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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Gregory EchevarriaA NYC hard hat who was installing a crane died after the counter weight he was setting fell on him.

34 year old Gregory Echevarria was part of a crew installing a crane at a luxury residential development located at 570 Broome Street in Soho early Saturday morning. A little bit after 3:00 am the crane counterweight that Echevarria was installing slipped and fatally struck him. The crew immediately called 911. When the EMS crew arrived they found him unresponsive with severe injuries all over his body. He was declared dead at the scene of the accident. Two other workers were also injured in the accident.  People who were in the area at the time of the accident reported a very loud sound as the 7.5 ton counterweight fell.

After the accident the crane was moved and a stop work order was issued by the Department of Buildings. The 570 Broom project is being built by  Agime Group. KSK Construction Group is managing the construction project. The DOB previously received several safety complaints for the site.

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Sydney MonfriesA student fell to her death in New York after trying to climb to the top of the Bell Tower at Fordham University.  22 year old Sydney Monfries was among a group of students who, at 3:00 am on Sunday morning decided to climb to the top of the Keating Hall and Bell Tower to take pictures and admire the view. As they were climbing up, Sydney fell through a hole in one of the stairway landings. She fell 30 to 40 feet and landed on the ground inside the tower. EMS found here there with multiple trauma to her head and body and had trouble getting a pulse. They were able to reanimate her and to rush her to the hospital. She was on life  support for a few hours and ultimately died from her injuries.

A senior at Fordham College, Sydney was supposed to graduate in May. An intern at InStyle magazine, Sydney was studying journalism and specialized in digital technology and emerging media. She was a native of Portland, Oregon.

Fordham President, Joseph McShane told the parents they would receive a bachelor degree in journalism posthumously at an appropriate time.

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311 E. 50th Street scaffolding accident locationA stone fell on the head of a NYC construction worker and killed him on Monday. 51 year old Nelson Salinas from Queens was on a scaffold, repairing the facade of  an Upper East Side residential building in Manhattan when the accident occurred.   A delivery man saw him dangling in midair with his head covered in blood and called 911. The worker was rushed to the hospital but he couldn’t be saved.

Nelson Salinas who was employed by Vlad Restoration, was performing minor facade repair on a suspended scaffold system. He was located at the 7th floor level of the 14-story building locates at 311 E. 50th Street near Second Ave when a coping stone that may have been knocked loose by the equipment used to secure the scaffolding to the facade fell on his head.  According to the Department of Buildings investigators the stone was a piece of the building’s parapet.  Read more about the accident in the NY Daily News

Preventing NYC Scaffold Accidents

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141street-and-AmsterdamA pedestrian was killed by a hit and run driver in New York on Friday. 26 year old Erica Imbasciani was fatally pinned against a parked car by a speeding hit and run driver on 141st Street and Amsterdam on Friday night. The driver was caught by the police and identified as 27 year old Tyrik Cooper.  The police alleged the driver was on drugs and he was slapped with numerous charges including driving without a license, leaving the scene of an accident and vehicular manslaughter.  The young female pedestrian suffered massive head and body trauma. She was rushed to the hospital but didn’t survive.

Community Board  opposed Vision Zero  street safety redesign

The accident occurred in an area that had been targeted by Vision Zero for a safety street redesign as early as March 2017 that had been opposed by the community board. On March 2017, the DOT presented a proposal to the Community Board 9 to eliminate one through lane in both directions and add an unprotected bike lane as well as other traffic calming measures such as left turn treatments and pedestrian islands on Amsterdam Avenue between 113rd Street and 162nd Street. The street redesign was proposed after statistics indicated that the area was particularly prone to speeding and reckless driving. Four pedestrians were killed and 28 of them were injured on this street segment between 2010 and 2014. An additional 8 people were  also injured in bicycle accidents during the same time and in the same area.

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A pedestrian was killed and six other were injured by a reckless driver on Canal Street in Chinatown, New York last week.  A surveillance video of the accident shows 70 year old Henry Herman of Monroe, NY, backing up for at least half a block and then crashing into pedestrians on the busy sidewalk near the intersection of Forsyth and Canal Street. People were in shock as was the driver. He came out of his car, checked on the people he hit and said “My god” according to a witness. It was raining at the time of the accident and it may have affected the driver’s vision. The police believe the driver was accelerating into a parking spot and he might have lost control and jumped the curve. He was arrested and charged with failure to yield to pedestrian and failure to exercise due care.

56 year old Chun Deng Zhang from Queens died in the accident. Two other people were critically injured. Four others suffered non-life threatening injuries.

See video surveillance in the NY Post

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Citi BikeThe bus driver who fatally struck a cyclist on West 26th Street, New York, was found guilty of  violating New York City’s Right of Way Law, failure to exercise due care and traffic violation, after a trial that lasted two days.

On a Monday morning in June 2017, Dan Hanegby was pedaling to work on West 26th Street. The street has no bike lane and cyclists share the road with motor vehicles. David Lewis who was driving a Coach USA bus arrived behind the biker, clearly saw him and barreled past him in a narrow area of the street instead of slowing down and waiting for a safer opportunity to pass the bike. The bicyclist was knocked down by the bus and died.

During the trial the attorney for the bus driver tried to blame the victim and claimed that Hanegby lost control of his bike. However a surveillance video from a nearby building clearly shows that the bicyclist drove on a straight line and that because vehicles were parked on both sides of the street, it was just too narrow for the bus driver to pass the bike. The video also shows that the bus driver doesn’t slow down at any moment. Not before and not after the accident, completely failing to exercise caution.

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Last Halloween, a terrorist driving a rental truck plowed into bicyclists and pedestrians on the Greenway bike path along the West Side Highway near Battery Park. In his act of terror, Sayfullo Saipov killed 8 people and injured 13 others after he entered the bike path  North of Chambers Street and drove 14 blocks down the path, striking bicyclists and pedestrians on his way.  The police were able to stop him after he slammed into a school bus at the Chambers Street intersection and tried to run away on foot.

According to the authorities, Saipov was inspired by the Islamic Sate group when he committed his act of terror. He is now behind bars and held without bail. He pleaded not guilty but the federal prosecutors announced on Friday that they are seeking the death penalty which is extremely rare in New York. The last time it occurred was in 1953 for Julius and Ethel Rosenberg.

Our firm represents most of the victims of the terror attack and while this decision by the  federal prosecutors will satisfy the families of the victims it will never make up for their losses.

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accident sceneA pedestrian died in a car accident in the Bronx, NYC, after being struck by a drunk driver. The accident occurred Friday morning around 9:30 am. 33 year old Shakira Price, a teacher at Schuylerville Preparatory High School in the Bronx was drunk behind the wheel when she first crashed into a Kia driven by a 72 year old driver on Pelham Parkway. She sped away from the accident scene and the Kia driver started to chase her. As she was trying to get away from him, she struck Raymon Bolan, a 57 year old pedestrian who was trying to cross Pelham Parkway at the intersection of Eastchester Road. The man was transported to the hospital with trauma all over his body. He didn’t survive the accident. Price was taken into custody and later charged with vehicular manslaughter, vehicular assault, driving while intoxicated, and driving while ability impaired. Read more in the New York Post

Another pedestrian was fatally hit by a car on the FDR Drive on Saturday morning around 5:00 am. The victim, 50 year old Heward Velez of Moonachie in New Jersey, was allegedly running away from an accident that occurred a few minutes earlier. Velez was driving his Honda Civic on the northbound side of the FDR when he hit a Jeep near the 96th Street exit. Both drivers pulled over and got out of their cars to exchange information. Then Velez tried to run across the FDR. He was fatally hit by a Cadillac SUV on one of the southbound lanes.

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fatal bike accident cpw 2A 23 year old Australian tourist was killed in a bicycle accident in New York on Friday afternoon. Madison Jane Lyden  and another tourist were riding their bicycles North on Central Park West. As they passed by the bus stop between 66th and 67th Street, the young woman was forced into traffic to avoid an Uber car pulling into the bike lane. According to witnesses she “bounced off” the garbage truck before landing under its wheels. She was rushed to the hospital where she died shortly later. Madison Jane Lyden was from Victoria Australia. She worked at a recreational center as a swim instructor, life guard and receptionist. She was visiting New York with friends.

One of  our employees happened to be visiting someone in the building located right across the street from the accident scene and took a picture from above that clearly shows the livery car pulling into the bike lane, on the left are the belongings of the victim on the ground. It also shows the Garbage Truck stopped at a significant distance from where it contacted the bicyclist. Skid marks , which would indicate the truck braked prior to contact are are not visible south of or next to the Uber in the photo.

DRUNK TRUCK DRIVER

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ocation of the cab bicycle accident in New YorkA cyclist who was hit by a cab in New York nine days ago has died from his injuries. On April 16th, 42-year-old Amaury Pena was riding his bike on East 39th Street by the exit of the Midtown tunnel. He was hit by a taxi heading North on Tunnel Exit. According to the NY Daily News the bicyclist was riding against the light when he was struck by the taxi driver around 8:20 am. The man was transported to the hospital with severe injuries. He suffered for 9 days before succumbing to his injuries on Wednesday. The taxi driver stayed at the scene of the accident and wasn’t charged.

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