Wendy's Named As Defendant In Lawsuit Filed By Injured Mother, Daughter

WILLISTON PARK, N.Y. (CBSNewYork) -- A stop at local fast food restaurant ended in serious injury for a local mother and daughter, who have filed a multimillion lawsuit. 

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.

WEB EXTRA: Read The Complaint And Other Court Papers

"Wondering if I'm gonna be able to walk," Theresa DiMilia said. "It's amazing how three seconds changed our whole life."

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.

Attorney Jeffrey Lisabeth 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.

"Not even providing rudimentary parking or curb stops," Lisabeth said.

Wendy's released a statement about the incident, saying "This was a terrible accident and our thoughts and prayers go to the two victims.  We wish them a speedy recovery.  The accident was caused by a driver who apparently lost control of her vehicle. Regarding the lawsuit, we do not comment on specifics of pending litigation."

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