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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Anton YelchinA defective car killed Anton Yelchin and his parents are suing Fiat Chrysler Automobiles, manufacturer ZF North America and car dealership chain AutoNation for the wrongful death of their son. 29 year old Anton Yelchin, a “Star Trek” actor was killed last June in front of his house. The actor had just exited his 2015 Jeep Grand Cherokee. Because of a defect in the design of the electronic gear shift position indicator, Yelchin thought his car was in “Park” position but it wasn’t. Therefore the parking break wasn’t engaged. The vehicle started to move toward him rolling backward and  fatally crushed him against the security gate.

The car maker was aware of the design defect and in April it had recalled more that 1.1. million Jeep Grand Cherokees after receiving 41 reports of injuries related to the gear shift. According to Yelchin’s parents, a recall notice was received in the mail seven days after the death of their son. The parents said that it was too little too late.

See our previous blog for more info about the recall and read more about Anton Yelchin parents’ lawsuit in US Magazine

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Fulton and Chestnut2 pedestrians were killed in a car accident in New York City last night. The driver who struck them is still at large. A little bit after midnight last night 41 year old Delman Maldonado and 56 year old Isreal Turcios were crossing the street at the intersection of Fulton Street and Chestnut Street in Cypress Hills Brooklyn (see Google map picture on the left). As they were crossing a speeding driver lost control of his vehicle, slammed into two parked cars and struck the two friends. The driver took off running leaving the two men dying in the street. Delman Maldonado, a father of one, died at the scene of the accident, Isreal Turcios, a father of three, was transported to the hospital but didn’t survive. The two of them were friends living in the neighborhood. They had just left a bar owned by Turcios’ brother and were going back home when the fatal accident happened.

 

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Guler-Ugur-YaacobiA man who killed a pedestrian on the Upper West Side of Manhattan, NYC, on New Years Eve, 2014, pleaded guilty to leaving the scene of an accident resulting in death and driving without a license.

30 year old Prezidor Porbeni, an undocumented immigrant from Nigeria was driving on the Upper West Side when the car in front of him stopped to let 44-year-old  Guler Ugur-Yaacobi, a brooklyn photographer, cross the street. (see previous post)

Porbeni didn’t realize why the car was stopping and used the other lane to pass it. As he passed the car he didn’t see the pedestrian and struck her causing her death. According to his lawyer he then panicked and fled the scene of the accident leaving the woman dying in the street. Later on he surrendered to the police and admitted that he fled. Porbeni will get between 1 and 3 years behind bars. As a result of his conviction he also may be deported.

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car obstructing bike laneBicyclists riding in New York City have an increased risk of being injured or dying in a bike accident when a car or a truck is blocking their bike lane. The cyclists have to merge into traffic to pass the vehicle blocking the bike lane therefore  increasing their risk of being struck by another vehicle.  People who are commuting by bike in New York City are facing this problem on a daily basis. Bicyclist advocates have been voicing their complaints about this dangerous matter on regular basis and the NYPD listened to them.  This spring the “Bicycle Safe Passage” enforcement initiative was launched. The idea of the initiative is that over several periods of one week during the year the NYPD would focus on ticketing all vehicles blocking the bike lanes or not yielding to bicyclists. This week marks the third week of the operation for this year. During the previous operation last month, the police ticketed 1,757 motorists blocking the bike lane and 810 who didn’t yield to bicyclists. However according to Streetblog, police were also ticketing bicyclists rather than focusing their effort on protecting them.

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La Reguera DominicanaA man died in a New York elevator accident on Saturday. Jose Fernandez, 43  from the Dominican Republic was a worker at the Discount Store La Reguera Dominicana on 182nd Street in Manhattan. The man was loading merchandise into the freight elevator in the basement when the accident happened. For some unknown reason, the freight elevator suddenly moved up and trapped his head. The Department of Buildings is investigating the cause of the accident.

The online property profile overview of the NYC Department of Buildings has no record for the elevator. The freight elevator which had no doors was installed illegally a year ago, without a permit when a previous auto repair shop was turned into a discount store.

The building has an open violation for illegal occupancy and last year 3 complaints were opened accusing the building owner of performing renovations without a valid work permit.

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methA reckless motorist who fatally struck a pedestrian and injured a few others in New York was convicted of murder. 35 year old Shaun Martin was high on Meth and PCP when in 2013 he sped down Second Avenue in Manhattan, NYC, jumped the curb and fatally hit a florist who was just coming home from his night shift. Two other pedestrians were also injured by the reckless driver. Shaun Martin is now facing life in prison. Read more in the NY Daily News

picture source: wikipedia

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The reckless driver of a BMW who killed a mother and severely injured her daughter in a car accident in New York City and ran away has been arrested by the police. Last Sunday 58 year old Jairam Budhu was driving  his BMW with a suspended license at twice the authorized speed limit when he blew a right light and crashed into another car killing a mother and critically injuring her daughter. He then fled the scene of the accident on foot leaving in his car a passenger who was also injured. He was found by the police while having a drink on his porch at 8:00 am on Sunday morning. He was arrested and charged with manslaughter, assault, criminally negligent homicide, leaving the scene of an accident and unlicensed operation of a car. Read more in the NY Daily News

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To prevent kids from dying when they get hit hard in the chest while playing baseball, the city of New York offered free defibrillators to all male youth baseball teams but not the female softball teams. Apparently the city’s budget for defibrillators was not sufficient to cover all youth baseball and soft ball teams so they just offered them to the boys teams. The softball coaches are outraged and asked the city why the youth female teams do not get a free defibrillator.  Despite statistics showing that commotio cordis happens more frequently to young male players than female players both boys and girls deserves the same protection in case of such an accident.

When a baseball or softball player get hit hard in the chest by a ball, he or she can suffer commotio cordis which is a condition during which the heart stops working properly. It affects mostly young athletes and leads to deaths in 65% of the cases.  Victims are usually saved from death using a defibrillator to provide a shock to the heart to try to restart it.

Last May Mayor deBlasio signed a law to provide a free automated external defibrillator for baseball leagues who play on city fields but not for the softball teams or other sports teams.

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bicycle accident locationA bicyclist died after being hit by a suspected drunk driver in NYC. 17 year old Sean Ryan was riding his bike at Gerritsen and Gotham Aves., near Marine Park in Gerritsen Beach when he was hit by a car driving South on Gerritsen. 3 other people were injured in the accident including one severely according to the NY Daily News. The 24 year old driver, Thomas Groarke was arrested. He was suspected of drunk driving and may be charged with manslaughter.

Picture of the accident location: courtesy of Google Map

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A mother died and  her daughter was seriously injured in a car accident in New York City yesterday. The 41-year-old woman was riding in a car driven by her husband.  She and  Her 9-year-old daughter were sitting in the backseat. A 71-year-old man  was riding in the car with them in the front passenger seat. They were driving north on 130th Street in South Ozone Park in Queens around 5:00 pm. As they drove  through the intersection of 115th Ave, a speeding BMW  that just blew a red light crashed into them violently. Witnesses said it  sounded like a bomb.  The impact was so strong that the mother and the daughter were ejected  from the car and landed on the street. The mother died and the daughter was seriously injured. The father as well as the passenger were also injured but in stable condition. The driver of the BMW ran away leaving behind him an injured passenger. Read more in the NY Daily News 

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