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GRANDELLI & ESKENASI

The addition of Leigh Eskenasi as a named partner recognizes his dedication to our clients, and his contributions to the numerous multi-million dollar recoveries the firm has obtained, which are among the highest in New York State.

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Outdoor Dining Structure Accidents: Targets for Vehicular Accidents

Outdoor dining structure accidents
Monday, May 17, 2021
Posted in Car Accidents

On the evening of April 29, a 37-year old man was fatally struck, and another individual injured, when a car collided with a motorbike before crashing into an outdoor dining structure. The accident occurred on a busy street in Astoria, Queens around at 8pm. According to reports, a 2013 Mercedes-Benz was driving northbound on 35th street by Ditmars Boulevard, and attempted to pass a slower-moving car by driving in the bike lane. As the Mercedes shifted into the bike lane, it struck a motorbike, a 2019 Yamaha Chappy. The Mercedes then proceeded to hit two parked cars and drove into the outdoor dining structure of the Rosatoro restaurant. A 32-year old woman was struck by debris from the outdoor structure and suffered injuries to her legs. Xing Long Lin, a Queens resident and driver of the motorbike, was taken to the hospital and pronounced dead the next day. The driver of the Mercedes-Benz, a 60-year old woman, was also transported to Elmhurst Hospital Center.

Outdoor Dining Structure Accident

The outdoor dining structure accident occurred in the commercial section of Astoria which is known for its restaurant and bar scene. Multiple witnesses described the Mercedes as driving “well over 50 miles per hour” before it crashed into the dining area. Kevin Sales, the general manager for Rosatoro, mentioned that a tree and electrical pole acted as obstacles that slowed down the Mercedes before impact. Without these structures to block it, “she would have been inside the restaurant” said Mr. Sales referring to the female driver. A surveillance camera video shows the dramatic moment when the car plowed into the dining enclosure. Shane Crystal, the owner of River Crest restaurant across the street, described the noise of the collision as an explosion. He mentioned how if this had occurred on a more crowded Friday or Saturday night, the outcome could have been much worse. Mr. Sales noted that the restaurant would have to replace the outdoor structure and all the furniture, amounting to a cost of about $20,000. 

Decreased Covid-19 Restrictions & Increased Driver Negligence

As New York City officials begin relaxing COVID-19 restrictions on the capacity of bars and restaurants, distracted or negligent drivers can pose a serious risk to patrons. Outdoor dining structures have been struck by vehicles several times in the past few months. In March, a multi-vehicle accident caused a Toyota Camry to crash into an outdoor dining structure in midtown, injuring seven. In August, two vehicles collided and one drove into outdoor seating on the Upper East Side, injuring three. As the summer months begin and establishment capacity increases, it is important to remember the potential dangers of dining on the streets of New York City. 

Call Grandelli Law Offices

If you or a loved one has been injured in a car accident as result of someone’s negligence, please contact our office for a free consultation. 

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