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Attorney: Wendy’s Should Have Had Barriers Up At Time Of L.I. Crash

Theresa DiMilia and her daughter Samantha. (credit: Mona Rivera, 1010 WINS)

Theresa DiMilia and her daughter Samantha. (credit: Mona Rivera, 1010 WINS)

WILLISTON, N.Y. (CBSNewYork) — A Long Island mother explained this weekend why Wendy’s was named as a defendant in a lawsuit stemming from a crash in front of one of the restaurants.

As WCBS 880’s Sophia Hall reported, the crash on Dec. 4 in Williston Park left both Theresa DiMilia and her 11-year-old daughter, Samantha, injured.

DiMilia and her daughter were doing something they did all the time – stopping for a bite at the Williston Park Wendy’s. But on that particular occasion, a car being driven by a 75-year-old woman rolled onto the walkway – slamming into mother and daughter and pinning them up against the building.

“It was horrible,” DiMilia said.

DiMilia described the situation further to 1010 WINS’ Mona Rivera last week.

“The pain was so unbearable. I remember my daughter Samantha asking me if she was dead — ‘Am I alive mommy, am I alive?'” she said.

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 was still in a wheelchair as of last week after having both legs fractured in the incident.

She has had 10 surgeries on her leg.

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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 the DiMilias are suing Wendy’s because right after the accident, the fast food restaurant put up metal barriers. He said they should have been there to begin with.

At the time of the accident, there were “not even providing rudimentary parking or curb stops,” Lisabeth said last week.

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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