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Queens Chronicle

Woman injured in snow plow incident sues city

Victoria Martini says she was hurt when glass, garbage can struck cafe

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Posted: Thursday, March 6, 2014 10:30 am | Updated: 11:39 am, Thu Mar 13, 2014.

One of the diners at EXO Cafe in Forest Hills who was injured when a speeding snow plow sent snow, ice and a garbage can careening into the restaurant on Feb. 13 has filed a lawsuit against the city.

Victoria Martini can be seen on surveillance video sitting at a table inside the eatery at 70-20 Austin St. with a fellow patron when the dangerous barrage blew apart the windows behind her and knocked her out of her chair, sending her crashing to the floor.

Speaking to television outlets last week, Martini and Seth Harris, her attorney, said that her injuries have prevented her from embarking on a dance tour and she’s just happy to be alive.

“I was hoping to tour. Right now I can’t even go to dance class,” Martini said. “I could have been dead.”

The plow destroyed the restaurant’s vestibule, awning, outdoor security cameras, various locks and electrical circuits, as well as causing water damage inside the restaurant, resulting in around $30,000 in damage, according to owner Peter Kambitsis.

“Thank God no one was in the vestibule,” Kambitsis told the Chronicle last month. “It could have been a lot worse.”

The plow’s driver continued down Austin Street after the incident but was not ticketed. However, the Sanitation Department said in a statement last month that disciplinary action had been taken against the driver.

“I’ve never seen a police report in all the years I’ve been practicing law where somebody leaves a scene and doesn’t get a ticket,” Harris said. “How is that possible?”

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