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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New York Personal Injury Attorneys Rubinowitz and TorganIn an article published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write about the critical importance of expert cross-examination in trial advocacy. Their piece, titled “Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes,” offers a deep dive into the strategies attorneys can employ to effectively challenge the credibility of expert witnesses.

The deadly Metro North Train AccidentDrawing on the IN RE METRO NORTH trial, presided over by Honorable Paul Marx in Westchester County Supreme Court, Rubinowitz and Torgan explore how meticulous preparation and a thorough understanding of the case can expose flaws in an expert’s analysis. Rubinowitz and Richard Steigman, served as lead trial counsel for all injured passengers, successfully leveraging cross-examination to reveal critical errors in the defense’s expert testimony, which played a significant role in the trial’s outcome.

This article is a valuable resource for attorneys seeking to refine their cross-examination techniques and underscores the impact that even minor discrepancies in expert reports can have on the credibility of testimony and the jury’s perception.

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MTA_New_York_City_Bus_Orion_VII_Next_Generation_20091The recent MTA bus hit-and-run accident in Queens, which resulted in the tragic death of 31-year-old pedestrian Mishael Keys Amesha, underscores the importance of having an experienced Queens personal injury lawyer. This case, involving a pedestrian accident with an MTA bus, highlights the complexities of wrongful death claims and the critical role a skilled attorney plays in seeking justice and compensation.

On August 6, 2024, Mishael Keys Amesha was struck and killed by a Q85 MTA bus while crossing Bedell Street in Queens. The bus driver, Michele Washington, did not remain at the scene, leading to a hit-and-run investigation by the NYPD. With the MTA suspending Washington pending the outcome of the investigation, the focus now shifts to ensuring that justice is served and that the victim’s family receives the compensation they deserve.

When looking for a Queens Personal Injury Lawyer in a case like this one you want to make sure that your attorney has the following experience:

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construction is the most dangerous job in NYCThe Center for Construction Research and Training (CPWR) recently released a crucial data bulletin, shedding light on the concerning trends in fatal injuries within the construction industry from 2011 to 2022. As Construction Accident Lawyers in New York, we must discuss these findings and emphasize the urgent need for enhanced safety measures and preventive strategies in our industry.

A Grim Overview of Construction Fatalities

According to the bulletin, the construction industry ranked among the top five for fatal injuries in 2022. Alarmingly, from 2021 to 2022, the number of fatal injuries in construction surged by 7.6%, with the rate of such injuries increasing by 2.2%. These statistics underscore the perilous nature of construction work and the critical need for robust safety protocols.

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Ghost bike showing locations of previous NYC deadly bicycle accidentsAs personal injury lawyers serving the Queens community, we are deeply saddened and concerned by the recent tragedy that occurred on August 5, 2024. A cyclist was struck and killed by a truck driver at the intersection of 34th Street and 43rd Avenue in Sunnyside, Queens. This unfortunate event marks the 148th traffic fatality in New York City this year, with 42 of these deaths occurring in Queens alone. These statistics highlight the ongoing dangers that cyclists face on our streets.

The cyclist was riding in a protected bike lane, a crucial link between the Queensboro Bridge and Queens Boulevard. However, the protection ended at the intersection, leaving the cyclist vulnerable. This incident underscores the inadequacy of current infrastructure, which often relies on temporary measures rather than permanent, concrete solutions that could offer true protection.

Elizabeth Adams, Interim Co-Executive Director of Transportation Alternatives, expressed the collective grief and frustration poignantly: “We are heartbroken and outraged to learn that a truck driver struck and killed a person biking in Sunnyside today. All New Yorkers have a right to get where they’re going safely, and our city’s leaders failed to protect this bike rider today.”

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The Hawaii Nail Spa in Deer Park where the accident occurredThe recent tragedy in Deer Park, Long Island, where a drunk driver crashed into a nail salon, killing four and injuring nine, underscores the devastating impact of drunk driving. As car accident lawyers, we are committed to representing victims of such reckless behavior, ensuring they receive the justice and compensation they deserve.

On June 28, Steven Schwally, a 64-year-old retiree, drove his SUV at an alarming speed of 78 mph before crashing into the Hawaii Nail & Spa store. The collision resulted in the tragic deaths of four individuals, including an off-duty NYPD officer, and left nine others injured. Schwally, with a blood alcohol content of 0.17, more than twice the legal limit, has been indicted on multiple charges, including murder and vehicular manslaughter.

This case is a stark reminder of the severe consequences of drunk driving. Schwally’s decision to drive under the influence, combined with his excessive speed, led to an unimaginable loss for the victims’ families. Prosecutors highlighted Schwally’s total disregard for public safety, emphasizing the depraved indifference to human life exhibited by his actions.

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location of the deadly pedestrian accident in East Harlem, NYCIn East Harlem, a tragic incident unfolded 2 days ago, highlighting the grave dangers posed by reckless driving in urban areas. Nadjari Reid, a 51-year-old pedestrian, was killed in a chain-reaction crash caused by a speeding Mercedes-Benz driver.

Reid was crossing the street when a speeding Mercedes-Benz, driven by Angel Melendez, ran a red light and mounted a concrete island. The car struck a parked motorcycle, a Chevy Tahoe, and finally a parked Infiniti, pinning Reid between the Tahoe and a postal truck. Despite immediate medical attention, Reid succumbed to his injuries at the hospital.

The driver, Melendez, was found to have a blood alcohol level above the legal limit, adding another layer of recklessness to his actions. He now faces serious charges, including manslaughter and reckless endangerment.

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Bronx accident sceneAs Bronx car accident lawyers, we want to highlight the devastating accidents that occurred this past weekend, resulting in the loss of two lives and leaving several others injured. The Bronx witnessed two separate tragic car accidents, both resulting in heartache for the victims’ families. Here are the details of these unfortunate events:

Collision at Viele Ave. and Manida St.

Early Saturday morning, a 21-year-old woman from Pennsylvania lost her life in a tragic collision. Jinmaris Melendez of Lancaster, Pa., was in the passenger seat of a Ford Focus when it collided with a purple BMW at around 2:45 a.m. at the intersection of Viele Ave. and Manida St. in Hunts Point.

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drunk drivingOn June 28, Deer Park, Long Island, witnessed a tragic incident when an alleged drunk driver, Steven Schwally, crashed into the Hawaii Nail and Spa. This accident resulted in the deaths of four individuals and left nine others injured. The case brings to light several critical legal aspects surrounding drunk driving incidents.

Steven Schwally, 64, allegedly drove under the influence with a blood alcohol level of .17, more than twice the legal limit. This information was released on Friday by the NYPD. The crash resulted in the deaths of Meizi Zhang, Yan Xu, salon co-owner Jiancai Chen, and off-duty NYPD Officer Emilia Rennhack. Nine others, including a 12-year-old girl, sustained injuries.

Legal Proceedings

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Our train accident attorneys represented all the passengers in the Metro North crash that killed 5 and injured dozens

On February 3, 2015, a devastating accident occurred at the Commerce Street Crossing in Valhalla, New York, involving a Metro-North train and a motor vehicle. The tragic incident led to the deaths of five passengers and numerous injuries, marking it as the deadliest crash in Metro-North’s history. After nearly a decade of legal proceedings, a Westchester County jury has delivered a landmark verdict, holding Metro-North primarily liable for the crash.

That evening, Ellen Brody, driving an SUV, inadvertently drove onto the tracks at the Commerce Street Crossing. As a northbound Metro-North train approached, the train struck the vehicle, resulting in a catastrophic sequence of events. The train continued to move several hundred feet post-collision, causing the vehicle to strike the electrified third rail. The third rail dislodged and penetrated the floor of the first train car, igniting multiple fires and causing extensive damage. Tragically, Ellen Brody and five passengers lost their lives, and dozens were injured.

In the aftermath of the crash, the families of the victims and the injured passengers sought justice

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car-accident-scene-in-Manhattan-scaledAs car accident attorneys in New York City, it’s heartbreaking to witness the increasing frequency of deadly accidents on our streets. Over the past few days, our city has been struck by multiple tragic incidents, highlighting the urgent need for improved traffic safety measures.

Harlem Tragedy: A Family’s Worst Nightmare

On Thursday evening, a devastating crash in Harlem claimed the life of three-year-old Jaynelyse Valdez and injured her two younger brothers and mother. The family was crossing Malcolm X Boulevard with the walk sign when a 40-year-old driver, turning left onto W. 135th Street, struck them. Despite efforts to rush Jaynelyse to NYC Health and Hospitals/Harlem, she was pronounced dead upon arrival. Her two-year-old and four-month-old brothers, along with their mother, sustained minor injuries.