000 locations that violated the rule. Companies who didn’t file may risk up to $12,934  in penalties. Companies who can demonstrate they had difficulty filing electronically as well as companies who can provide a paper copy of their report may be exempted from a fine.

According to Construction Dive, some experts believe that OSHA wasn’t aggressive enough in its compliance effort.

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NYC personal Injury lawyer Richard SteigmanOur partner Richard Steigman and Hon. Rosalyn H. Richter, Appellate Division, First Department will be co-chairing the New York State Trial Lawyers Seminar “2018 CPLR Update”. This seminar will take place on Monday April 9  from 6:00 pm to 9:00 pm at the NYTSLA office at 132 Nassau Street.

One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This year in particular, there are substantial changes that every lawyer in this field needs to know. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.

Topics will include:

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