May 30, 2008

Crane Collapse on 91st Street and 1st Ave Kills At Least Two People

A crane that was working on a high rise under construction at 333 E. 91st St., collapsed this morning, killing at least 2 people, one of them a construction worker. The collapse of this enormous crane came only 2 ½ months after another crane collapse accident that killed seven people about two miles south of this location.

The building under construction was the Azure, a high-rise complex at 333 East 91st Street. A stop work order issued for the site earlier this month was fully rescinded yesterday morning, records show. Since construction had been sped up in November, the site has been the subject of 23 complaints to the Department of Buildings, records show.

Mayor Bloomberg commented on the situation, explaining that safety, not speed, was the most important issue in construction citywide.

“I don’t need any developer or union leader or anybody else telling me about the consequences of slowing things down,” Bloomberg said. “Nobody wants the economy to grow more than me, but we’re not going to kill people.”

We offer our condolences to the families of those affected by this tragedy. As more time passes and investigations are completed by the city it will become more clear as to the exact cause of this horrible construction accident. One thing is for certain, something must be done about the rash of construction related injuries in our city.

Our New York construction accident lawyers only represent individuals who are injured by negligence; injured in workplace accidents or by faulty products, equipment or machinery; or through the negligent maintenance of property. The firm has achieved great success in these specialties which are all bound together by a common thread: an individual has suffered serious physical or emotional injury.

If you or a loved one has been injured in a construction accident contact the New York Construction Accident Attorneys at Wingate, Russotti & Shapiro.

May 27, 2008

Construction Worker Dies After Nylon Safety Strap Fails

According to the New York Times, Kevin Kelly, 25, of Bayside, Queens, died after falling several stories when a safety strap intended to connect him to the building on which he was working failed. Kelly was installing windows at a condominium tower that was under construction when he fell from the 23rd floor to a 14th floor balcony at about 10:30 A.M., on April 14th.

Patricia J. Lancaster, the city’s commissioner of buildings, said that Mr. Kelly’s construction fall accident remained under investigation. A full safety inspection is under way by building and forensic engineers, and a full stop work order is in force. Ms. Lancaster reported that, “a failure of the safety strap connecting the worker to the concrete ceiling played a role.” Late Monday, the Buildings Department said the entire strap had pulled out of its steel and concrete mooring, and remained attached to his harness when he fell.

According to Ms. Lancaster the Buildings Department will investigate, “the method the crews used to install safety straps throughout the building”. During a visit to the site, Ms. Lancaster further commented, “We will be holding the individuals responsible for this terrible tragedy accountable,”-“Construction companies, owners, architects and engineers have to obey the law.”

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May 25, 2008

Foam Manufacturers Pay $30 Million To Settle Product Liability Lawsuits

Several foam manufactures have agreed to settle for $30 million with families of victims of a 2003 Rhode Island nightclub fire that killed 100 people and injured 200, an article in Newsday reported. Egg-crate-style foam on the walls and ceiling of the club has been blamed for fueling the fire, which was sparked by a fireworks display for a rock band at the club.

The lawsuits allege that the defective product that was sold did not have any flame retardant chemicals and produced “unreasonably dangerous toxic smoke and gases” when ignited. The lawsuits also said that the foam was sold even after the manufacturers knew that polyurethane foam was known in the industry as being flammable and not safe in places such as hotels and nightclubs. Plaintiffs’ attorneys also alleged that the foam companies did not test their foam before selling it and did not create awareness among users or warn them adequately about the hazardous material.

The settlements now total to more than $100 million. The most recent settlements must be approved by hundreds of victims who have sued the foam companies for the defective products as well as a federal judge who is overseeing the case. A law professor from Duke University has also been appointed to meet with survivors and victims’ families to determine how much compensation each would receive under the settlements. Those amounts will depend on the extent of the burn injuries and loss suffered by each of the victims and their families.

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May 20, 2008

9-year-old Brooklyn Boy Suffers Severe Brain Injuries In Hit-and-Run Accident

A 9-year-old Brooklyn boy suffered critical auto accident injuries after he was struck by a teenage hit-and-run driver, who reportedly turned himself in to authorities later, according to a news report in The New York Times. Akeem Suluki suffered brain injuries and lung injuries and was transported to Kings County Hospital Center, the Times reported. Akeem was reportedly walking home from school and was walking along Macon Street close to his home when the tragic accident occurred.

After hitting the boy, 16-year-old Shyquan Burns drove away, but later turned himself in to police, the article said. The teenager was arrested and charged with driving without a license and with leaving the scene of an accident. The teenager in this case did the right thing by surrendering to authorities although he initially panicked and fled the scene of the new york auto accident.

It is indeed a horrible tragedy for the family of the young boy who has suffered traumatic brain injuries as a result of this auto accident. The teenager obviously did not have the training to drive. He had no license and could not control the vehicle. It would be interesting to find out if he was allowed by his parents or guardians to drive or whether he took a vehicle without the permission or knowledge of his parents or guardians. That will determine to a great degree as to who will be held responsible for Akeem’s severe injuries.

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May 17, 2008

Auto Accident on State Supreme Court Steps Injures Six

Six people were injured, including the driver of a Nissan Altima that jumped a curb-hitting a fire hydrant and a coffee cart- then pinning a man against a railing on the steps of the New York State Supreme Court-popularly known as the courthouse in the opening scenes of Law & Order. Rescue workers were required to cut through the railing where the 32 year-old injured man was pinned. Among the six injured, some unnamed by police, was the driver of the Nissan; his passenger; a coffee vendor and the man pinned under the railing. Two pedestrians were also injured in the auto accident on the steps of the New York State Supreme Court, according to the New York Times story.

According to one witness, 45 year-old Shawn Dunn, a Sanitation Department worker, on his way to a substation said that the driver was coming ‘pretty quick’ and the scene was very ‘chaotic’.

Lorenzo Bello, of Queens, the 33 year-old driver of the Nissan, was arrested and charged with reckless endangerment and driving with a suspended license and then taken to a hospital where he was listed in stable condition after the New York car accident.

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May 15, 2008

Actor Who Suffered Severe Fall Injuries On Stage Wants To Sue Production Company

A Broadway actor, who suffered severe injuries as the result of a slip and fall that occurred after he fell onstage during a production of “The Little Mermaid,” has asked for a court order to preserve a stage prop in connection with a lawsuit he is planning to file. According to an Associated Press news report , 51-year-old Adrian Bailey filed the petition in Manhattan’s state Supreme Court to preserve the stage prop, a boat, so attorneys and consultants may examine it.

The actor reportedly fell through an open trap door at the bottom of the boat and fell down to the stage at the Lunt-Fontanne Theater. He reportedly plummeted 30 to 40 feet and suffered severe injuries and fractures to his wrists, back, sternum, ribs, foot and pelvis. He has already undergone four surgeries and his new york premises liability attorneys say he came pretty close to breaking every bone in his body.

If and when a lawsuit is filed, Disney Theatrical Productions, the musical’s producer, will be one of the defendants. Theater company officials say they are looking into what went wrong with the prop and declined to comment to the Associated Press.

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May 10, 2008

Harlem Auto Accident Kills 1 and Injures 7

One person died and seven people suffered injuries in a Harlem auto accident after an out-of-control Chevy Astro van jumped a curb and rammed into people on a sidewalk. The van’s driver, who has not been identified, died in this auto accident, six people suffered serious injuries and one 3-year-old who was pinned under the vehicle suffered critical injuries, according to a news report on WCBS-TV.

The Astro van reportedly took a sharp turn into a sidewalk on the busy corner of East 125th Street. Eyewitnesses told reporters that the driver appeared to have passed out in the vehicle. Officials are looking at whether a medical condition may have caused the driver to lose control of the vehicle. There is no indication whether alcohol or drugs may have played a part in this fatal New York auto accident. Officials also told the New York Times that no other vehicles forced the van on to the curb.

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May 7, 2008

Task Force Makes Recommendations To Curb Teenage Driving Accidents

A story in The New York Times illustrates that no one is sheltered from the tragedies and near tragedies of life. New Jersey’s Governor, Jon S. Corzine, shared with his safety task force, and at a news conference, how his family has been personally touched by teenage New York traffic accidents, indicating that all three of his children, at one point or another, had been a traffic statistic - one having been seriously injured. Governor Corzine commented, “The numbers are real, and they were in my household.”

In fact, while discussing new and more comprehensive legislation regarding teenaged drivers, Governor Corzine embraced his task forces’ recommendations to improve safety for teenage drivers in New Jersey. Governor Corzine remarked, “This is one of the good moments when it’s great to be involved with government.”

The task force, in its 54 page report to the Governor, made several recommendations, including the possibility of creating a brightly colored decal to be placed on the cars of teenage drivers that would not only help enforcement of the traffic laws by the police, but would also alert other drivers to exercise more caution in the presence of these new drivers. This suggestion will require not only new legislation but an investigation into the costs, details and safeguards of such a program.

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May 5, 2008

Three Dead In New York Tractor Trailer Accident

Three people died in a Long Island tractor trailer accident after their Ford Escort rammed into the back of a big rig parked on a residential street, The New York Times reports. According to the news report, the truck driver was asleep inside the stationary vehicle when the 1995 Ford Escort hit the tractor trailer and ended up almost entirely underneath the truck.

The three people who suffered fatal injuries in the crash were the driver, Araceli Carpenter, 19, of East Patchogue; and passengers Stephen Nowakowski, 25, of Ronkonkoma and Meagan Ferraro, 17, of Islip. Officials reportedly issued 15 citations to the truck driver, 29-year-old Charles Howard of North Carolina, but said that he was parked legally on the residential street and that the driver of the Escort was not speeding. Neighbors however told the newspaper that other truck drivers often park illegally on their street causing danger to other passenger vehicles.

This is a tragic yet typical case of a tractor trailer underride accident where a passenger vehicle, usually the front of the passenger vehicle, enters below the base of the trailer of a large truck. This type of “underride” happens most often with smaller passenger cars and less with sport utility vehicles or pick-up trucks. These types of New York truck accidents often result in catastrophic or fatal injuries.

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May 1, 2008

Near Railroad Accident Occurs When Train Doors Malfunction

After yet another malfunction on the New Jersey Transit system where a door opened while the train was moving and passengers were inches away from falling to the tracks below, a rail industry consultant wondered out loud whether New Jersey Transit might be cutting corners on safety and maintenance in its attempt to keep up with record demand.

Several passengers were frightened when the doors opened while the train was moving along the tracks, and Lauren Papapietra, a 21 year-old senior at Monmouth University who works at a public relations firm in Manhattan described the near train accident, “I was scared to death. I kind of trust New Jersey Transit to get me back and forth, and I really hope this doesn’t happen again.” While riders are routinely advised not to stand between cars they sometimes feel the need to do so during rush hour where there is standing room only.

Patrick Reilly, chairman of the United Transportation Union, local 60, which represents the New Jersey Transit’s conductors indicated that the railroad is more interested in keeping ‘on time’ schedules, not safety, and that cars needing maintenance are being put into service instead of staying in the yard and being fixed.

The Federal Railroad Administration does not request information from commuter railroads on reports of doors opening while the train is in motion. Further, the American Public Transportation Association, an industry group who keeps statistics of railroad accident incidents also does not request reports of doors opening.

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