Wednesday, June 19, 2013

Woman Suing Iowa Culver's Restaurant After Walking into Window

I meant to write about this last week, but then I got distracted until today. Seems like a woman was visiting the Culver's restaurant in nearby Coralville, IA, back on December 27, 2011. Unfortunately, she had an accident while leaving the restaurant and just filed a lawsuit against Culvers. The source of the accident? She walked into a window:
(Mary T.) McCarthy says in the lawsuit that on Dec. 27, 2011, she was a customer at the restaurant, at 2529 Heartland Place, when she attempted to walk through what she believed to be an opening next to an exit door. McCarthy dislocated her jaw, broke her nose, tore a rotator cuff and sustained soft tissue injuries to her neck and back, in addition to emotional trauma, the lawsuit states.

McCarthy’s lawyer, personal injury attorney George Appleby of Des Moines, says the restaurant was negligent by failing to provide a proper marking, warning or sign on the panel.
So, essentially McCarthy and her attorney are trying to argue that she thought there was a huge empty space in the wall next to the door at this Culver's restaurant.

Looking at the comments section, it appears that McCarthy may be 85-years-old, which might explain the severity of her injuries. She is seeking unspecified damages for physical and emotional trauma related to this accident and her resulting injuries.

3 comments:

Briana said...

I work at Culver's and she must've had poor eyesight too, because what she would've walked into is not that hard to tell that it's not a door. One - theres no bar across the glass panel indicating it was a door. Secondly, at the bottom of the panel there is a ledge type thing that sticks out about 2-3 inches. She must've been like running into the door for the severity of her injuries to occur. I honestly think the whole case is amusing. It's her own fault for running into the "door". But maybe thats just because I work at Culver's, I know where the real doors are.

The restaurant never actually got sued though.

Jon said...

Are you sure they didn't get sued? The Press-Citizen article indicated that she filed a lawsuit in June 2013.

Anonymous said...

I think that she filed for it, but I don't think that the restaurant actually had to pay anything. I feel like we would've found out. I mean they might've actually gotten sued - but I'm not really sure.