Lawsuit filed in snow plow incident in Queens


Video from inside Exo Restaurant in Forest Hills, Queens shows a fresh coat of snow and dangerous slick conditions on Austin Street as temperatures hovered above freezing.

Suddenly something crashed into the building. Lawyers say it was a snow plow driven by a New York City Department of Sanitation worker going way too fast. The truck struck a garbage can that went flying into a glass window.

"I was hit out of nowhere and the scariest thing I've ever endured," Victoria Martini said.

On February 13th there was a foot of snow on the ground in Queens and it was even snowing that day. But the temp was up to 36 degrees and Martini had cabin fever, so she went to a movie and then was safe inside that restaurant - or so she thought.

"Having a great conversation, then out of nowhere something large hit into the glass into my body," she explained.

Another view shows Victoria being blown out of her chair and standing in shock as her friend leaves to chase the plow truck. Her attorney Seth Harris says the driver never stopped.

"For some reason he left the scene. It's on the police report and issue no tickets and that's on the report," Harris said. "There was no alcohol or drug testing. We will never know now. Anyone else would have been tested, but now he's been protected by the system."

While her injuries are still being evaluated, Victoria wants to know why and how this happened because she is hurting.

"I still don't know. I was hoping to tour. Right now I can't even go to dance class," she said.

With more than 60 inches of snow this season, it's tough to calculate all the impacts and ripple effects of such harsh weather, but not for Victoria.

"I could have been dead not here anymore," she said.

This is something she wants the city to prevent so someone else does not suffer like her.

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