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 Tagged with New York Wrongful Death

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A 29 year old man and a 27 year old woman died in two  separate motorcycle crashes early Saturday night in  New York City. The first motorcycle accident occurred in Brooklyn  around 1:15 AM. The driver of the motorcycle tried to  pass a van by squeezing between the parked cars and the van on Parkside Avenue near Park Circle.  He lost control of his motorcycle and  died in the hospital a few hours after the crash.

The second accident happened 40 minutes later in the Bronx. A 27 year old woman who was riding as a passenger on a bike driven by a 30 year old man was ejected from it after the driver lost control of the vehicle on Commerce Avenue near Newbold Avenue.  The woman died and the driver suffered a broken jaw. Having ridden motorcycles for over 50 years the lack of foresight never ceases to amaze me. We all know riding bikes carries a multitude of risks from other drivers. Why compound it by riding foolishly.

Read more in the New York Daily News

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A construction worker died after he fell down an elevator shaft in New York. The accident happened yesterday at the beginning of the afternoon at the construction site of a future hotel located at 577 9th Avenue near 41st Street in Hell’s Kitchen, Manhattan.

According to DNA Info the construction worker  was not wearing a harness at the time of the accident. He was working on the fourth floor near the elevator shaft which, at the time, was just a hole that extended all the way to the ground. He fell in and landed on his back. The man who was 30 years old was transported to the hospital in critical condition. He later died.

A few months ago the general contractor for the construction site, BRF Construction Corp, was fined for failing to secure the site after a construction worker was spotted on a 15 to 20 foot wall without a harness. BRF employed non union workers.

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86 cases of Legionnaire’s disease have been confirmed in the South Bronx during the last three weeks. This is the largest and deadliest outbreak of Legionnaires’disease in New York City. The disease which is a severe form of pneumonia is spread through a bacteria that grows in the water. This bacteria has been plaguing New York City cooling towers  for years and there are between 200 and 300 cases reported every year in New York City. New York City residents contract the disease when they inhale the mist of cooling water contaminated with the bacteria. According to the CDC, the number of Legionnaire’s disease cases in NYC increased by 230% between 2002 and 2009. The city’s rate of Legionnaire’s disease is twice the National average. The outbreaks have been happening all around the city for decades especially in poor neighborhoods but so far the city has been neglecting the deadly problem and has no regulations in regards to cooling tower safety.

It took seven people’s deaths in the last three weeks for the City to finally take action and propose legislation to identify, regulate and inspect all  New York City buildings using a cooling tower.  Mayor de Blasio held a press conference yesterday at Lincoln Hospital in the South Bronx. He provided an update on the recent outbreak of the disease and said the new laws will be introduced to the City Council this week.

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Last April, 22 year old Carlos Moncayo died in a construction accident in New York because two construction managers put profit over safety.  According to the NY Daily News, on April 6th, Christian Ofusu, an independent engineer assigned to oversee the work on a Ninth Ave site in the Meatpacking district warned Alfonso Prestia, the construction site superintendent, that the site was too dangerous and that it should be shut down. Prestia ignored the engineer’s warning so Ofusu went to voice his concerns to foreman Wilmer Cueva who also refused to stop the work. Moments later, as Ofusu was trying to convince the project manager, Mohamad Sharif to shut down the site, a wall collapsed and crushed Carlos Moncaya to death. Cuevas who works for Sky Materials Corp and Prestia who works for Hartco Consultants Corp have both been indicted on charges of criminally negligent homicide, manslaughter and reckless endangerment.

Yesterday another wall collapsed on a construction site in Nolita, downtown Manhattan, injuring two construction workers (see NY Daily News) and the day before a construction worker was seriously injured after falling two-stories at a construction site in Hudson Yards on the west side of Manhattan (see previous blog).

 

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A man died after he jumped out of a building on fire yesterday in East Harlem, New York.  The fire started Sunday morning around 5:50 am at 245 E. 124th St. near Second Ave (see picture). In an attempt to flee the blaze, the 58 year old man who was living on the seventh floor jumped out of his window.  He was found outside the building in critical condition and was transported to the hospital where he died from his injuries. Four other people, including a firefighter suffered personal injury and were also transported to the hospital. It took firefighters an hour to stop the fire.  Read more in the NY Daily News

245 East 124th Street

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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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5 pedestrians died and 696 suffered personal injury in April in New York City compared to respectively 8 and 854 in April 2014 and 12 and 904 in April 2013.  Pedestrian fatalities have been declining since the beginning of this year and reached their lowest in April. The total number of pedestrian fatalities since the beginning of the year was 28 compared to 39 for the same period of 2014 and 55 for the same period of 2013.  Since the beginning of the year there was also a decrease in the number of pedestrians who suffered personal injury in a traffic accident in NYC.Pedestrian deaths and injuries NYC April 2015

2 people died and 300 were injured in a total of 300 bicycle accidents in New York City in April compared to respectively 1, 306 and 382 in April 2014 and 0, 288 and 358 in April 2013.  The number of cyclists fatalities and injuries remains elevated in the City.

Bicycle accidents injuries deaths NYC April 2015
Even though there was an unusually high number of 10 motorist deaths last April the total number of traffic fatalities in New York City since the beginning of the year is down compared to the same periods of 2014 and 2013.

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i - bus driverIn New York every year several pedestrians and cyclists die and many others suffer personal injury after being struck by an MTA Bus. In many of these accidents investigation shows that drivers were negligent and failed to yield or failed to exercise due care.  Since the beginning of the year a few bus drivers were arrested after a new Vision Zero Law made it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way.  TWU Local 100, the bus drivers Union is against this new law and would like bus drivers to be exempted from it.  This morning TWU local 100 launched a work slow down on 181st Street in Washington Heights between 7:00 am and 9:00 am to protest the law.

The flyers handed out to bus drivers by the Union (see picture) said “DO NOT TURN UNLESS THE INTERSECTION IS CLEAR!”. Isn’t that what bus drivers are supposed to do to keep NYC streets safe?

Read more in the New York Post and on Streetblog

 

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Christian GinelliChristian Genesi, a 25 year old construction worker, fell 24 stories to his death at the beginning of May  as he was riding a temporary hoist to get to the top of a hotel that was being built on 8th Ave.  The city building inspectors who have been investigating the case found out that the hoist temporarily lost power that day and that the electrical system that powered it was installed without a permit. The elevator relied on “unapproved, unsafe, unsuitable electrical equipment” that shouldn’t have been in use, documents show.New York Wrongful Death Lawyer Howard Hershenhorn

Howard Hershenhorn was quoted in the NY Daily News stating “It’s obvious that this is an enormous tragedy, which could have absolutely been prevented had basic safety measures been put in place,” he also added Ginesi wouldn’t have died “had there been safety netting, had there been safety harness and had there been a working electrical system.” “There’s blatant violations of multiple laws in the State of New York, which caused this senseless death,” he also said.

Read the complete article here

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East_Harlem_apartment_explosion_aerial_viewCon Ed says the city’s negligence caused the gas explosion that destroyed two buildings last year in Harlem. In a law suit filed yesterday, Con Ed indicates that,  over the years, the NYC Department of Transportation received multiple complaints of huge depressions in the street pavement on Park Avenue near 116th street where the two buildings exploded.”As a result of these defects in the city’s infrastructure in the vicinity of the incident, the gas facilities were exposed to and affected by leaking water, rocks, debris, sand, soil, roadway pavement and other foreign objects,” the filing says.

Read  more in the NY Daily News  

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