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.
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annabis edible are attractive to childrenMore and more children are getting injured after ingesting cannabis products that are being packaged in multicolor packaging and look like children treats. Hospitals are seeing an increase in young children getting poisoned after inadvertently ingesting THC edible products.

Most cannabis edible products look like regular children treats such as gummy bear, chocolate bars, candies, lollipop with packaging that are colorful and attractive to children. Some of them even mimic famous brands of candies such as the THC infused Zombie Skittles whose manufacturer was recently sued by Wrigleys, the manufactured of the “real Skittles”.

In a recent article, the Children Hospital of Philadelphia, Center for Injury Research and Prevention, describes the case of an elementary school child who went to a local grocery store with her parents and picked a “Krispy Treat” snack.  The parents did not notice that the colorful packaging of the treat indicated that the treat contained delta-8-THC which is now sold in the Philadelphia region as a “legal high”.  The child ingested the entire snack and only at dinner time parents noticed that their daughter started to get distressed, holding her head, becoming drowsy and loosing her balance. They rushed the child to the emergency room where she was hooked to a respirator and transferred to the intensive care unit until doctors figured out that testing showed that she was poisoned by THC and that she would recover soon.

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Reckless driving  and speeding caused 6 people to die and several to be injured in multiple car accidents all over the city. On Monday early morning, around 2:00 am, a black BMW landed on the Amtrak tracks below the Henry Hudson parkway around 183rd Street. The driver lost control of the vehicle and went over the barriers of the highway. When the car landed on the tracks it exploded, killing the driver and the passenger. The police was seen at the scene investigating the accident while Amtrak published a service advisory signaling delays for the trains travelling between Pen Station and Albany.

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Steinway building3 people suffered personal injury caused by falling ice in Midtown Manhattan and streets had to be temporarily closed around the Steinman high rise to prevent further accidents.  Falling ice from super-tall high rise all glass sky scrappers is an ongoing issue in New York City that has been causing entire streets to shut down.  Studies have found that the energy efficiency system installed on aluminum and glass high-rises causes unexpected accumulation of ice and snow (see previous post) and as a result when the temperature rises, this ice is falling down on the street from such height that it becomes deadly.

On Friday afternoon, a woman was driving her car on Sixth Ave when a giant piece of ice, crashed on the top of her car, causing the roof to crash down on her head and seriously injuring her. The ice fell from the high-rise located at 111 W. 57th St also known as the Steinway building because it was built at the location of the Steinway pianos showroom. It is also one of the highest building in the US and the thinnest skyscraper in the world.

35 year old Deneice O’Connor said she thought a body fell on her car when the accident occurred. She said she was traumatized but was able to drive the car to the curb and find refuge under an awning while 10 foot long panes of ice continue to crash down on the street.

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road defect killed cyclistA senior cyclist died in a accident caused by a road defect in Queens, NYC, last Thursday. 77 year old Lin Wen-Chiang was riding his bicycle on 40th Driver in Elmhurst when he hit a broken cave-in pavement  and fell off his bike. He suffered severe head trauma and died from his injuries.

6 complaints were previously logged in with the Department of Transportation as the cave-in pavement was never properly addressed

After the accident occurred, city workers were seen patching the defect which had been poorly addressed despite multiple complaints to the city.

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Our subway accident lawyer investigating a caseNYC Subway accidents are on the rise and recently more subways have been delayed because of  people  standing on the tracks. As a result the MTA recently announced that its recently created “Trespasser Task Force” is working on several pilot projects to prevent people from getting on the tracks or being pushed on them.

The main project and the most expensive one is the pilot installation of  platform barriers at 3 stations:

  1.  On the 7 line platform  in Time Square
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Sara-Perez18 year old Sara Perez was fatally struck by a by a 16 year old driver in Queens NYC. The accident occurred last Thursday in front of the Northern Lube and Tire Shop at 106 Northern Boulevard near 107th street.  A video  shows the pedestrian on the sidewalk  waiting for the pick up truck to back out of the garage. After the truck moved out of the way, the young woman proceeded to walk again. As she was doing so, the driver of the pick up truck suddenly reversed into drive, accelerated and crashed into her at a high rate speed. She was crushed against a fence in front of several horrified witnesses. One of them got so upset that he  opened the door of the truck, pulled the driver out and pinned his hand behind his back.

When EMS arrived Sara was unresponsive. She was rushed to the hospital but she could not be saved and was pronounced dead. The young woman was heading home after buying some food for her 10 kittens. She lived just a block away. Sara was fostering stray cats kittens so they could be adopted. She was planning on becoming a veterinarian. She loved animals. The family of Sara set up a gofundme  (picture) to help with the funeral costs and other bills related to the accident.

The driver of the Ford F-150 pickup truck stayed at the scene of the accident. So far he has not been charged or arrested.  It seemed that the young man  backed the car out into the heavy traffic of Northern Boulevard, almost hitting another car, panicked, reversed into drive, pressed the gas and slammed into the pedestrian.

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location of the fatal hit and run accidentLast May, a man behind the wheel of a Rolls Royce fatally struck a pedestrian crossing  Bayard Street at the intersection of McGuiness Boulevard and sped away. The pedestrian was 58 year old Matthew  Jensen. He was a beloved teacher at PS 110 and the Greenpoint community was very moved by his death. After the accident (see previous blog). 

The negligent driver is a 30 year old FDNY EMT

The NYPD announced yesterday that they identified the hit-and-run driver as Tariq Witherspoon, a 30 year old FDNY EMT. They arrested him and charged him with speeding, reckless endangerment, leaving the scene of an accident and criminally negligent homicide.

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NYC construction workers have a high risk of fatalities Construction worker deaths in New York City and New York State represented respectively 22% and 24% of all worker deaths in the city and in the State in 2020 according to the annual report “Deadly Skyline” recently published by NYCOSH. The percentage is higher than the 21% rate recorded at the national level.

While less workers died in 2020 in NY and and NYC, data are difficult to compare as many construction sites shut down during the lock down. 41 construction workers died in accidents in New York State in 2020 compared to 55 in 2019. Among them, 13 died on New York City construction sites in 2020 compared to 24 in 2019.

Fatality rate is a better measure of how dangerous the work places are: In New York State, the construction workers fatality rate was 11.1 per 100,000 workers in 2020 compared to 10.2 in 2019. This indicates that work conditions were more dangerous for workers in 2020 than in 2019 in New York State. In New York City, the fatality rate declined from 11.6 to 7 per 100.000 which is quite an improvement and an indication that the recent measures taken by the city to make construction sites safer may work. Over the last few years, the budget for the New York City Department of Building has been increasing and so did the number of employees working on safety legislation and inspections.

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college point boulevard where the cyclist was struckOn June 4 2021, 16 year old Darwin Durazno died in a bicycle accident in Queens, NYC. The driver never stopped and Darwin was rushed to the hospital in critical condition. He died from his injuries 3 days later.  According to the police report, Darwin was riding his bicycle southbound on College Point Boulevard near 18th Avenue  when the driver of a Toyota Camry swerved into the ongoing traffic lane and crashed head-on into the bicyclist.  He then sped off leaving Darwin lying in the street with severe head trauma.

Witnesses of the accident were able to provide a detailed description of the car and of the driver, a male in his 20-30 as well as what the driver was wearing. The police found that the car was a rental from Enterprise that the driver left a block away from the accident scene before fleeing on foot.

It took 8 more months for the police to establish that the driver who killed Darwin was 27 year old Christian Soriano, a Corona resident. Soriano was arrested last week and was charged with driving without a license, leaving the scene of an accident and criminally negligent homicide.  (Read more in StreetBlog)

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dangerous intersection of Cypress and CooperReckless driving in New York City continues and another pedestrian died in a horrific car accident last Saturday night in Queens. A video posted on Twitter (see below) shows the pedestrian crossing in front of a white SUV who did not yield to him and knocked him down on the ground. Then the driver of a black SUV whose car was so tall that he probably did not see the pedestrian lying on the ground, rolled over him and dragged him under his car for a few feet.  The 57 year old pedestrian was still breathing when the EMS rescued him but he died shortly later at the hospital. The driver of the white SUV, a 40 year old man received a summons for failure to yield. The NYPD did not say if the driver of the black SUV was charged. Large SUVs and trucks are responsible for a large number of pedestrian injuries and deaths in New York City.

The accident occurred at the intersection of Cypress and Cooper which is close to Glendale, Queens as well as Ridgewood and Bushwick in Brooklyn. Both cars were making a left turn from Cooper Avenue onto Cypress while other cars coming from the other direction were also turning right onto Cypress. The video shows the white SUV cutting really short in front of another car making a right turn and then the black SUV driving over the pedestrian to avoid a collision with another car turning right as well.

The intersection is notoriously dangerous but except for new pavement last year, it was never redesigned. During the de Blasio administration, according to NYC Crash Mapper, 153 crashes occurred at this location resulting in 73 people injured. Among them were 56 motorists, 10 pedestrians and 7 cyclists.

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