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In July 2011 a 54 year old worker from the Bronx fell on a defective and dangerous staircase. He immediately felt pain to his knee and shoulder. He was transported from the scene and left with a knee brace and told to follow up. Over the following few weeks, he felt pain in his lower back; pain that was becoming disabling.

The client retained Leav & Steinberg to represent him for the serious injuries. Immediately after being retained, L&S set up an inspection of the premises so that we could ensure that the staircase was inspected and we would be able to prove it was negligently maintained.

We commenced litigation and after a short time, the defendant and their insurance suggested we sit down at a mediation. The client had undergone a knee and shoulder arthroscopic surgery at this point. At the mediation, they extended an offer of $150,000.00 in full settlement. Partner Daniela Henriques advised the client that at this stage the settlement was less than adequate and moreover the medical course of treatment revealed that his lumbar spine was becoming worse. We suggested he reject the offer and we proceeded forward.

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On November 22, 2016, a 6,500 pound I-beam became loose as it was hoisted into place at a construction site in Briarwood, Queens.  The I-beam fell four stories, killing a crane operator and a flag man.  A link with more information about the accident can be found here.  New York City has many laws and safety regulations which protect workers and other individuals at and near construction sites.

Despite such laws, those in the construction industry, often working within tight time and financial constraints, push the limits of those laws and of safe construction.  This can often result in tragedy.

When choosing a law firm to represent someone killed during construction, the surviving members of the family must consider all aspects of the firm’s background, experience, ability to take the case to trial as well and most importantly the firm’s reputations among the defense and insurance industry.

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Brooklyn resident, Frank Musella, a 37 year old married father of two young boys,  was doing his usual work at the Department of Sanitation in Staten Island on July 29th, 2015 when he began having chest pain.  He went outside and was found immediately unresponsive, having suffered what appeared to be a heart attack.  911 and EMS were called.  From reports received, and due to ongoing issues with the EMS transmission radio system and its WI-FI network, delay occurred in getting to him.  This delay, it is claimed may have created the inability to revive and treat him.  He passed away later that day at Staten Island University Hospital.  An autopsy performed showed that he had severe blockage in his arteries.  He had regular check ups with his doctors and was always told he was okay except for high cholesterol.

Leav & Steinberg, LLP was retained to investigate the circumstances of his death including the delay by EMS as well as the medical care provided by his primary care doctor and a cardiologist who had seen him in months and years prior, but failed to diagnose any emergent cardiac condition.

A suit has been filed naming the City of New York and their EMS service for negligence.

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A construction worker died on Wednesday, October 26th after falling off scaffolding into a 35 foot deep wastewater tank in Brooklyn.

The accident took place at Coney Island Water Pollution Control facility on Knapp St. near Voorhies Ave. in Gravesend. Emergency workers rushed to the scene after receiving a call at 12:34 p.m. about the construction worker’s fall.

Two FDNY divers found the 31 year old construction worker, Michael Buffamante, at the bottom of the tank and pulled him out of the water. Rescue workers thereafter unsuccessfully attempted to resuscitate Buffamante, who was in cardiac arrest. He later died at the hospital.

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In heartbreaking news coming out of Brooklyn today; a 21 year-old mother unintentionally pushed her 6 week-old infant in a stroller down an elevator shaft. The family was on the 23rd floor of their Sea Gate apartment building when the accident occurred. The elevator doors opened to an exposed shaft; the baby fell to a stalled elevator car on the 18th floor.

The baby was pronounced dead at Coney Island Hospital. The building has been issued numerous previous violations for faulty elevators. The investigation is ongoing.

Source: http://www.cbsnews.com/news/elevator-nightmare-in-nyc-for-mom-and-baby/

 

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Chicago-Marathon
This blog is often filled with stories of clients who have sustained serious life altering injuries and have asked LEAV & STEINBERG, LLP to represent them in seeking the legal justice and adequate compensation due to the negligent actions of others.  Very often the cases take years to progress through litigation.  Very often at each step of the way (depositions, discovery inspections, physical exams) there are pitfalls and things that must be carefully planned in order to achieve success.  The outcome is usually a result of the hard work in preparation.  My personal life over these past six months is quite similar.

As this weekend approaches, I have been checking the weather in Chicago for Sunday.  Mostly sunny, high of 65 and low of 52.   Looks like perfect running weather.  If it was only that simple.  I made the decision to enter the lottery to run the Chicago Marathon about 6 months ago.  Luckily I got in.  That was where the hard work begins.  I have trained for the last 4 months with six days of working out and varied my runs with heart rate training, pacing sessions, and interval speed work.  The goal, to qualify for the Boston Marathon for April 2018.

I have previously run 4 marathons and have gotten within 4 minutes of qualifying.  That has not stopped my determination.  I am hopeful this year will be the year.  I am focused and mentally ready.  As my trainer has told me…the hay is in the barn….  time to run…  The last few weeks are tapering weeks so the running has decreased and the level of rest increased.  This can be tough as many of you on the east coast know….its mallomar season.

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At approximately 9:50 a.m., an MTA bus struck and killed a 73 year old woman near East Houston and Columbia Street.  The victim was declared dead at the scene.

The bus was turning off of Avenue D onto East Houston when the woman was caught under the rear wheels of the bus. Witnesses stated that the bus driver did not initially realize that he had hit someone. Residents near the scene of the accident reported that corner where the accident took place is notoriously dangerous.

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Leav & Steinberg has successfully represented a 57 year old woman that was struck by a bus and suffered traumatic leg amputations.  A $5,000,000.00 settlement was obtained for the injuries our client sustained in the accident.

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At approximately 8:45 a.m., a New Jersey Transit Train making its way into the Hoboken terminal failed to slow down and come to a stop and crashed into the Hoboken station platform. Reports have shown severe structural damage at the terminal, including the partial collapse of the roof. More than 50,000 people use the Hoboken terminal daily.

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Over 100 injuries and 3 fatalities have been reported as a result of the accident. An urban search-and-rescue team has been deployed to help remove trapped individuals from the train. More than 20 ambulances arrived at the terminal to take injured passengers to area hospitals. New Jersey transit spokeswoman Jennifer Nelson stated that the train carried approximately 250 passengers.

Leav & Steinberg has successfully represented an individual who was a passenger in an MTA bus that crashed into another MTA bus, both while driving in the Holland tunnel several years ago. An action was maintained against the City of New York for the negligence of the operators of the buses in causing the accident.

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Around 7 A.M. this morning, New York’s Bravest responded to a 911 call for an odor of gas in the Kingsbridge section of the Bronx. It turned out that the home was being used as an illegal marijuana grow house. The house exploded causing flying debris to strike an FDNY Batallion Chief, mortally wounding him. The 17-year fire veteran leaves behind a wife and three children.

Also injured in the blast were nine firefighters, six police officers, three ConEd workers, and two civilians.

The owner of the house rather inexplicably states that he knew little about the renters and what they were doing; he claims that no one told him an illegal drug operation was being run from his property. Neighbors profess that there were shady things going on at the property which was always surrounded by luxury cars, unlike in years past, when college kids would rent the property.

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TI Rap concert
As we reported previously here on May 30th, 2016 Leav & Steinberg, LLP was retained by several individuals who sustained serious and significant injuries at the T.I. Rap Concert.

For many excited concerts goers and fans, the night of May 25, 2016, was supposed to be filled with fun and music at rap artist, T.I.’s, New York concert held at Irving Plaza. Unfortunately, due to inadequate security measure and substandard emergency protocol, violence and gun fire erupted during the show inside New York’s famous music venue tragically leaving one person dead and others seriously injured.

Two of our clients at Leav and Steinberg, LLP were at the T.I concert at Irving Plaza to have fun and enjoy the show at the time of the shooting. They could have never expected that moments later they would be fleeing for their lives. At some point during the show, gun fire inside Irving Plaza sparked mayhem and chaos which quickly combined with overcrowded conditions that spread throughout the venue causing patrons inside the venue to flee to the nearest exits.