Hospitality Industry Legal Risks: New York Restaurant Sued By Woman Hit By Car Outside Building; Neglected To Install “Curbs And Bollards”

“…the (plaintiff’s attorney) said Wendy’s only installed pedestrian safety blocks after the crash in December. He said if the restaurant had curb stops and bollards in place at the time of the incident, the tragedy would have been prevented…”

Theresa DiMilia and her 11-year-old daughter Samantha walked out of the Wendy’s restaurant on December 4 in Williston Park when suddenly a car being driven by an elderly woman smashed into them and pinned them against the wall. “The pain was so unbearable. I remember my daughter Samantha asking me if she was dead — ‘Am I alive mommy, am I alive?’” Theresa DiMilia told 1010 WINS’ Mona Rivera.

Their legs were crushed. Samantha DiMilia was treated and released after suffering a severely fractured leg. Now, two months later, Samantha is walking again, but Theresa DiMilia is still in a wheelchair after having both legs fractured in the incident.

The lawsuit names the driver of the vehicle who hit the DiMilias — 75-year-old Margaret Hogarty of Mineola — as well as Wendy’s International Inc. and Westbury Properties, LLC, which owns the property where the restaurant is located, as defendants.

For more:  http://newyork.cbslocal.com/2013/02/11/wendys-named-as-defendant-in-multimillion-suit-filed-by-injured-mother-daughter/