Wingate, Russotti, Shapiro, Moses & Halperin, LLP’s 2015 Update Newsletter is Now Available!
When Wingate, Russotti, Shapiro, Moses & Halperin, LLP first opened up shop 25 years ago, we aimed to give every one of our clients the very best legal representation we could provide. Not to brag, but in 2015, we did just that. Well, maybe we should brag a little. Why? Because the 2015 issue of Update, our annual newsletter, is filled with firm news and settlement announcements we’re pretty proud of.
Brooklyn Contractor Cited for Fatal Fall
A Brooklyn contracting company has been cited in connection with a construction site accident where a 51-year-old laborer was killed after falling while pouring concrete.
According to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), the laborer was killed while working at a construction site on Neptune Avenue in Brighton Beach back in April 2015. Officials say he fell while raking freshly poured concrete from the sixth floor.
OSHA has determined that his tragic death could have been prevented had proper safety precautions been taken. Investigators believe that the victim and his co-workers were not provided fall protection equipment such as harnesses or lifelines. Furthermore, their employer had not trained them on how to reduce fall hazards. OSHA ultimately decided to cite J&M Metro General Contracting for one willful violation for the lack of fall protection and five serious violations for other hazards.
Woman Killed in New York Hit-and-Run Crash
A woman was killed and at least nine others were injured in a New York car accident involving a hit-and-run driver. According to a Reuters news report, the fatal car accident happened at the intersection of Pennsylvania Avenue and Wortman in East New York.
Officials say a man in his 20s was driving a white Mercedes when he struck the woman and six parked cars before fleeing on foot. The woman was transported in critical condition to a nearby hospital where she died from her injuries. The police apprehended the driver within a few blocks of the crash.
Queens Construction Worker Death Leads to Manslaughter Charge
We now know more about the death of a 22-year-old laborer from Queens killed while working at a Restoration Hardware store construction site on Ninth Avenue in Manhattan on April 6, 2015.
According to Occupational Safety and Health Administration (OSHA), the general contractor and the victim’s employer failed to provide cave-in protection, which could have prevented the fatal trench collapse. Harco Construction LLC and subcontractor Sky Materials Corporation didn’t install cave-in protection, or brace a section of undermined sidewalk to prevent it from collapsing.
Officials with OSHA say the managers associated with the construction site were aware of the dangerous conditions and failed to remove their employees from the trench. After the construction site accident, OSHA issued each employer two citations for willful violations of safety standards. Officials from both companies have also been indicted for manslaughter in the New York State Supreme Court.
Medicaid to Cover New York Home Births Resulting in Neurological Damage
In 2011, a fund was created during New York Medicaid reform to benefit babies born at hospitals with neurological damage. According to a report in The New York Law Journal, a Brooklyn judge has decided that the fund should benefit home-birthed babies as well.
The judge ruled that the Governor and the Legislature didn’t intend for the location of the birth to exclude babies from benefits. Babies born with neurological damage are now qualified for financial support in New York whether they were born at home or at the hospital.
It’s unclear if this ruling will have a significant impact on New Yorkers as a whole, but it will benefit the few families dealing with neurological disorders after a home birth. There are only about 500 to 600 home births in New York each year compared to about 125,506 live births that happen in New York hospitals. Furthermore, complications only arise in home births about 10 percent of the time.
Syracuse Student Sues Boxing Club
A 22-year-old college student has had to drop out of school because brain injuries have impaired his ability to read and write.
According to a Daily News report, the student is now suing the school because his brain injuries were suffered during an unexpected sparring session in the Syracuse University’s boxing club. He alleges that the instructor invited him into the ring for a non-contact shadow boxing drill. Since he thought it would be a non-contact drill, he was not wearing any protective head equipment. During the drill, the instructor repeatedly struck the student in the head. The coach failed to intervene.
Governor Cuomo Acts to Protect New York Workers
The Task Force to Combat Worker Exploitation has just been given a boost from Governor Andrew M. Cuomo. According to WorkersCompensation.com report, the governor approved $700,000 for education, outreach, and investigations. The Governor also formed an Anti-Retaliation Unity and a Mediation Unit. These units will exist within the State Department of Labor to help prevent retaliation against workers who assert their rights.
Baruch College Students Arraigned on Murder Charges
Five young men now face murder charges for the 2013 hazing death of a New York City college student. According to a CNN report, the Baruch College freshman died from a traumatic brain injury (TBI) suffered during a hazing incident for the Pi Delta Psi fraternity.
During the hazing, the freshman was blindfolded freshman fell and struck his head. He went unconscious and didn’t receive medical care for two hours. Officials say the delay in treatment lead to his death.
The five men were arraigned on murder charges, but they’re not the only people facing legal consequences for the hazing. The incident took place at the Poconos in Pennsylvania, and the Monroe County grand jury there recommended charges against 37 people in total.
Fiat Chrysler Issues Massive Recall
Fiat Chrysler Automobiles (FCA) has announced a major recall involving 65,760 Ram trucks and 75,364 Jeep Cherokee sport utility vehicles. According to a Channel News Asia report, the recall involves faulty rear axles and possible fire risks.
Car Plunges Into Yonkers Construction Site
A woman was injured when her vehicle plunged about 40 feet down into a construction site. According to a CBS New York news report, the car crash took place near the victim’s home in Yonkers.
Officials say her gray Toyota accelerated suddenly, forcing her vehicle through the chain link fence and over the cliff. The vehicle landed on its nose and flipped over onto its roof. The driver suffered a deep cut and lost some blood, but survived the crash. It’s unclear what caused the accident.