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 Wrongful Death

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Nicholas Dominici died because of the daycare's reckless negligenceIn a tragic case that has shocked New York City, the husband of a Bronx day care owner, Felix Herrera Garcia, has been sentenced to 45 years in prison for his role in operating a fentanyl trafficking ring from a day care facility that led to the death of a 22-month-old child.

Herrera Garcia’s conviction follows a guilty plea to charges including conspiracy to distribute narcotics and possession with intent to distribute narcotics, resulting in death and serious bodily injury. His actions, along with those of his co-conspirators, turned a day care—a place where parents trust their children will be safe—into a deadly drug operation, with hidden fentanyl stashes beneath the very floors where children played, ate, and napped. The death of 22-month-old Nicholas Dominici (picture), and the injury of three other toddlers, illustrates the profound risks of fentanyl exposure, especially for young children.

The Fentanyl Crisis in New York: A Growing Concern

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intersection of Westchester and Commonwealth Avenues where the cyclist was fatally struck by the pick up truckA 66-year-old bicyclist was fatally struck by a pickup truck in the Bronx at the intersection of Westchester and Commonwealth Avenues on Saturday. Emergency Medical Services rushed the cyclist to Jacobi Medical Center, where he was tragically pronounced dead.

The driver of the pickup, a 24-year-old man, remained at the scene following the accident. While police have indicated that no criminality is suspected, it has been reported that the pickup truck lacked front plates, which raises potential legal concerns about vehicle compliance.

The Increasing Risks for Cyclists in NYC

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Intersection of Dekalb and Wyckoff where a pedestrian was killed by a Box truckMarco Gallardo Tirado, a 59-year-old retired Brooklyn home health aide, was fatally struck by a box truck in Bushwick while on his way to a doctor’s appointment. The accident occurred on DeKalb Avenue near Wyckoff Avenue around 9:35 a.m. on Friday morning. Sadly, Mr. Tirado’s life was cut short just blocks from Wyckoff Heights Medical Center, where he was rushed but could not be saved.

The driver, identified as Lennis Escalona Luna, did not stop at the scene but was later identified through his truck’s U.S. Department of Transportation number. He now faces charges of failure to yield to a pedestrian and failure to exercise due care. However, the emotional toll on Mr. Tirado’s family is immeasurable, as they mourn the loss of a kind and caring man who had simply been on his way to a routine checkup.

This incident is just one of several fatal truck accidents that have plagued New York City over the past few days, bringing increased urgency to the conversation around pedestrian safety. As truck traffic continues to rise in the city, especially in densely populated areas like Brooklyn, so too does the risk to pedestrians.

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16 year old Jahel Zihnin was killed in a truck accidentAs personal injury lawyers representing Queens victims, we are no strangers to the devastating impact that reckless drivers can have on families and communities. Recently, families in Queens have been calling for urgent action to protect children from the dangers posed by careless motorists. Yesterday, the group Families for Safe Streets, alongside lawmakers, gathered at IS-125 in Woodside to honor the lives of several young pedestrians who were tragically killed in traffic accidents, including 16-year-old Jael Zhinin (picture). She lost her life in a crosswalk, struck by a truck on the last day of class in June.

The grief and frustration felt by these families are not isolated. Many of our clients have experienced firsthand the sudden loss of a loved one or the long road to recovery after a serious accident. But the pain of losing a child, especially when they were simply walking in a crosswalk or standing on a sidewalk, is unimaginable.

Advocating for Change: Sammy’s Law

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construction workers must be protectedThe U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.

One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”

Targeting Serial Offenders

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Accident sceneLabor Day weekend was marred by a series of fatal collisions across New York City, resulting in the loss of six lives. These incidents highlight ongoing concerns about road safety in our city and the need for careful attention from all road users.

A Weekend of Fatal Collisions

The unfortunate events began on Thursday, August 29, when a 55-year-old  pedestrian identified as Jacqueline Healy of Jamestown was struck by a Ford pickup truck while crossing Cross Bay Boulevard at Pitkin Avenue in Ozone Park, Queens. The driver, Keith Ryan, 47, was arrested and charged with driving with a fake license.

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The WRONG WAY ENTRANCE To the Hudson Parkway taken by the driver of the pick up truckKirk Walker, a 38-year-old father of three, was tragically killed in a wrong-way crash on the Henry Hudson Parkway in Harlem, just one day before his wedding. Walker and his cousin, Rob McLaurin, were returning home from a bachelor party when their vehicle was struck head-on by a pickup truck driving the wrong way. Both men lost their lives in the collision.

The driver of the pickup truck fled the scene, leaving the victims’ families in shock and mourning. Authorities have since apprehended the passenger of the vehicle, who was found near the crash site with injuries, but the driver remains at large. The ongoing investigation focuses on identifying and apprehending the driver responsible for this fatal hit-and-run.

Walker’s fiancée, Shauntea Weaver, voiced her determination to seek justice, emphasizing the need for accountability. The impact of this event on their family is profound, as they were set to start a new chapter in their lives, and now, instead, they face the unimaginable task of coping with this loss.

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Kerry And her Son EliIn a tragic car accident that highlights the deadly consequences of driving under the influence, a 9-year-old boy was tragically killed by his own mother after she drove the wrong way on Long Island’s Southern State Parkway while allegedly intoxicated. The devastating frontal collision, which involved multiple vehicles, occurred in the early hours of Thursday morning and has left a community in mourning as the legal implications for the mother, who now faces serious charges, unfold.

The crash took place around 2:20 a.m. near exit 42 in Islip. The driver, 32-year-old Kerri Bedrick, allegedly under the influence, was driving in the wrong direction for approximately five miles before the fatal collision occurred. According to police reports, a Suffolk County sheriff’s patrol officer had spotted Bedrick’s vehicle earlier and attempted to initiate a traffic stop. However, Bedrick allegedly sped up, evading the officer and continuing her wrong-way journey, which ended in a horrific head-on crash.

The collision was so severe that parts of the vehicle were found in the woods, a testament to the sheer force of the impact. Tragically, her 9-year-old son, Eli, who was seated in the back of the car, succumbed to his injuries despite the valiant efforts of first responders.

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Ainsley Dalrymple was killed by a hit and run driver in QueensIn a significant development, the alleged driver responsible for a fatal hit-and-run accident in Queens in 2019 has been captured in Guyana, bringing some measure of closure to the family of the victim, Ainsley Dalrymple. Ravindra Dharamjit, the suspect who fled the country to evade justice, has been extradited to New York City, where he now faces serious charges.

The tragic incident occurred on Christmas Day in 2019 when Ainsley Dalrymple, a 67-year-old father of four, was struck and killed by a 2012 Toyota Tundra while crossing Rockaway Blvd. in Ozone Park. The truck, allegedly driven by Dharamjit, was traveling at an alarming speed—74 mph in a 25 mph zone—on the wrong side of the road. The force of the impact sent Dalrymple flying 157 feet, causing fatal injuries.

After the accident, Dharamjit reportedly returned the borrowed vehicle to its owner, claiming he had crashed it and would repair it later. However, within days, Dharamjit fled the United States, leaving the Dalrymple family to mourn their tremendous loss without justice.

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Fitz Herbert Slowe was killed by a reckless driverThe tragic death of Fitz Herbert Slowe, a beloved 71-year-old great-grandfather, serves as a painful reminder of the devastating consequences that reckless driving can have on our community. On December 18, 2023, Mr. Slowe’s life was tragically cut short when another motorist, Mario Hill, ran a red light and collided with his vehicle at the intersection of Guy R. Brewer Blvd. and South Conduit Ave. in Springfield Gardens, Queens. Now, after more than nine months, Hill has been criminally charged with manslaughter, criminally negligent homicide, and reckless driving, as he rightfully should be.

Understanding the Legal Implications

As Queens personal injury lawyers, we often see the profound impact that reckless and negligent actions on the road can have on victims and their families. The charges brought against Hill are not just about punishing him for his actions, but about seeking justice for Mr. Slowe and ensuring that such tragedies are prevented in the future.

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