A woman who said she was injured after being struck by a garbage can that crashed through a restaurant window is suing the City of New York Department of Sanitation.
Victoria Martini said she had “cabin fever” on Feb. 13, 2014 and because it was 36 degrees, she went to a movie and then to the Exo Restaurant, according to WABC-TV. The news station said in its Feb. 27, 2014, report that a video showed road conditions were dangerous and slick when the sanitation worker was removing snow on Austin Street in Queens. A foot of snow had previously fallen and it had been snowing on the day that Martini went to the restaurant.
Martini?s claimed in her lawsuit that the snow plow driver was going too fast and he left the scene after he hit the garbage can. Martini’s attorney, Seth Harris, said police did not administer a sobriety test on the driver, therefore it has not been determined whether the sanitation worker was driving under the influence of alcohol or drugs. Harris said the police also did not issue a ticket. Harris told WABC-TV that the sanitation worker was being “protected by the system” because anyone else would have been tested by the police.
A video from the restaurant showed Martini having a conversation with a friend when the garbage can came through the glass, hit Martini and knocked her out of her seat. Her friend went to chase the snow plow as Martini stood up “in shock” over what had just happened.
Martini said she does not yet know the extent of her injuries, but the incident prevented her from attending dance class. Martini told WABC-TV that she was hoping to go on tour.