Community Corner

Mother-Daughter Suing Wendy's and Mineola Woman Over Accident

Williston Park fast food restaurant reportedly installed metal barriers after accident.

A Williston Park mother and her daughter are suing Wendy’s as well as the 75-year old woman over an accident that pinned them against a wall in December 2012.

On Dec. 4, Theresa DiMilia and 11-year old Samantha were involved in an accident at the Wendy’s restaurant on Hillside Avenue in Williston Park when reportedly a car driven by Mineola resident Margaret Hogarty entered the parking lot. Hogarty reportedly was pulling into one of the parking spaces near the entrance to the restaurant and allegedly hit the gas pedal instead of the brake, causing the car to jump the curb and pin both mother and daughter against the outside wall of the restaurant.

The crash left both the mother and daughter injured and their legs crushed. While Samantha suffered a severely fractured leg and is walking again, Theresa has undergone 10 surgeries.

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Hogarty, Wendy’s International Inc. and Westbury Properties, LLC, which owns the property on which the restaurant is located, are named as defendants in the lawsuit.

According to a CBS 2 NY report:

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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 declined to comment specifically on the lawsuit.


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