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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2 construction workers died after a trench collapsed in Long Island, NY. The two men were installing a septic tank for a private home located on Wolver Hollow Road in Brookville. They were 30 feet down at the bottom of the excavated area when one of the walls collapsed. Dirt and sand quickly covered the two men. First responders rushed to the rescue. They were able to recover one of the worker who was pronounced dead at the scene of the accident. As they were digging with their hands and shovels to search for the second worker, another wall started to give way. Rescuers had to promptly exit and the wall had to be secured until the search for the other man could continue.  His body was finally recovered.  The workers whose identity has not been released were 45 and 57 year old. Read more on the ABC website .

https://www.newyorkpersonalinjuryattorneysblog.com/files/2020/01/1200px-Excavation_for_installation_of_light_towers_at_the_under_construction_Mid-Day_Storage_Yard_in_Queens._CQ033_9-8-2017_37101223191.jpgExcavation is one of the most dangerous activities in the construction industry. In 2018, OSHA launched a National Emphasis Program on Trenching and Excavation in order to reduce the number of injuries and deaths related to this activity. This emphasis program was launched after a recent surge of fatalities and serious injuries related to trenching and excavating. In the fourth quarter of 2019, a contractor who failed to adequately protect his employees during excavation work was slapped with a $161,771 OSHA fine. This fine was among the top 5 highest OSHA fines for the last quarter of 2019. Thankfully nobody was injured but OSHA inspectors found out that the contractor was violating several safety requirements related to excavating work such as not having a competent person conducting regular inspections of the excavation or letting workers continue to work  in an excavation that he knew was unsafe.

In 2017, an unlicensed New York contractor was criminally charged with manslaughter after a wall collapsed on his construction site killing 18 year old Fernando Vanegaz and injuring two of his colleagues (see previous blog)

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was-it-worth-itLast year 28 cyclists died in traffic accidents in New York City and more than half of them were killed by trucks  and SUVs. Most of the time the driver was a man.

Last Friday, the DOT announced that it invested 4 million in a new campaign targeting men driving trucks and SUVs. The “Was it Worth it?” campaign depicts images of pedestrian and bicycle accidents with a male driver in shock and the message “Was it worth it?” in various languages. Additional audio campaigns will also be run in English, Spanish, and Haitian Creole on several local radio stations during commuting time.

Since Mayor de Blasio launched Vision Zero in 2014, traffic fatalities decreased over the years except for last year. 203 people died in car accidents in 2019. More than half of them were pedestrians. On average over the last few years, men were found to be responsible for 75% of the fatalities with 41% of them driving a truck or a SUV.

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mayo-logoNew York Medical Malpractice Lawyer Ben Rubinowitz

Next week our managing Partner Ben Rubinowitz will be speaking at the prestigious  Mayo Clinic annual Review on Medical Malpractice.

The physicians at the MAYO clinic have asked Ben Rubinowitz, a plaintiff’s lawyer,  to speak on healthcare and medical issues that have resulted in medical malpractice claims in which patients were injured.   This year Mr. Rubinowitz will not only lecture but will conduct demonstrative cross examinations of physicians, basing his examinations on real cases, in which patients have suffered injury due negligent treatment of prostate cancer, kidney stones, ureteral injury and inappropriate surgical technique. Mr. Rubinowitz has been regarded as an expert in the field of Medical Malpractice for more than 25 years and has lectured throughout the country on these issues. “I am honored to have been asked to speak by the physicians at the MAYO clinic.  This is an institution often regarded as the top institution in the country”  said Ben Rubinowitz.
Indeed, the Mayo Clinic was recently ranked as the Country’s Number 1 Hospital overall and top ranked in 12 specialties by US News and World Report.
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helpA new searchable database including US Catholic Clergy members that have been credibly accused of sexual misconduct or assault on children is now available for anyone to search. The database created by ProPublica can be accessed here.

The catholic leaders said they would be transparent about their clergy members who were credibly accused of sexual abuse but they haven’t so far. While lists of abusers have been released many of them are still incomplete.

Investigators at ProPublica spent months collecting data from the various lists of predators released by the various dioceses of the Catholic Church to create the most extensive database of clergy members that have been  deemed credibly accused of child abuse in America. The list contains the name and detailed information of 6,754 clergy members who abused children in 178 different dioceses across the US covering a population of 64.7 million Catholics.

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A 91 year old pedestrian died in a car accident in New York last Saturday morning. The elderly man was crossing Canal Street at the intersection of Elizabeth Street around 6:30 am when he was struck by a car belonging to the NYC Sanitation Department.

The man was rushed to the hospital in critical condition with trauma all over his body. He later on died from his injuries.

The 61 year old sanitation worker who was driving the car stayed at the scene of the accident and was not charged.

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New York Train Accident Lawyer Richard SteigmanOur partner Richard Steigman will be chairing the New York State Trial Lawyers Institute 2020 CPLR Update Seminar next month in New York. Honorable Ariel E. Belen (Ret.), FCIArb, JAMS Mediator & Arbitrator, Justice, Appellate Division, Second Department will also be part of the faculty.

“One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This year in particular, there are substantial changes that every lawyer in this field needs to know. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.”

The seminar will take place on Wednesday February 12th from 6:00 pm to 9:00 pm at the NYSTLA office located at 132 Nassau Street, 2nd floor in New York, NY. Click here for more info or to register

 

 

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aerial-view-of-the-Grand-Central-Parkway-and-Cross-Island-Parkway-exit3 people died and one person was seriously injured in a wrong-way car accident in Queens, NYC. The accident took place on Saturday morning around 5:40 am. 27 year old Divante New was driving the car of 36 year old Sayquan Hallums who was in the passenger seat. They were driving the wrong way on the Grand Central Parkway near the Cross Island Parkway exit in Queens when they crashed into another car. 26 year old Megan Ann Smith who was in the passenger seat was killed. Her boyfriend who was driving the car was critically injured. The police didn’t release his identity. Megan Ann Smith graduated in 2011 from St. John’s Preparatory School in Astoria, Queens. She was an an honor student and a member of the softball team. Her family declined to talk to the media.

Foggy windshield might have play a role in the deadly accident

According to the brother of Sayquan, the Honda car driven by Divante had an old defective windshield that would fog up easily. He said that when the heat was up inside the car the old windshield would fog up so badly that only Sayquan was able to drive the car.

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location-of-the-accidentThankfully nobody was injured in a train accident during which a Port Jervis Metro North train sliced through a tractor trailer stuck on the railroad tracks in Sloatsburg, NY, on Tuesday night.

The accident occurred around 6:15 pm. An overweight tractor trailer truck transporting a cargo of  HP laser printers and illegally driving on a roadway got stuck on the railroad tracks at the grade crossing of Washington Avenue in Sloatsburg. Two witnesses in their car saw the truck driver in trouble and stopped to help him. They tried to convince him to get out of the truck cabin but the driver stayed in the cabin. One of them told the media that the driver seemed frozen. As they were talking to the truck driver the gates started to move down. One of the witness explained that he decided not to force the driver out as the cabin of the truck was not on the tracks and he thought he would be safe where he was.

The train was coming out of a curve after stopping at the Sloatsburg station. The train operator didn’t see the truck from far enough to brake on time and the train just sliced through the trailer. One of the witnesses captured the accident on camera. (see Youtube video below)

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doctors-wearing-gown-inside-room-operationHospitals all over the US are cancelling elective and non emergency surgeries as they are facing a shortage of surgical gowns after one of the main providers in the country, Cardinal Health, announced  a voluntary recall of 9.1 million defective surgical gowns.

The sterility of the gowns might have been compromised

The recall includes “AAMI Level 3 surgical gowns that have been produced in unapproved locations that did not maintain proper environmental conditions as required by law, were not registered with the U.S. Food and Drug Administration (FDA) and were not qualified by Cardinal Health”. The sterility of these gowns might have been compromised. Level 3 surgical gowns are commonly used in emergency rooms, in trauma cases, when inserting IVs or during arterial blood drawn. They protect hospital workers and patients from infections and illnesses.

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A NYPD cop in plainclothes was injured in a hit and run car accident in New York on Monday.

The accident occurred around 7:45 pm. Two undercover officers in a disguised Uber car stopped the driver of a Mercedes who ran a red light on East Houston Street.   The two officers were outside of their car talking to the driver of the Mercedes when a speeding black minivan driver lost control of his vehicle and rear-ended the fake Uber car belonging to the Police. One of the officers got pinned between the Mercedes and his car and the other one fell on the ground but wasn’t hurt. The driver of the Mercedes wasn’t hurt either. He was also out of his car but had time to to jump on the side to avoid  being stuck between the two vehicles. The driver of the minivan pulled away and took off. He was arrested 3 blocks away from the accident and taken into custody. The officer who was injured suffered a fractured leg and was taken to the hospital.

 

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