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 lawyer Anthony GairOur partner Anthony Gair who represented the mother of Amadou Diallo, who was shot at 41 times by NYPD officers was quoted in an article from the New York Times related to the $ 5.9 million settlement received by the family of Eric Garner from the City of New York.

The case of Mr. Garner’s death differed from other killings by the police because of video capturing his final pleas for breath and because of the number of children who could claim damages. Five are named in the release forms. “I was dealing with someone who left no dependents and there was no conscious pain and suffering because he died instantly,” said Anthony H. Gair, the lawyer for the family of Amadou Diallo, killed in hail of police bullets in 1999. The city made no significant offer “until the very, very end,” he said, ultimately settling the case for $3 million. This amount is the largest amount that has ever been paid by the city of New York in a wrongful-death action for the death of a single individual with no dependents.

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3 people died in a car accident in Long island, NY, early morning on Monday. The Ostanes, a Queens family from Haiti, were coming back from a gathering with relatives when a drunk driver who was also speeding crashed into their car. As the car burst into flames, Lucnie Bouaz-Ostane, the 35 year old mother who was in the passenger seat was able to escape. She tried to rescue the rest of the family but was unable to open the doors. Her husband, Ancio Ostane, 37, her daughter Sephora, 4, and her son, Andy, 8, all died in the accident.  The drunk driver fled but the police were able to apprehend him. 24 year old O’Neil Sharp was arrested and charged with DWI and leaving the scene of an accident. Sharp pleaded not guilty and Today authorities said a second man was arrested and awaiting arraignment. 23 year old Demetri Stewart was charged with leaving the scene of a death, fourth-degree criminal facilitation and third-degree hindering prosecution. Stewart apparently was riding another car just behind Sharpe when the accident happened. Read more in the NY Daily News 

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A bicyclist was killed in an accident Monday during  the early morning traffic rush in Brooklyn, New York City.  The bicyclist was riding south on Fourth Avenue near the Barclay Center when he was hit by an out of control SUV. According to the police, Claudio Rodriguez, the 37 year old driver of the SUV, may have had a seizure.  Rodriguez was travelling North on Fourth Ave when he first struck a car at a red light at the Dean Street intersection. The SUV then jumped the concrete median and crashed into the bicyclist who flew in the air and landed on the hood of the SUV. The bicyclist was carried several blocks on the hood of the SUV before he fell onto the pavement in front of the Atlantic terminal where he died. Rodriguez hit another car before crashing on Flatbush Avenue.  5 other people were injured in the accident. The police are waiting for the blood test results to determine if a medical condition caused the accident. According to the Post “Rodriguez admitted to cops that he had forgotten to take medication on Monday to control his seizures, law-enforcement sources said.”

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Anchor itFurniture and TV tip-overs are among the top cause of deaths and personal injuries around the house. Every 24 minutes in the US a child is sent to the emergency room because of a fallen TV or tipped furniture. Every 15 minutes someone in the U.S. is injured by furniture tip-over and on average, one child dies every two weeks when a TV or furniture falls onto him or her.

“Anchor It”, a new national safety campaign outlines the dangers of tip-overs and explains how easy it is to anchor furniture and TVs properly.

Families with children can easily prevent tip-over accidents by making sure televisions are placed on stable and sturdy furniture designed for this purpose. Wall mounted TVs are the best way to prevent tip-over but when TVs are not wall mounted they should be anchored to the wall. Heavy furniture should also be anchored with anti-tip brackets.  Small objects on top of furniture that may tempt children to climb onto the furniture to grab them should also be removed.

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One Bryan-Loughanyear ago Bryan Loughran (picture) was killed by a hit and run driver in Brooklyn , NYC (see previous blog). The driver who left him dying on the road was later on identified as Michael Casale, a 54 year old Minister from Brooklyn. After he fled from the scene of the accident, the minister abandoned his vehicle and tried to conceal his responsibility by reporting it stolen. Police arrested Casale at his home. Hours after questioning and blaming “his friend” for leaving the scene, Casale broke down into tears and confessed, the judge said. He was sentenced to up to 4 1/2 years in prison two days ago. Read more in the NY Daily News

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The following video is a demonstration of an opening statement in a wrongful death case.  The plaintiff was represented at trial by our managing  partner New York Personal Injury Lawyer Ben Rubinowitz. The case involved the death of a little girl who was a passenger in a car being driven by her father. She was killed as a result of the combined negligence of a truck driver and the carelessness of the City of New York. The case was significant in that the little girl’s father was in the”zone of danger” when he witnessed the death of his daughter. The jury returned a substantial multi-million dollar verdict in the case finding both the truck driver and the City at fault.

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MTA BusA MTA report on a NYC fatal bus accident that happened last October indicates that the accident was preventable and that the actions of the bus driver were the most probable cause of the accident.  The report indicates that the bus driver, 64 year old Theresa Gallager, was driving North on Willis Avenue in the Bronx at 1:40 am and turning left with a green light onto E. 147th Street when she hit 64 year old John Lavery who was crossing 147th Street in the crosswalk with the right of way. MTA drivers are supposed to take turns at a speed of 5 mph. Gallager was driving at a speed of 11 to 15 miles-per-hour when she turned. If she had followed MTA guidelines and driven slower, the death of John Lavery may have been prevented. Many of the frequent accidents involving pedestrians being hit by buses are the result of drivers who work long hours, are frustrated by the NYC traffic congestion and drive aggressively feeling they always have the right of way and it is the pedestrian’s obligation to get out of the way.

Gallager was the first of six bus drivers that have been arrested under the city’s Right of Way law, which makes it a misdemeanor to fail to yield to pedestrians and cyclists.  In an article in the Post Theresa Gallager’s lawyer and the bus driver’s union blame a broken street lamp for the accident but according to the Gothamist, the report clearly indicates that the bus driver was responsible for the accident.

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A 46 year old mother  suffering from multiple sclerosis was fatally struck by a  garbage truck in New York City as she was trying to cross the street with her walker. Last Thursday around 10:30 pm, Alberta Bagu who was using a walker was crossing Broadway mid block between Ditmars Street and Willoughby Avenue in Bushwick , Brooklyn, when a private garbage truck hit her. The truck driver continued on his way without stopping. Later on the police were able to identify the truck and talk to the driver. The driver told the police that he didn’t realize that he struck a pedestrian. Alberta Bagu was found dead at the scene of the accident.  Read more in New York CBS Local. NYC is becoming a dangerous place for pedestrians.

Another pedestrian died a day earlier in Brooklyn as well after she was struck by a driver who lost control of the car while she was making a turn (see NY Daily News).

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A speeding SUV driver is responsible for the death of 42 year old Susana Ha and her 10 year old daughter Angelica Ung in a crash between two cars that happened last Wednesday on 210th St. in Queens, NYC according to a police source. Susanna Ha was riding with her two young daughters in the back seat and her mother was in the passenger seat of a car driven by her dad when the driver of a speeding SUV who was travelling in the opposite direction veered to the left, crossed the double yellow line and hit their car. The accident took place in a 15 mph school zone with a speed bump in the middle of the street.

The mother and the youngest daughter were killed in the accident while the other daughter was in critical condition. The 67 year old grandmother was seriously injured while the 74  year old grandfather who was driving the car was in stable condition. The 46 year old driver of the SUV was also injured and in stable condition. To date no criminal charges have been filed. Based on photos of the front end of the SUV and video it had to have been going well above the speed limit.

Read more in the NY Daily News 

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A 29 year old male pedestrian died in a car accident in New York City last Saturday night. For some unclear reason instead of using the nearby pedestrian overpass, Caje Dawkins decided to walk across the Bruckner Express Way near Stratford Ave, half a mile from where he lived.  As he was trying to cross the busy highway he was struck by a SUV . The driver of the SUV stayed at the scene of the accident.  Read more in the New York Daily News

 

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