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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After a young bicyclist was struck by a car in New York City, the Court of Appeals held the city of New York liable for failing to install traffic calming measures in a street the city knew was dangerous. The Court of Appeals decision  is related to a crash between a bicyclist and a car that occurred back in 2004  on Gerritsen Avenue in Brooklyn, NYC.

On December 5 2004 around 6:30 pm, 12 year old Anthony Turturro was riding his bike on Gerritsen Avenue. At the time of the accident, Gerritsen Ave was a four lane avenue with two lanes of traffic going in each direction.  As he was attempting to cross the avenue at mid-block, the young boy was struck by a car. The driver, Louis Pascarella, was speeding. The police investigation established that when the crash occurred, the driver’s speed was 54 mph, 24 mph over the 30 mph speed limit at this location. Turturro suffered serious injury. The driver pleaded guilty  to assault in the second degree.

RECKLESS DRIVING AND SPEEDING

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Near Missed event visualized with BMI20% of  the workers who die at work are construction workers but they represent only 4% of the employed workforce in the US. Hard hats are among the workers that have the most risk of being injured or even dying on the job. Sadly, most of these accidents are preventable.

As technology develops, the construction industry has been relying more and more on Building Information Modeling (BIM) to develop its projects. BIM is used throughout the life cycle of a construction project to digitally monitor the design, the plan and the construction itself. BIM can also be used for safety management.

A recent short study published by the Center For Construction Research and Training shows how “near miss accidents” can be visualized in Building Information Modeling.  The authors of the study are Dr Eric Marks and Xu Chen from the Department of Civil, Construction and Environmental Engineering at the University of Alabama.  Dr Eric Marks recently hosted a free 30 min CPWR Webinar on this subject. The webinar can be seen here.

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accident scene3 men were struck by a minivan as they were changing a flat tire on a highway. One of them died and the two others suffered serious injury. They were expected to survive. The car accident occurred around 2:00 am this morning on a segment of the New England Thruway in the Bronx, NYC.  After one of their tires broke, 3 men in a car pulled over on a narrow shoulder of the highway. As they were changing the tire, a 52 year old man driving a minivan struck all 3 men. The driver remained at the scene of the accident. He wasn’t charged. Read more in AMNY

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84th street and York IntersectionTwo pedestrians were injured in car accidents at two dangerous intersections of the Upper East Side of Manhattan this week-end. Both accidents occurred after sunset. The first one took place at the intersection of 84th Street and York (see Google Map picture on the left) Saturday at 5:45 pm. A 76 year old lady who crossed the street against the light was struck by a car. She suffered broken bones in her face, leg and pelvis.  She was transported to the hospital in critical condition. The driver stayed at the scene of the accident and wasn’t charged. Since 2009, 7 pedestrians were injured in car accidents at this intersection.

The second accident took place at an even more dangerous intersection. 28 pedestrians were injured since 2009 at the intersection of East 86th Street and Third Ave. Another victim was hit by a car at this location on Sunday at 8:30 pm.

To prevent such accidents the city launched the Dusk and Darkness campaign to tell pedestrians and drivers about the higher risk of pedestrian accidents during the winter darkness. As part of this campaign The NYPD also increases enforcement against drivers speeding, failing to yield or being distracted while driving between 4:00 pm and 9:00 am.

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A one year old boy died and six people were injured including two severely in a NYC fire accident yesterday morning morning. The fire started in a three bedroom apartment located on the 13th floor of a building located on Mother Gaston Blvd in Brooklyn NYC. Seven people were living in the apartment. Firemen rescued the bay boy but he died an hour later at the hospital. two other people are still fighting for their life and 4 others were injured but expected to survive. They were all transported to a nearby hospital. Read more in Brownsville Patch

Another fire broke at a new wing of the NYU Langone Hospital in Midtown Manhattan. Nobody was injured as the building was still under construction. Black smoke and massive flames caused by tar burning erupted from the rooftop. The smoke invaded the entire Kips Bay neighborhood. Read more in the NY Daily News

Yesterday 8 people including two firefighters were injured in a fire that erupted in a Bronx two-story houses (see NY Daily News). As the weather is getting colder in the City the number of residential fires has been increasing these last days.

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161 Avenue in Howard Beach Queens, NYC is a quite residential street
3 people were injured in a car accident in New York City on Friday. A 47 year old woman who tried to avoid a collision with another car crashed her SUV into the wall of a Howard Beach House in Queens. A little girl was in the car with her. Both suffered minor personal injury and were treated at the scene of the accident.

A man living in the house was seriously injured by the impact and the debris and was transported to the hospital. He suffered head and shoulder injuries.  The SUV crashed into the wall of the house and went inside it. A big portion of the garage and basement of the house were completely destroyed during the accident.

Read more and see video on ABC News 

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location of the accident 6th Ave and 47th StreetA woman riding her bike was hit by a van in Midtown Manhattan. The 56 year old woman was riding a Citi Bike near the intersection of W. 47th street and 6th Ave around 9:30 am yesterday morning. The van driver hit her and continued his way dragging the mangled bike under his vehicle. Two counter-terrorist cops saw it and immediately ran to the rescue.  While one of the cops was chasing down the van, the other one took care of the victim.  The woman suffered a very bad injury to her legs. According to witnesses, bones were visible in the knee area. The driver stayed at the scene of the accident. It is not clear why he didn’t stop immediately after hitting the woman. So far he hasn’t been charged.

Read more in the NY Daily News 

Picture: the busy location of the accident, courtesy of Google Maps

 

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New York Medical Malpractice Attorney Mariojo AdimeyOur firm is proud to announce that New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $1.27 million verdict in a colonoscopy case in Brooklyn, New York City.

The plaintiff, Lola Heifetz (63), went to Dr. Robin Baradarian and The Brooklyn Gastroenterology and Endoscopy, PLLC on September 26, 2010 for a routine screening colonoscopy. Ms. Heifetz, of Ukraine descent, emigrated to the United States over thirty (30) years ago. She learned English, became a U.S. citizen, obtained her lab technician certificate, and started working as a lab technician at Maimonidies Medical Center. She worked at Maimonidies Medical Center for almost thirty (30) years until the day of the colonoscopy.

A colonoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the inside of the colon and identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube is used to examine the inner lining of the large intestine, i.e. the rectum and colon. The scope is inserted into the anus, through the rectum and then passed through the entire large intestine to the cecum. Passage of the colonoscope through the intestine is incredibly important, as improper handling of the scope could cause injury to not only the bowel itself, but vital organs outside the bowel including the spleen.

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photo__2573607_christopher_donadioWe are proud to announce that our associate Christopher Donadio has been selected by The National Trial Lawyers Top 40 under 40. The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state or region who are under the age of 40.  Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research. Chris has already taken over 40 verdicts in personal injury cases in both New York State and Federal Courts. His selection is a testament to his having immersed himself not only in his work but in his extensive studying of both the past and present top personal injury lawyers. He has represented plaintiffs at trial in all types of personal injury cases including police brutality cases, an area in which he has a particular interest and expertise. We congratulate Chris on this well deserved Honor.

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NFL Brain Injury   The Radiological Society of North America reports that a study published in the journal of radiology found measurable changes in the brains of children after one season of participating in youth football without a diagnosis of a concussion. Christopher T. Whitlow, M.D., Ph.D., M.H.A., associate professor and chief of neuroradiology at Wake Forest School of Medicine in Winston-Salem, N.C., the lead author of the study stated “We wanted to see if cumulative sub-concussive head impacts have any effects on the developing brain.” 25 male football players between 8 and 13 years old were studied. The Head Impact Telemetry System (HITs) was used to record head impact data. Participants in the study underwent pre- and post-season evaluation with multimodal neuroimaging, including diffusion tensor imaging (DTI) of the brain. DTI is an advanced MRI technique, which identifies microstructural changes in the brain’s white matter. Diffusion tensor imaging measures what is known as fractional anisotropy (FA), of the movement of water molecules in the brain and along axons. Dr. Whitlow stated that the participants in the study “…who experienced more cumulative head impact exposure had more changes in brain white matter, specifically decreased FA, in specific parts of the brain.” He stated further research is needed to determine the significance of these findings. Read the RSNA Press release here.

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