(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.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.
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.
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.