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 wrongful death NY

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location of the fatal tractor trailer truck accidentA mother and her two children lost their lives and several other family members suffered personal injury in a truck accident in Upstate NY.

The accident occurred last night around 8:30 pm on the New York State Thruway near Exit 19 for Ulster. A family from Pelham Bay in the Bronx, NYC, was returning home from a trip Upstate in two separate cars: a Honda and a Kia minivan. Both cars were stopped in traffic when a truck rear ended the Honda and swiped the rear end of the Kia. Zulika Salim, a 47 year old mother was sitting on the back seat of the Honda with her two children, 19 year old Justin Gayapersad and 14 year old Chelsea Gayapersad. They all died in the crash. The driver of the Honda, 24 year old Neta Singh and the front seat passenger, 18 year old Singh suffered minor injuries and were transported to a local hospital hospital.  3 other family members who were travelling in the Kia minivan that the truck sideswiped also suffered personal injury. One of them, a 48 year old passenger identified as Ramnarine Singh, was seriously injured and had to be airlifted to a medical center in Albany. Two other passengers, 27 year old Sangeeta Singh and 45 year old Saleema Salim suffered minor injuries and were transported to a local hospital. The driver of the Kia Van, 26 year old Maheshwarnauth Karan declined medical treatment at the scene of the accident.

The truck driver was identified as 61 year old Luc Leblanc from Quebec. According to the police, the truck driver was driving in the right lane when he encountered traffic stopped in front of him. He tried to avoid a collision but the distance between the truck and the stopped cars was too short for the truck to stop and he rear-ended the Honda. He was not injured in the accident and so far he has not been charged by the police.

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Reckless driving caused two people to die in separate car accidents in the New York area at the end of last week.

In the first accident, 39 year old Lisettte Quintanilla was driving home with her 8-year-old son when they were rear ended by a speeding drunk driver identified as 26-year-old Nicole Pollock. The accident occurred a little bit after midnight on Sunday morning. Quintanilla was driving on the Meadowbrook State Parkway. She was in the northbound lane just after exit M7 when Pollock rear ended her, causing the car to leave the road and crash into a tree. Quintanilla was rushed to the hospital where she died. Her 8-year-old son suffered a broken arm.

Pollok first tried to walk  away from the scene of the accident when the police was attending to the victims. She then resisted arrest, fought with the police and tried to slip out of her handcuffs. She was charged with vehicular manslaughter, DWI and assault. When she appeared in front of the judge yesterday she pleaded not guilty to the charges. The judge deemed her a flight risk and ordered her held in jail instead of a $200,000 bond.

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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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E-Cigarette-16 people have now died in the US and 450 others, including 64 of them in New York, have suffered lung injuries connected to vaping. In order to prevent more deaths and injuries related to vaping in New York State, Governor Cuomo just announced that he is planning to issue an emergency regulation to ban all vape flavors beside tobacco and menthol.  By banning fruity and sweet flavors such as bubble gum,  cotton candy or captain crunch that are usually appealing to teenage customers, the governor hopes that he can fight addiction to nicotine at an early age.  Tobacco and menthol flavors will be allowed as some studies have indicated that vaping might help smokers to quit cigarettes. The American Lung Association released a statement criticizing Cuomo’s decision to keep tobacco and menthol flavors saying that it will just make more people addicted to menthol flavor.  The governor said a ban of menthol might be considered in the future.

Investigation by the NY Department of Health

In addition to the ban, the NY Department of health will also investigate the 64 cases of lung injuries that occurred in New York State.  So far it has been difficult to identify exactly what caused some vape users to check in to the emergency room however according to the NY Department of Health many cases were linked to cannabis products which contained a high level of vitamin E acetate. Vitamin E acetate acts as a thickening agent for vaping products. As a result of this preliminary investigation, Cuomo also directed the Department of Health to subpoena companies that are manufacturing and selling what is called “thickening agents” which are often added to black market products.

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Location of the fatal accident caused by drunk driver Upstate NY3 people died and 6 were injured in a car accident in Upstate New York on Sunday morning. The victims were all members of the same family and were on their way to Niagara Falls. They were all riding in a Kia Sedona minivan when they were T-boned by a drunk driver who blew a stop sign in Sheldon, a small town in Upstate New York.

Among those who died were 4 year old Kiara Hernandez, her mother, 32 year old Mayelin Broti-Castro and her grandmother, 47 year old Ondina Castro de la Cruz. 6 other family members all from Perth Amboy, NJ, were also injured in the crash and taken to the hospital. The driver was identified as 20 year old Richard Sawicki. He was also injured in the accident, transported to the hospital and later on taken into custody where he is being held in lieu of $200,000 bond. He is facing vehicular homicide, DWI and reckless driving charges. He is due in Court on June 10.

Drunk Driver blew the stop sign

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harness safety equipment on scaffoldOn April 28th, Workers Memorial Day commemorated those who have suffered and died on the job. The NY construction industry accounts for a large share of the deaths and injuries suffered by workers. While fatal construction accidents have declined by 23% in New York City over the last 5 years they increased by 39% in New York State. The main reason behind this discrepancy is the difference in regulations. While stronger regulations and an increase of enforcement and control could help reduce the construction safety crisis in New York State, businesses are heavily lobbying against them.

In New York City things are not perfect either ( 3 construction workers died over a one week period last month) but long term statistics indicate that new and old policies are helping in making construction sites safer for workers. In 2019 the funding for the New York City Department of Buildings increased to 189 million compared to 107 million in 2015. The Department was able to hire 700 more employees and increase the number of work-site inspections.  The recent implementation of Local Law 196 that requires all construction workers to have a minimum amount of safety training before being able to work on a construction site in New York City will also be helpful in preventing dangerous injury and deaths.

Scaffold Safety Law

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LIRR train Accident NY3 people died and 7 were injured after a vehicle collided with two trains travelling in opposite directionsa in Long Island, NY.

The train accident occurred Tuesday night during rush hour at a railroad crossing near the Long Island Rail Road Westbury Station in Nassau County, NY. As the gates were down and the lights were flashing, the driver of the vehicle involved in the accident was witnessed driving around the gates to cross the railroad tracks. As he was in the middle of the railroad crossing, the vehicle was struck by a train that had just left the Westbury station and was heading East. The vehicle was then hit a second time by another train arriving at full speed in the opposite direction. The impact caused the two first cars of the westbound train to derail while the last car of the eastbound train struck a platform and partially destroyed it. The 3 occupants of the vehicle all died in the accident. So far the vehicle was so mangled that it was difficult to identify who were the victims and what type of vehicle it was. After further investigation the police found that the victims were 3 workers of a grocery store located a block away from the crossing: dairy manager Jesus Hernandez, and meat department workers Saul Martinez and Miguel Luna. According to a witness the men travelling in a maroon SUV might have been involved in a fender bender moments earlier and were trying to  flee the scene of the accident.

7 other people who were travelling on the westbound train were also injured. They were transported to the hospital to be treated for non fatal injuries. Around 1000 people had to be evacuated from both trains and heavy delays were expected as crews had to work on two train derailments and assess damages to the tracks and to the platform.

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Location of the deadly limo accident3 months after 20 people were killed in a limousine accident in Schoaries, NY (see previous blog), the National Transportation Safety Board has still not been able to inspect the vehicle. The NTSB has not been able to get closer than 15 feet from the vehicle because the local district attorney is blocking them from doing so. The accident was the deadliest of all traffic accidents in the US since 2009.  The vehicle was a modified 2001 Ford excursion that had failed a state inspection and was driven by a driver that didn’t have the credentials to drive such vehicle.

In certain area such as aviation or train transportation, the NTSB has the legal authority to control the investigation but in highway crashes, local authorities are in charge and in this case the local district attorney has been keeping the federal agency from completing their investigation.

Loss of critical evidence

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hit and run location
3 pedestrians died in car accidents in New York this week-end.

Staten Island Pedestrian killed in Brooklyn

65 year old Losif Morgenshteyn was fatally struck by a hit and run driver as he was changing a flat tire on the driver side of his car. The accident occurred on Saturday night around 6:30 pm. on Shore Parkway near East 28th Street in Sheepshead Bay. According to CBS News, the man was hit by a white Toyota minivan with Pennsylvania plates. 3 people came out of the van and checked on the condition of the pedestrian before speeding away. The van was found empty about a mile away and the police are still looking for the driver. When the EMS arrived they gave the man CPR and then rushed him to the hospital. Unfortunately he couldn’t be saved and he was pronounced dead upon his arrival.

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Location of the deadly limo accident
After 20 people died in a limousine accident in Schoharies, NY, the first result of the investigation indicate that the limousine wasn’t supposed to be on the road because it had failed inspection and that the driver who blew the stop sign didn’t have the proper license to drive a stretch limo. Additionally he was also recently busted twice on drug charges.  The limousine belonged to Prestige Limousine, a shoddy company operating  out of a low budget hotel that has a history of failed inspections. Its shady owner, Shaheb Hussain,  became a federal informant after he was caught in a scheme to illegally obtain driver’s licenses in the Albany area. Yesterday, officials suspended Prestige Limousine operations and seized 3 vehicles.

Worried limo occupants sent texts of concern to relatives before the accident

The limousine was transporting 17 friends –  four sisters, two brothers and several young couples – on their way to a birthday party. They were supposed to be picked up by a party bus to go to a brewery in Cooperstown  but they were informed that the  bus broke down on its way to pick them up. Instead they were picked up by the shoddy stretch limousine.  Some of the people on  board texted relatives that they were worried about the vehicle conditions.

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