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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imageA drunk off duty cop killed a pedestrian and injured 3 others in Brooklyn, NYC, Sunday around 3:00 am.  21 year old Andrew Esquivel (photo ), a MIT student interning in New York for the summer , was walking home when he was hit by an out of control car that jumped the curb. Another man and two other women were seriously injured in the accident. The driver of the car was off duty NYPD Officer Nicholas Batka who was allegedly drunk but refused a breathalyzer test. He was charged with vehicular manslaughter, three counts of assault, driving while intoxicated, driving with impaired ability and driving on a sidewalk. Read more in the NY Daily News 

 

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Cy VanceLast year 22 year old Carlos Moncayo died in a  construction accident in New York. The young worker was crushed to death by a collapsing  wall on the site of the former Pastis restaurant in the Meatpacking district, in lower Manhattan, NYC. Prior to the accident, Harco, the contractor, had been warned by an  independent engineer  that the construction site was unsafe and that it should be closed.  The contractor refused and Carlos died. (See previous blogs here and here)

A coalition of 22  groups including District Attorney Vance and then Building Trade Employers’ Association (BTEA) are asking the judge to impose the maximum sentence on  Harco.  Harco was found guilty of manslaughter, criminally negligent homicide and reckless endangerment by Judge A. Kirke Bartley.  The D.A.  Also requested that the contractor pay for an advertising campaign to promote  worker safety this fall in New York.

Read more in the Real Deal 

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A pedestrian was  fatally struck by a hit-and-run driver  Tuesday night in New York City. According to DNA info the man was intoxicated. He had just come out of a limo and he fell on the ground before being hit by a car. The fatal car accident happened on Jerome Avenue near the Yankee Stadium in the Bronx.  The limo driver called 911 after the accident. The man was transported to the hospital where he was pronounced dead. The police are still looking for a white Chevrolet Impala.

Read more in  DNA info 

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Crane ReportFollowing the fatal collapse of a crane in  lower Manhattan last February, Mayor de Blasio and NYC building commissioner Rick Chandler created the Crane Safety Technical Working Group. The mission of this independent group of experts was to assess actual New York crane safety regulations and provide a set of  recommendations to improve existing regulations and limit further crane accidents in New York City. A few days ago the group released a report that includes  23 recommendations to improve crane safety in New York City.

The group noted that despite having some of the most comprehensive crane safety regulations in the world, the NYC  Department of Buildings hasn’t comprehensively revised and updated these regulations since 2008. In between technology and best practices have evolved tremendously. A new effort to update regulations was launched by the DOB  last year but nothing has been released yet. Therefore the Crane Safety Technical Working Group proposes that the Department of Buildings integrates the Crane Safety Technical Working Group recommendations with their ongoing efforts to update the existing crane regulations.

In its recommendations, the group suggests:

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A pedestrian died after being hit by a car in NYC.  The accident happened early Monday morning a little bit before 1:00 am. The 22 year old man had just stolen beers at a Bodega in the Bronx and  was running across Bruckner Boulevard near 149th street. He was struck by a SUV driving west on the boulevard. The pedestrian was found unconscious at the scene of the accident. He was transported to the hospital where he was declared dead. The police are still investigating the exact cause of the accident.

Read more in the NY Daily News

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A pedestrian was  fatally struck by a car as he was walking along a Queens Highway . The accident occurred Friday night around 11:30 p.m. on the left shoulder of the Van Wyck Expressway heading north near the Liberty Avenue exit. The unidentified man was fatally struck by a Lexus sedan. The driver stayed at the  scene of the accident and wasn’t charged.

Read more in the New York Daily News

 

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An eight year old boy died from his injuries after  accidentally drowning in the swimming pool of a cruise ship  that had just left New  York and was heading to the  Caribbeans.  Prince Andepoju from Maryland,  was a passenger abroad the Royal Caribbean’s Anthem of the Seas that had just left  the city on June 30. The cruise ship was on the New Jersey coast when the young boy was found in the pool. He was alive but was critically injured. He was transported to Staten Island University hospital where he died on July 2nd.  The boy was struggling in the pool for 8 to 10 minutes until someone found him.  According to the city Medical Examiner, he  died from accidental  drowning. Seizure disorders were also a contributing factor in the death of the young boy, the Medical Examiner added.

Read more in the NY Daily News

 

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crashIGA driver died and a pedestrian was injured in a NYC car accident involving a cell phone thief who was involved in a high-speed chase by the police. After allegedly steeling a cell phone at the Queens Village Auto Body shop on Hempstead Avenue, 51 year old Derrick Perkins fled in his BMW. The police were alerted about the theft and Perkins was identified by plainclothes officers in an unmarked car. The police officers tried to stop his car but the man fled. A chase followed. At the intersection of 225th Street and Linden Boulevard, the suspect ran a red light and hit a car.  The impact was so strong that the car careened onto the sidewalk striking a 29 year old pedestrian. The pedestrian suffered a leg injury and was transported to the hospital. The innocent car driver 78-year-old Roxina Clayton was killed in the accident.

The NYPD Patrol Guide states, “Department Policy requies that a vehicle pursuit be terminated whenever the risks to uniformed members of the service and the public outweigh the danger to the community if  suspect is not immediately apprehended.” Among the factors to be considered is the nature of the offence.

Read more in the Gothamist .

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altonsterlingPhilando CastilleAlton Sterling and Philando Castille are the two most recent victims of an epidemic of police brutality and discrimination against African Americans all over this country. These two men died this week in two separate incidents during which both of them were literally executed by the police.

On Tuesday a gruesome video circulated among social media and news channels showing two policemen from Baton Rouge, Louisiana murdering Alton Sterling while they were  holding him down on the ground. The video shows that he was not resisting.

A day later, Philando Castille was in his car with his wife and daughter in Falcon Heighth, Minesota, when he got stopped by the police for a a defective tail light. As he was reaching to his back pocket get his I.D in his wallet the cop  shot him for no reason. His wife streamed a video live on Facebook as he was dying in front of her.

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A 76-year-old pedestrian who was struck by a car two months ago in Queens, NYC, died from her injuries. Maria Damaco was crossing the  intersection of Fresh Pond Road and Myrtle Ave Avenue when she was hit by car making a left turn. The car driver, a 36-year-old woman,  stayed at the scene of the accident.

Read more in the NY Daily News

 

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