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(Iowa City Press-Citizen)   Woman sues restaurant for "physical and emotional trauma" after she walked straight into a glass panel next to the glass door   (press-citizen.com) divider line 153
    More: Dumbass, flat glass, Coralville, personal injury lawyer  
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9164 clicks; posted to Main » on 13 Jun 2013 at 1:22 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-06-13 02:19:54 AM  
I was curious to see this glass pane and checked street view which doesn't have a good angle. Checked Yelp for pictures and pretty much comfirmed that the fatness checks out. The place is a drive through called Culver's Frozen Custard and serves a double cheeseburger called a "Butter Burger" of which one Yelper ordered three of because, "the commercials were so intriguing".
 
2013-06-13 02:23:25 AM  
stupid lawsuit like this is why we can't have nice things.
 
2013-06-13 02:25:57 AM  

brigid_fitch: criscodisco: I just don't understand this.  I've walked into a floor to ceiling plate glass window in public before, and it hurt like hell, and all I thought was "boy am I an idiot".

Me.  Godiva Chocolates.  Freehold Raceway Mall.

/I could have SWORN that was open air
//Please, God--tell me nobody saw....oh, fark.


It sounds like this happens a lot, judging by the comments in this thread.

*PERHAPS* then, the injuries were avoidable and foreseeable by the restaurant for installing that feature.
 
2013-06-13 02:29:21 AM  
And I do understand the knee jerk "she is blaming them for her stupidity", but she is not stupid, she didnt know the glass was there.  its clear, like say, water on a slick floor.

We all know that is something that people get sued over all the time.

Like it or not, this does seem like negligence.  The sealer would be if ANYONE had ever walked into that glass before, which, again, judging by what people will ADMIT in here, seems highly likely.

It just seems that they chose to put an aesthetic feature in and completely ignored the fact that people run into these things.  I bet the staff has even laughed at people before.
 
2013-06-13 02:29:25 AM  
If you've ever seen someone walk into a glass door or window, it's hilarious.  I saw a guy in Munich's airport who was dressed very nicely, full suit, tie, nice dress shoes and he was carrying a briefcase. He was in a bit of a rush and he walked straight into a glass panel. His reaction was a mix between shock and a quick turn around to see if anyone witnessed it.  I laughed on the inside and fortunately everyone that saw him was polite enough not to laugh out loud.  Still funny as hell!

It looked similar to the guy in this video but the suit and briefcase really made it:  http://www.youtube.com/watch?v=7O2qPT8vgfI
 
2013-06-13 02:33:23 AM  

cardex: I have seen 6 or 7 adults walk into glass objects of one kind or another and they have all been girls has anyone ever seen a guy walk into a wall is it just bad luck or is it related to the female inability to park inside the lines.


I'm the type that's walked into glass doors even without any kind of incapacitating device such as a cell phone or tablet or dangling keys or whatever. And every time I've done so, I've said "F*cking windows everywhere I look" and moved on. even though I was eating an apple at the time ...
 
2013-06-13 02:36:45 AM  
/Facepalm
 
2013-06-13 02:36:58 AM  

Mugato: McCarthy dislocated her jaw, broke her nose, tore a rotator cuff and sustained soft tissue injuries to her neck and back

How the shiat can you sustain all those injuries from walking into a window? I tore my rotator cuff once too but I had to get hit by a car to do it.

/also, she sounds fat


Sounds less like "walking into a window by accident", and more like "running head on into a window so she can sue for a big payday".

If she fails to win this case, she could always try suing Windex.
 
2013-06-13 02:40:31 AM  

rebelyell2006: I did it just once, in high school. The only thing I was thinking was "oh god I hope nobody saw me do that".


I've read over the years numerous stories of people being severely injured walking through sliding glass doors. Also know a guy who put his arm through the window in his sleep. His roommate woke up, was like 'funny I don't hear nothing' but got up anyways and found my friend laying in the bathroom in a pool of blood unconscious.

I'm having trouble being snarkie.
 
2013-06-13 02:40:54 AM  

wildcardjack: I got a concussion running into a metal awning outside the Burger Barn next to my airport. I mean, it's at 6 feet, of course people are going to bang their head on it.

/I spent four hours woozy on local.
//Really shoulda told the boss.


I almost got taken out by a metal awning when I was in high school. I had gone to see Batman (the first one,
with Michael Keaton) with this guy who would become my boyfriend a week later and a storm kicked up while
we were in the movie.

We were walking across the parking lot and a gust of wind hit us and blew my glasses off my face. So I bent
over to pick them up and I hear this CRACK and the sound of twisting metal and the metal awning of the
shop we were next to blew off the building and flew right over my bent over form. If I'd been standing upright,
I'd have gotten clocked.
 
2013-06-13 02:54:51 AM  

cardex: I have seen 6 or 7 adults walk into glass objects of one kind or another and they have all been girls has anyone ever seen a guy walk into a wall is it just bad luck or is it related to the female inability to park inside the lines.


I think it's got to do with their inability to use punctuation don't you think I do
 
2013-06-13 02:56:53 AM  

ihaveibs: I was curious to see this glass pane and checked street view which doesn't have a good angle. Checked Yelp for pictures and pretty much comfirmed that the fatness checks out. The place is a drive through called Culver's Frozen Custard and serves a double cheeseburger called a "Butter Burger" of which one Yelper ordered three of because, "the commercials were so intriguing".


Don't you go badmouthing Culver's now.

/not fat
 
2013-06-13 02:58:54 AM  

Mugato: McCarthy dislocated her jaw, broke her nose, tore a rotator cuff and sustained soft tissue injuries to her neck and back

How the shiat can you sustain all those injuries from walking into a window?


Plexiglass or safety-glass window, I'd assume, from the perspective of a squishy flesh-being it's about like walking into a brick wall, which I've actually done because I'm stupid.

That said, it's probably a combination of:

1. injuries obtained from bouncing back, losing balance, and hitting the floor rather than the collision with the wall itself.

2. "Soft tissue injuries" is an overdramatic way to say "light bruising" so possible similar spin/exaggeration on the rest of it.

3. Over-litigious twats making random bullshiat up because they don't understand that the defense or judge can pay a third-party doctor to either look at her hospital bill or actually evaluate her to verify things, at significantly lower cost than a settlement.
 
2013-06-13 03:04:28 AM  
How fast was she walking that she had built up enough force to sustain those injuries? I'm guessing alcohol might have been a factor.
 
2013-06-13 03:12:09 AM  

ihaveibs: I was curious to see this glass pane and checked street view which doesn't have a good angle. Checked Yelp for pictures and pretty much comfirmed that the fatness checks out. The place is a drive through called Culver's Frozen Custard and serves a double cheeseburger called a "Butter Burger" of which one Yelper ordered three of because, "the commercials were so intriguing".


Hey now Culvers makes some awesome burgers for fast food chain.. Their meat is always fresh never frozen, and they toast the buns with actual butter. The restaurant chain started in Wisconsin, so what you expect? They really need to make better deep fried cheese curds though.
 
2013-06-13 03:36:20 AM  

Mock26: What not walking into a glass door might look like.


Brilliant.
 
2013-06-13 03:37:27 AM  
I did that a few years ago.
The next time I went back I saw they had placed a potted tree where I walked into the window.
Didn't think of suing them. Because I'm not an asshole.
 
2013-06-13 03:42:19 AM  

lokidecat: How the hell fast was she walking?

Nogale: How fast was she walking that she had built up enough force to sustain those injuries? I'm guessing alcohol might have been a factor.


I'm taking bets that it was a dine and dash (emphasis on the 'dash' part).


And to the lawyer:  No, it's not the restaurant's responsibility to 'mark' the window - they just assume that people aren't the farking stupid, which apparently is not the case for your client.  A judge should look at this and think "So, how many people go through that door every day w/o injuring themselves as though they were hit by a 18 wheeler?  I find for the defendant, the plaintiff owes them for legal fees and emotional distress. Next case."
 
2013-06-13 03:42:24 AM  
Yelp review pics show the front door as having horizontal and vertical crossed bars.  And on every window.  And decals/signs on the doors.

And this looks to be the standard for Culvers in *every* google image search of the restaurant itself.

So the only way I could see a glass panel not having the bars or signage would be if it was just recently replaced and hadn't had the extra bits installed.  If this is the case then, yes, the restaurant (and/or the contractors involved) would have been negligent.  If this is not the case then it is quite likely that the lady is a farking moron and walked into a marked window and simply doesn't remember it accurately.
 
2013-06-13 03:48:51 AM  
"Essentially there should been some kind of markings on it - a decal, a bar across - something to indicate this was not open space."
You have GOT to be kidding me.
If you need that kind of warning before walking into windows you need a chaperone.
My one-year old daughter walked into a window. I almost managed to choke down the laughter completely. I don't think I hurt her feelings too much.
 
2013-06-13 03:50:11 AM  
you people are HARSH.

Even the ones who have done it are still saying its her fault despite the window not being visible.

Was it that first pilot in Independence Day's fault that he ran into the force field of the alien ship?  No, of course not, he didnt see it, it was invisible.

How are you supposed to avoid something you don't know is there?  Like I said before, there is next to zero chance this is the first person to walk into that wall.  The restaurant knew it had a something that had the potential to cause injury, and it chose to leave it unmarked, presumably for the entertainment value.

ALL of you have seen stories like this before.  At some point you have to stop blaming the victim.

/ no, I have never walked into a glass wall... I am MALE for god sake, im not that stupid.
 
2013-06-13 03:58:27 AM  

I sound fat: you people are HARSH.

Even the ones who have done it are still saying its her fault despite the window not being visible.

Was it that first pilot in Independence Day's fault that he ran into the force field of the alien ship?  No, of course not, he didnt see it, it was invisible.

How are you supposed to avoid something you don't know is there?  Like I said before, there is next to zero chance this is the first person to walk into that wall.  The restaurant knew it had a something that had the potential to cause injury, and it chose to leave it unmarked, presumably for the entertainment value.

ALL of you have seen stories like this before.  At some point you have to stop blaming the victim.

/ no, I have never walked into a glass wall... I am MALE for god sake, im not that stupid.


You sound not only fat, but litigious.
 
2013-06-13 03:58:35 AM  
This may be CSB, but it's sort of relevant:
One of the Marines we had on board was known as Lance Corporal Accident Prone. He managed to knock himself senseless in the hangar bay while doing PT - ran right into a wing. He also frequently forgot the "duck" part of the "jump and duck" one must do when running through the passageways. Occasionally he simply forgot to jump. There's a timing that one learns and it becomes automatic. For him, it never did.
The funniest moment I got to personally witness. The Marines were doing their drill on the mess deck... which was freshly waxed, with the tape still up. This Marine had chosen that side to lead his guys into the mess. He broke through the tape and started to slip, which he tried to counter by running backwards in place. The whole time, he's still sliding. Finally he goes down, but he kept sliding, right into the middle of the floor. That's when it got hilarious - he tried to counter his complete lack of traction by flailing his limbs wildly. Eventually, someone tossed him a rope and dragged him off the floor.
The point is, there are people who somehow manage to be alive despite their brain obviously trying to kill them.
 
2013-06-13 03:59:25 AM  
December 2011.  She was probably completely immersed in the iPhone that she got for Christmas, absolutely clueless about her surroundings - could've walked into a brick wall and still sued. Also, we know the grid coordinates of the restaurant that she attended but not her age, weight, IQ, or amount of self-absorption.

Also - is there a history of people attempting to wall through glass walls at that location?
 
2013-06-13 04:03:12 AM  
www.smh.com.au
 
2013-06-13 04:04:12 AM  

cardex: I have seen 6 or 7 adults walk into glass objects of one kind or another and they have all been girls has anyone ever seen a guy walk into a wall is it just bad luck or is it related to the female inability to park inside the lines.


I've only ever seen women walk into glass.

But I have seen a TON of men try to walk through screen doors. I mean, a ton. WTF? I wonder if there is some sort of brain difference:

Women: "I can see through it!" *BANG!*

Men: "I can hear/smell through it!" *RIP*

Of course, alcohol makes both scenarios far more likely. That and stupidity.
 
2013-06-13 04:13:52 AM  

supageil: Men: "I can hear/smell through itfeel the wind blowing towards me as though there is nothing in front of me!" *RIP*


FTFY
 
2013-06-13 04:18:06 AM  

JWideman: This may be CSB, but it's sort of relevant:
One of the Marines we had on board was known as Lance Corporal Accident Prone. He managed to knock himself senseless in the hangar bay while doing PT - ran right into a wing. He also frequently forgot the "duck" part of the "jump and duck" one must do when running through the passageways. Occasionally he simply forgot to jump. There's a timing that one learns and it becomes automatic. For him, it never did.
The funniest moment I got to personally witness. The Marines were doing their drill on the mess deck... which was freshly waxed, with the tape still up. This Marine had chosen that side to lead his guys into the mess. He broke through the tape and started to slip, which he tried to counter by running backwards in place. The whole time, he's still sliding. Finally he goes down, but he kept sliding, right into the middle of the floor. That's when it got hilarious - he tried to counter his complete lack of traction by flailing his limbs wildly. Eventually, someone tossed him a rope and dragged him off the floor.
The point is, there are people who somehow manage to be alive despite their brain obviously trying to kill them.


No shiat. We had this one guy on ship that was 6'4, and was always bashing his head on thinks like vent shafts or airplane wings. One time he was running to a casualty incident on the 03 level and forgot the duck part of the jump and duck through a knee-knocker. He ended up with severe concussion and 22 stitches in his scalp.
 
2013-06-13 04:18:25 AM  

I sound fat: Even the ones who have done it are still saying its her fault despite the window not being visible.


Refractive index:
Air: 1
Most non-scientific glass: 1.5 - 1.7
Plexiglass (PMMA): 1.5

for reference, water is 1.3

A glass panel is  entirely visible (critical angle's only like 40 degrees), just because it's not opaque doesn't mean that missing it isn't entirely your fault.  If nothing else, you should see the frame, but that's basic logic and common sense, so not as fun to make a post about as one pointing out that you should have tried harder to stay awake back in high-school physics, heh.
 
2013-06-13 04:18:39 AM  

JWideman: This may be CSB, but it's sort of relevant:
One of the Marines we had on board was known as Lance Corporal Accident Prone. He managed to knock himself senseless in the hangar bay while doing PT - ran right into a wing. He also frequently forgot the "duck" part of the "jump and duck" one must do when running through the passageways. Occasionally he simply forgot to jump. There's a timing that one learns and it becomes automatic. For him, it never did.
The funniest moment I got to personally witness. The Marines were doing their drill on the mess deck... which was freshly waxed, with the tape still up. This Marine had chosen that side to lead his guys into the mess. He broke through the tape and started to slip, which he tried to counter by running backwards in place. The whole time, he's still sliding. Finally he goes down, but he kept sliding, right into the middle of the floor. That's when it got hilarious - he tried to counter his complete lack of traction by flailing his limbs wildly. Eventually, someone tossed him a rope and dragged him off the floor.
The point is, there are people who somehow manage to be alive despite their brain obviously trying to kill them.


God damn. No wonder you guys are still fighting over there.

/all in good fun
 
2013-06-13 04:19:38 AM  
It's a pity that they didn't have a giant wall of spikes that looked similar to their spiked door.   The gene pool would definitely be improved if this woman got out of it.
 
2013-06-13 04:24:11 AM  
Took a little hunting on GIS, but I think I found what could be the type of glass pane the plaintiff may have hit.  The mascot in the image is named "Scoopie".  I've never been a customer of Culver's (nearest one is over 2500 miles away), but it seems to me it's a clean burger joint that also sells frozen custard.  Anyplace that has frozen custard is worth patronizing, IMHO.  Hope this lady's lawsuit fails.
4.bp.blogspot.com
 
2013-06-13 04:26:57 AM  

zamboni: The restaurant should put up a sign that says "If you are a stupid farking moron, this is called 'glass.' You cannot walk through it."


With her picture as an example.

"Don't be like this dumbass...avoid the glass."
 
2013-06-13 04:47:30 AM  

muck1969: Took a little hunting on GIS, but I think I found what could be the type of glass pane the plaintiff may have hit.  The mascot in the image is named "Scoopie".  I've never been a customer of Culver's (nearest one is over 2500 miles away), but it seems to me it's a clean burger joint that also sells frozen custard.  Anyplace that has frozen custard is worth patronizing, IMHO.  Hope this lady's lawsuit fails.
[4.bp.blogspot.com image 281x400]


Yeah, that glass panel could use some credit card decals or a menu.
 
2013-06-13 05:07:05 AM  

Discordulator: Yelp review pics show the front door as having horizontal and vertical crossed bars.  And on every window.  And decals/signs on the doors.

And this looks to be the standard for Culvers in *every* google image search of the restaurant itself.

So the only way I could see a glass panel not having the bars or signage would be if it was just recently replaced and hadn't had the extra bits installed.  If this is the case then, yes, the restaurant (and/or the contractors involved) would have been negligent.  If this is not the case then it is quite likely that the lady is a farking moron and walked into a marked window and simply doesn't remember it accurately.


Don't you come in here with your FACTS and your LOGIC.  Fark comments are meant to be like AM talk radio - a fact-free zone!
 
2013-06-13 05:18:16 AM  

yukichigai: Discordulator: Yelp review pics show the front door as having horizontal and vertical crossed bars.  And on every window.  And decals/signs on the doors.

And this looks to be the standard for Culvers in *every* google image search of the restaurant itself.

So the only way I could see a glass panel not having the bars or signage would be if it was just recently replaced and hadn't had the extra bits installed.  If this is the case then, yes, the restaurant (and/or the contractors involved) would have been negligent.  If this is not the case then it is quite likely that the lady is a farking moron and walked into a marked window and simply doesn't remember it accurately.

Don't you come in here with your FACTS and your LOGIC.  Fark comments are meant to be like AM talk radio - a fact-free zone!


If we're at the point where someone can be so terrible at being alive they can sue someone else for having a window then just let China go ahead and take over.
 
2013-06-13 05:27:36 AM  
I have walked into a glass panel next to a glass door, I was fine but my friend nearly died of laughter.  Seriously 5 minutes of uncontrollable laughter, we had to stop walking, tears were running down his face.
 
2013-06-13 05:32:20 AM  
the day Westfield opened in Shepherd's Bush I walked smack into the window of All Saints, which being as it was literally brand new was absolutely pristine and invisible (so say I anyway)

it hurt like a motherfarker. split my nose

didnt sue though
 
2013-06-13 05:38:36 AM  

muck1969: Took a little hunting on GIS, but I think I found what could be the type of glass pane the plaintiff may have hit.  The mascot in the image is named "Scoopie".  I've never been a customer of Culver's (nearest one is over 2500 miles away), but it seems to me it's a clean burger joint that also sells frozen custard.  Anyplace that has frozen custard is worth patronizing, IMHO.  Hope this lady's lawsuit fails.
[4.bp.blogspot.com image 281x400]


Looks like they have a decal right in the eyeline now (or at the branch in that particular photo). Absent that decal it doesn't seem such a bad mistake, when you see two evenly sized big windows like that and one is a door, some people will accidentally assume both sides are doors every now and then, because paired doors like that are common, and evenly sized window/door pairings aren't. Even when not distracted it is easy to trigger an automatic behavior and gloss over any differences until it is too late and you have done something silly (like push on a door that has "PULL" in block letters).
 
2013-06-13 05:45:02 AM  

Okoboji: lokidecat: How the hell fast was she walking?
Nogale: How fast was she walking that she had built up enough force to sustain those injuries? I'm guessing alcohol might have been a factor.

I'm taking bets that it was a dine and dash (emphasis on the 'dash' part).


And to the lawyer:  No, it's not the restaurant's responsibility to 'mark' the window - they just assume that people aren't the farking stupid, which apparently is not the case for your client.  A judge should look at this and think "So, how many people go through that door every day w/o injuring themselves as though they were hit by a 18 wheeler?  I find for the defendant, the plaintiff owes them for legal fees and emotional distress. Next case."


At Culvers you pay up front so it wasn't dine and dash.

I would like to see the case dismissed and have the personal injury POS be held responsible for all of the legal fees and court costs.
 
2013-06-13 06:09:00 AM  
I live less harmoniously with my physical surroundings than do many of my fellow humans. In short, I'm a klutz. My arms and legs often have bruises from being whacked against table corners and door handles. That having been said, I've never sued for emotional or physical "trauma." Not even when a cruel assault by a wet park bench left me with a bone bruise that now, two months later, hasn't completely healed. (OK, it wasn't the bench's fault.)
 
2013-06-13 06:17:30 AM  
Like this?  Link
 
2013-06-13 06:20:53 AM  
I tripped and fell, going through a set of automatic doors at a university one evening. I missed the uneven spot on the ground, caught my toe, and went down like a sack of bricks. When I got up, all I could think was, "crap, I'm glad no one was around to see that." And then realized that the security cameras no doubt caught every graceless flailing of my arms as I pitched forward, and some kid in a control room was no doubt ROFLHAO at that very moment. And every moment after, as he replayed it time and again.

/did not sue re: the uneven patch of pavement
/sprained both thumbs when I tried to break the fall.
 
2013-06-13 06:27:09 AM  
I read this in the reds yesterday before I took the kids to the mall. It literally saved me from walking into a glass wall at Sephora.

/css
 
2013-06-13 06:27:44 AM  

criscodisco: I just don't understand this.  I've walked into a floor to ceiling plate glass window in public before, and it hurt like hell, and all I thought was "boy am I an idiot".


Obviously, you aren't an American. It's, "Boy, am I an idiot...SOMEBODY PAY ME!"

It helps if you first abandon all sense of personal responsibility.
 
2013-06-13 06:45:56 AM  
i.chzbgr.com
 
2013-06-13 06:49:49 AM  

criscodisco: I just don't understand this.  I've walked into a floor to ceiling plate glass window in public before, and it hurt like hell, and all I thought was "boy am I an idiot".


I came here to say this.  I also came here to say that there are plenty of America's Funniest Home Videos that show people walking directly into glass doors, holding drinks, food, dogs, children, etc...  They fall, they roll, they get laughed at.  I've never heard of anyone breaking their nose, dislocating their jaw, and damaging their rotator cuff.

That woman must have been moving at the speed of sound, and the glass must have been 6" thick and bulletproof.

But you know what sucks?  Litigation in this country is such that, it will settle out of court, and she'll win, because it will cost the restaurant WAY too much to defend it.
 
2013-06-13 06:58:18 AM  
I once broke a bullet proof glass gate with my body. I didn't try to walk through it, I came running towards it, filled with glee, and slipped on some water just infront of it. The glass shattered into hundreds or thousands of small glass cubes, spraying around me like hail as I slid foreward on my bum.
Ten minutes later I got told that my ass was bleeding. One of the pieces was stuck in my left buttocks. Only needed three stiches.

Lesson learned: Bullet proof glass is made to withstand bullets, not bigger stuff moving at slower speeds. It also taught me humility. I didn't even consider suing. Why should anyone else pay me money because I'm stupid?
 
2013-06-13 06:59:29 AM  
A couple of weeks ago, I climbed up on the arm of a metal lawn chair that I thought could support me just fine.  It didn't.  It tipped, and I fell - on my feet, so it wasn't a complete fall.  But the other side of the chair scraped my shin and I have a gash about 4" long that still hasn't healed and will leave a scar.

Now, who should I sue?  The maker of the chair for making it so unbalanced?  Or maybe my entire family who was standing RIGHT there, and did nothing!

First of all, this story is true.  Secondly, this is how lawsuits are brought about.  "Oops.  Shouldn't have done that.  Is there a lawsuit in this?!?"
 
2013-06-13 07:09:43 AM  

xria: muck1969: Took a little hunting on GIS, but I think I found what could be the type of glass pane the plaintiff may have hit.  The mascot in the image is named "Scoopie".  I've never been a customer of Culver's (nearest one is over 2500 miles away), but it seems to me it's a clean burger joint that also sells frozen custard.  Anyplace that has frozen custard is worth patronizing, IMHO.  Hope this lady's lawsuit fails.
[4.bp.blogspot.com image 281x400]

Looks like they have a decal right in the eyeline now (or at the branch in that particular photo). Absent that decal it doesn't seem such a bad mistake, when you see two evenly sized big windows like that and one is a door, some people will accidentally assume both sides are doors every now and then, because paired doors like that are common, and evenly sized window/door pairings aren't. Even when not distracted it is easy to trigger an automatic behavior and gloss over any differences until it is too late and you have done something silly (like push on a door that has "PULL" in block letters).


So then this woman is a complete moron, or she likes to try to open doors with her face? I can't think anyone with even a moderate IQ would look at that and think...oh and open space next to the door...
 
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