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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311 E. 50th Street scaffolding accident locationA stone fell on the head of a NYC construction worker and killed him on Monday. 51 year old Nelson Salinas from Queens was on a scaffold, repairing the facade of  an Upper East Side residential building in Manhattan when the accident occurred.   A delivery man saw him dangling in midair with his head covered in blood and called 911. The worker was rushed to the hospital but he couldn’t be saved.

Nelson Salinas who was employed by Vlad Restoration, was performing minor facade repair on a suspended scaffold system. He was located at the 7th floor level of the 14-story building locates at 311 E. 50th Street near Second Ave when a coping stone that may have been knocked loose by the equipment used to secure the scaffolding to the facade fell on his head.  According to the Department of Buildings investigators the stone was a piece of the building’s parapet.  Read more about the accident in the NY Daily News

Preventing NYC Scaffold Accidents

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accident sceneTwo more pedestrians died in traffic accidents in NYC at the end of last week. One was hit by a bus and the other one by two cars. A total of 51 pedestrians and cyclists died in traffic accidents since the beginning of the year, an increase of 30% compared to the same period of 2018.

Struck by a reckless driver

On Friday night a pedestrian was killed in Queens. The man whose identity wasn’t revealed, was crossing Sunrise Highway in the crosswalk when he was hit by 62 year old Renford Tait.  The pedestrian fell to the ground and was struck by another car. Both drivers stayed at the scene of the accident. The first driver who failed to yield to the pedestrian while making a turn from Brookville Boulevard onto Sunrise Highway was also unlicensed. He was charged with failure to yield to a pedestrian and failure to exercise due care. The other driver wasn’t charged. The intersection is notoriously dangerous and known for speeding. Last year 126 crashes resulting in 58 people getting injured occurred at the intersection. Read more in Streetblog

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location of the fatal car accidentA 63 woman died in a car accident in New York City. Patricia Lancaster, a Brooklyn real estate agent was driving home from work.
As she was crossing East 56th Street and Avenue J, a speeding 19 year-old driver drove through the red light and t-boned her car. The woman was rushed to the hospital but she didn’t survive.
The teenage driver stayed at the scene of the accident and so far hasn’t been charged.
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A 19 year old driver died and two teen passengers were injured in a car accident in New York City. The accident occurred Tuesday afternoon around 4:30 pm.  19 year old Claudio Poggy was speeding in a Mercedes. Two of his friends aged 16 and 19 year-old were on board. According to witnesses, he was drag racing. As he was speeding north on Kings Highway, Brooklyn, the driver lost control of his vehicle and hit a tree at the intersection with avenue D. The impact was so brutal that the driver died at the scene of the accident. The 16 year old passenger suffered critical injury and the 19 year old one minor injuries. Investigators found that the speedometer was stuck on 130 mph on the unregistered Mercedes.

Male teen driver with teen passengers is a deadly combination

The risk of car accidents is higher among 16 to 19 year-old drivers than among any other age group. Car accidents are indeed the leading cause of death for American teens. According to statistics 6 teenagers die and hundreds of them are injured every day in car accidents in the US. The risk of dying in car accidents is two times higher for male drivers than for female drivers. When another teen is on board with a teen driver, the risk of a fatal crash doubles and increases further when more teen passengers are in the car.

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141street-and-AmsterdamA pedestrian was killed by a hit and run driver in New York on Friday. 26 year old Erica Imbasciani was fatally pinned against a parked car by a speeding hit and run driver on 141st Street and Amsterdam on Friday night. The driver was caught by the police and identified as 27 year old Tyrik Cooper.  The police alleged the driver was on drugs and he was slapped with numerous charges including driving without a license, leaving the scene of an accident and vehicular manslaughter.  The young female pedestrian suffered massive head and body trauma. She was rushed to the hospital but didn’t survive.

Community Board  opposed Vision Zero  street safety redesign

The accident occurred in an area that had been targeted by Vision Zero for a safety street redesign as early as March 2017 that had been opposed by the community board. On March 2017, the DOT presented a proposal to the Community Board 9 to eliminate one through lane in both directions and add an unprotected bike lane as well as other traffic calming measures such as left turn treatments and pedestrian islands on Amsterdam Avenue between 113rd Street and 162nd Street. The street redesign was proposed after statistics indicated that the area was particularly prone to speeding and reckless driving. Four pedestrians were killed and 28 of them were injured on this street segment between 2010 and 2014. An additional 8 people were  also injured in bicycle accidents during the same time and in the same area.

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New-York-Slip-and-Fall1Every day 223 older adults visit the emergency room after being injured in a fall in NY State, 140 are hospitalized and 2 die. Fall is the leading cause of unintentional injuries and deaths among older New Yorkers and among older people in the US as well. In the US every 19 minutes an older person dies from injuries related to a fall.

For people over 65 year old, falls often have serious consequences that can affect their global well being, their mobility, their independence and their mental health. 60% of the older New Yorkers who are hospitalized after a fall end up in a nursing home or a rehabilitation center. 11% of them suffer traumatic brain injury and 27% of them suffer from hip fractures.  In most cases falls occur at home. 60% of older adults hospitalized for a fall in New York fell in their own home.

Obviously as people get older, they loose some of their strength,  they sometimes have physical disabilities, their vision is decreasing and they take more medication which can lead to drowsiness. All these factors increase the risk of fall.

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Second-Avenue-and-BordenA cyclist was fatally struck by a car in NYC on Thursday. The victim, identified as 53 year old Robert Spencer, is the sixth person to die in a bicycle accident in New York City since the beginning of the year. Spencer was riding his bicycle on Borden Avenue on Thursday morning a little bit before 8:00 am when he was struck by a car traveling on Second Street in Queens. The driver, a 51 year old man stayed at the scene of the accident and wasn’t charged.The victim was rushed to the hospital but he couldn’t be saved.

The area where the accident occurred used to be industrial but recent developments are quickly transforming the neighborhood into a more residential area. While there is a protected bike lane on Second Street, Borden offers no protection for cyclists.  According to residents, speeding double parking and failing to yield to pedestrians is common on Borden. The shareholders of the Murano, a residential building located a block away from the accident have already written a letter to the city and to their Council Member Jimmy Van Bramer to ask for a two-way protected bike-lane on Borden as well as other traffic calming measures. Their effort was supported by Van Bramer who wrote directly to the DOT on March 4th to support the residents’request for a bike lane and other traffic calming measures. The residents of the Murano also tried to lobby their local community board for protected bike lanes along Borden Avenue, but the community board refused to consider their request. (read more in Street blog)

Bike lane delays are not about the money but about the community

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Defective Boeing 737 Max groundedThe second fatal crash of a Boeing 737  MAX last Sunday in Ethiopia has led to a worldwide decision by aviation authorities to ground all Boeing 737 MAX. The US was the last of 42 other countries to make this decision.  157 people lost their lives in Sunday’s crash and 189 died in October in Indonesia in a very similar airplane crash.

According to recent investigations both crashes occurred  in a very similar manner. A new flight control system for which pilots weren’t proprely trained may have caused both accidents according to preliminary investigations. According to an article in the New York Times, after the first accidents, the pilots union complained that Boeing didn’t inform pilots that in some cases  the new flight control system could automatically push the nose of the plane down. Experts believe this change may have played a role in both accidents.

PILOTS LOOSING THE BATTLE AGAINST THE NEW FLIGHT CONTROL SYSTEM

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accident sceneThe driver who fatally struck an 85 year old woman in Brooklyn, NYC, last Wednesday had previously received 10 tickets for speeding in a school zone and two for running red lights. The police haven’t filed any charges against the driver. The daughter is furious and wants the driver charged. She believes that a bill such as the “Reckless Driver Accountability Act” proposed by Brooklyn Councilman Brad Lander would help stop reckless driving in New York and could have prevented the death of her mother. The bill was proposed last year by Councilman Brad Lander after a reckless driver killed Abigail Blumenstein and Joshua Lew in Park Slope. Stella Clinton was backed over by the reckless driver as she was walking home from her Brooklyn parish church after an Ash Wednesday service. The accident occurred on Avenue S near Brown Street, in Marine Park, Brooklyn.

Read more in the NY Daily News

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Kigs County Hospital has the highest number of wrongful death claims468 people died of medical malpractice in NYC’s public hospitals in the past 5 years according to a recent article in the New York Post.  Among all 11 HHC hospitals, Kings County Hospital in Brooklyn had the worst record. 91 claims of wrongful death related to medical malpractice were filed against the Brooklyn hospital between the beginning of 2014 and the end of 2018. Bellevue, a much larger city hospital located in Manhattan came second with 54 wrongful death claims filed against it during the same period.

The Post analysed City Comptroller data obtained through a Freedom of Information request and found that the city paid $34 million to 56 families in 2014. Among the cases closed, the Post found out that  some patients died in horrific conditions from gross medical malpractice committed by these hospitals. Among the most shocking were:

  • The wrongful death of a woman who died from organ failure after doctors at Kings County Hospital in Brooklyn ignored her tuberculosis diagnosis and botched her treatment. Her family was awarded  $3.2 million, one of the largest amounts paid by HHC to the 56 families.
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