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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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9163 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 07:09:47 AM
These places have video cameras?  Would be quite telling as to what actually happened. 3 sides to every story and all that.
Naturally I hope the video ends up on Youtube or Liveleak.
 
2013-06-13 07:13:19 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.


Wow, you have your own airport?
 
2013-06-13 07:16:27 AM
Amateur. This is how its done:  http://www.youtube.com/watch?v=NgnQp4BNVq8
 
2013-06-13 07:20:25 AM

Obryn: FTA: "Essentially there should been some kind of markings on it - a decal, a bar across - something to indicate this was not open space."

You know what might be a pretty good indicator that something wasn't open space? A door attached to it.


In the first month after opening our remodeled store, we had a customer complain that we should put decals on the glass panels that were obviously not doors. Why yes, this person had walked into one. How did you know?
 
2013-06-13 07:24:32 AM
I worked at an Apple Store for 7 years. The entire front of our store was glass and someone would run into it at least once a week. Usually little kids. They would bounce off and cry, but they were always just fine. Occasionally though you'd get an idiot, real life troll who'd loudly start wondering "Who's gonna pay for my toof?!"
 
2013-06-13 07:42:28 AM
 
2013-06-13 07:57:06 AM
Did this while leaving a BW3 with friends about 10 years ago.  Felt like an idiot, laughed it off.
 
2013-06-13 08:06:29 AM

pheed: I worked at an Apple Store for 7 years. The entire front of our store was glass and someone would run into it at least once a week. Usually little kids. They would bounce off and cry, but they were always just fine. Occasionally though you'd get an idiot, real life troll who'd loudly start wondering "Who's gonna pay for my toof?!"



CSB:
When I was in Japan, the (ex) wife's family took me to this huge indoor waterpark. Large pools, slides, wave pools, diving tanks, all that cool stuff. They had this really cool clear acrylic pool bridge that spanned between two elevated pools. You could walk under the bridge and see people swimming above you, or swim (or walk across...maybe 3 feet deep) and see people under you. We had been there all of 5 minutes. The first thing I did was swim across. I passed over some Japanese lettering went to look down for a closer view, and *BLAM* face first into the bottom of the glass. (which was truely invisible being underwater). Something didn't feel right in my mouth and I realised I broke off 1/3 of my front tooth. As I stood up, the (ex)wife says "I need to tell you that sign says 'no underwater swimming here' because you can't see the bottom " Oh? Okay, good to know. "What happened to your tooth?" Uh...someone kicked me in the face.
 
2013-06-13 08:10:35 AM
Years ago when I worked at a Gamestop in an Atlanta mall, every so often people would hit one of the windows.  One time this guy hit it HARD, made a pretty loud bang that the whole store noticed.  He stopped, turned, and then quickly walked in the opposite direction.  Some kid stuck his head out the door to point and laugh.  Guy came back about 5 minutes later, and someone was asking me about it and as he happened to walk in right as I said that it happens quite a bit more than you would think.  He got all pissy, saying if it happens a lot we should do something about it.  My reply was something along the lines of "It's a window, you want us to stop cleaning it?".  He even called on the phone about an hour or so later to complain again, don't think he sued though.  He did have a pretty good gash on the bridge of his nose though.
 
2013-06-13 08:13:13 AM
...Appleby said Tuesday. "Essentially there should been some kind of markings on it - a decal, a bar across - something to indicate this was not open space."...

Restaurant should put a large vinyl cutout of the dumb twat's face on the window, with a sign under it stating "don't walk your dumb ass into the window and sue us like this idiot".

Win-Win.
 
2013-06-13 08:41:16 AM

wademh: To be fair, she was still traumatized by that whole not getting a receipt for her donut thing.


There's no need to bring ink and paper into THIS!
 
2013-06-13 08:44:58 AM
First, let me say very clearly, it's a stupid lawsuit, and Culvers should not be held accountable.

But as far as the injuries, comments on the article bring up that this is most likely an 85 year old woman, so I can see the injuries happening.  Old folks be frail.  And in this case, stupid and whiny too.
 
2013-06-13 09:01:26 AM
" . . .we have a very good expert who is an architect who does commercial buildings, whose opinion is that this is a violation of standard of care for the design of commercial buildings." says McCarthy's lawyer, personal injury attorney George Appleby

Oh.  You have an expert?  Well then here's your check George.
 
2013-06-13 09:24:47 AM

LoneVVolf: ...Appleby said Tuesday. "Essentially there should been some kind of markings on it - a decal, a bar across - something to indicate this was not open space."...

Restaurant should put a large vinyl cutout of the dumb twat's face on the window, with a sign under it stating "don't walk your dumb ass into the window and sue us like this idiot".

Win-Win.



I'd take her face-print and make that into a decal. Something like this:
3.bp.blogspot.com
So there would be the constant reminder of her failure.

/GIS for window face-print
 
2013-06-13 09:46:09 AM
encrypted-tbn2.gstatic.com

not obscure.
 
2013-06-13 09:53:44 AM
Did she break into a sprint toward the glass?
 
2013-06-13 09:54:39 AM
My uncle did this once (didn't sue) several years ago when we were all on vacation.  Knocked the crap out of himself.  Once we realized he was OK we all laughed our asses off.  To this day when we are all out and about we always point out the glass doors to him to make sure he doesn't walk into them.  The men in my family show love by going out of our way to humiliate each other.
 
2013-06-13 09:56:25 AM

Satan's Bunny Slippers: First, let me say very clearly, it's a stupid lawsuit, and Culvers should not be held accountable.

But as far as the injuries, comments on the article bring up that this is most likely an 85 year old woman, so I can see the injuries happening.  Old folks be frail.  And in this case, stupid and whiny too.


I am not sure if she is old, old folks walk slower to limit the injuries that could happen.  Now mid-age folks can be frail due to lack of exercise and poor nutrition and can produce the speed of injury proportions.  However I do think the glass is more at play here.  We had a temper glass thread a couple days ago, and this glass sure has a temper.
 
2013-06-13 09:59:48 AM

lack of warmth: We had a temper glass thread a couple days ago, and this glass sure has a temper.

*applause.gif*

 
2013-06-13 10:07:31 AM

Psycoholic_Slag: My uncle did this once (didn't sue) several years ago when we were all on vacation.  Knocked the crap out of himself.  Once we realized he was OK we all laughed our asses off.  To this day when we are all out and about we always point out the glass doors to him to make sure he doesn't walk into them.  The men in my family show love by going out of our way to humiliate each other.


My bro once yelled that he was going to be first into the store before running to the door.  He didn't hit glass, he hit the rail near the door hard enough to not get up right away.  We all thanked him for getting the door for us as we stepped over him.  It took a few years and not living in the same state for us to finally drop it.
 
2013-06-13 10:17:18 AM

xria: ..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...


Firstly, they are clearly evenly sized.

Second, even if that's true- Do you walk into a door?? No- you push (or pull) the door. And, if you put your hand out to push/pull the door, and find it has no handle (being a window and all), then that's even more disincentive to walk into it.
 
2013-06-13 10:24:54 AM

Stepped_In_What: The part that really screams scam artist is the claim of "soft tissue injuries to her neck and back ."  A claim that can not be proved or disproved medically, but is chronic, requiring years of treatment (read, really big settlement).


Exactly. When I worked for the fire department many years ago, soft tissue back injuries were an automatic 45-day paid vacation.  Every firefighter knew which doctor to see to get that diagnosis.  I suspect it was part of the union contract.  Not sure if that's still in effect or not.


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.


CSB: My father ran face first into a glass door and knocked out his front 6 upper teeth.  As much as he would have liked to sue, he couldn't because he was working at home and was chasing after his dog at the time.
 
2013-06-13 10:30:30 AM

fredklein: Firstly, they are clearly evenly sized.


er "Firstly, they are clearly not evenly sized."
 
2013-06-13 10:44:39 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.


This is how you troll kids.

Either that or he's a personal injury attorney.
 
2013-06-13 10:47:58 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 heard a friend telling a story the other day.  She was at the gym in a room surrounded by mirrors when a couple of guys start trash talking each other (friendly/competitive stuff) and they sort of start this impromptu sprint race.  It's not a large room and pretty soon one of them is slowing down.  Just one of them.  The other one slams full speed into one of the mirrored walls.  Breaks his wrist.

Which lead me to thinking many things about parallel universes, anti-matter twin selves and such as
 
2013-06-13 10:57:32 AM
Fat, stupid and entitled is no way to go through a window, lady.
 
2013-06-13 11:04:25 AM
i guess most of the places she goes have doors next to open panels

i once saw someone push on the window bar to try to get out
before i could say anything my brother said "that is the entrance, the exit door is here" so she used the "correct door"
 
2013-06-13 11:27:08 AM
I can visualize what the woman tried to do that would cause her proposed injuries. If thr rotator cuff was involved, then she did try to push on the glass, but man she must be massively overweight or have been moving exceptionally fast to get injured like that. Either way I'm guessing theres the stupid present.

And to all of you mocking her lawsuit, how many of you could sustain an actual costly injury at a public business and shrug off the thousands of dollars of bills as your own stupidity tax? i'm sure some of your moral fortitude may waver depending on the number of zeroes on the bill (again assuming this woman's injuries are legit). If the door didn't have frosting or markings on it, unfortunately, the restaurant is probably technically at fault. It's sad that if the restaurant isnt at fault, theyll still likely have to settle to reduce legal fees.
 
2013-06-13 11:30:09 AM
If I did something this stupid I wouldn't sue and draw even more attention to it. It's like this doctor who ate an entire artichoke and sued the restaurant for failing to tell him not to do that. If anyone here has ever been served an artichoke, you know how massively difficult that would be and how quickly you would realize that something was wrong. After seeing that news there's no way I'd want this guy as my doctor.
 
2013-06-13 11:45:35 AM

louiedog: If I did something this stupid I wouldn't sue and draw even more attention to it. It's like this doctor who ate an entire artichoke and sued the restaurant for failing to tell him not to do that. If anyone here has ever been served an artichoke, you know how massively difficult that would be and how quickly you would realize that something was wrong. After seeing that news there's no way I'd want this guy as my doctor.


It's a good thing that guy didn't order shellfish!
 
2013-06-13 11:46:04 AM
Can someone please explain to me why this woman should not be swiftly and permanently expelled from the gene pool?
 
2013-06-13 11:51:13 AM
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.

she attempted to walk through what she believed to be an opening next to an exit door.

what she believed to be an opening next to an exit door.

an opening next to an exit door.



Just... end your mindless existence now. People like you are why we can't have nice things.
 
2013-06-13 11:51:43 AM

Jim_Callahan: 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.


I'm not saying that the woman in TFA isn't an idiot, but what does glass's refractive index have to do with the visibility of a thin, uniform sheet at a zero-degree angle of incidence?  You know... like a large glass wall that you're walking directly into?

Now granted, your brain has to be almost totally turned off for you not to notice the numerous cues that a framed space next to a door isn't open to the outside, but setting context aside it's very easy for such a sheet to be almost completely invisible if it's meticulously cleaned and free of blemishes.
 
2013-06-13 12:34:23 PM
an opening next to an exit door.


Was the design of this door different from the enter door, which she managed to navigate successfully?
 
2013-06-13 12:43:53 PM

elysive: And to all of you mocking her lawsuit,


We're mocking her lawsuit because a majority of the population has managed not to walk into a glass window, and the one that have usually don't get injuries that severe. Either she was purposely trying to get injured, or she paid some quack to cook up a fake paperwork.
 
2013-06-13 12:47:32 PM

FuryOfFirestorm: elysive: And to all of you mocking her lawsuit,

We're mocking her lawsuit because a majority of the population has managed not to walk into a glass window, and the one that have usually don't get injuries that severe. Either she was purposely trying to get injured, or she paid some quack to cook up a fake paperwork.


I know why people mock her. I even called her stupid. I'm just skeptical that Farkers wouldnt resort to the same sort of suit if their stupidity became too expensive and they had a financial scapegoat.
 
2013-06-13 12:52:28 PM
Obviously, glass of all kinds should be banned so that people like this poor, poor women don't injure themselves in future.
 
2013-06-13 01:02:17 PM

elysive: I know why people mock her. I even called her stupid. I'm just skeptical that Farkers wouldnt resort to the same sort of suit if their stupidity became too expensive and they had a financial scapegoat.


I'm sure there are some Farkers stupid enough to pull that crap - they're usually lurking in the Politics section.
 
2013-06-13 01:32:51 PM

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.


If there's an open space next to a DOOR, then it is not an open space. Why the hell would someone put a DOOR next to an open space? Pay some goddam attentio to where you're going and get off the farking phone when walking.
 
2013-06-13 01:58:38 PM
And the US continues to spiral into the toilet as the lowest common denominator expects to be catered to.

Oh, we are so very sorry. We should have put a visible sticker on that window where every other store in the United States would have a window.

We should have known that a reasonable person would know that there could be a door just hovering in space with empty space all around it.

Here, have a few hundred thousand dollars for your pain and suffering.
 
2013-06-13 02:10:34 PM

elysive: And to all of you mocking her lawsuit, how many of you could sustain an actual costly injury at a public business and shrug off the thousands of dollars of bills as your own stupidity tax?


I think the point is, we wouldn't do something stupid like that to begin with.
 
2013-06-13 02:17:20 PM

I sound fat: 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.


So what?  If people are so stupid/rushed/idiots/fat/moronic/whatever as to WALK into a GLASS wall and INJURE themselves, why is that anyone's problem except the stupid person?

You make a very reasonable sounding argument, like a lawyer would.  But you and the lawyers fail to understand a very important point.  It is not my fault you are farking incompetent.

Luckily, I made my business the kind were people don't come to me, I go to them.  That way, I just have to worry about one of you retards bumping into the mirror on my car.  (it sticks out, so naturally idiots run into it all the time)

Also, and I know this won't fly, but, you know that you can see glass walls, and water on the floor, if you bothered to actually LOOK at something besides your cell phone and your to go food bag.
 
2013-06-13 02:44:07 PM

I sound fat: 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.


The main difference being that no humans were familiar with alien force-fields, having never experienced one before in their life... While most people on Earth, or at least in the first world, have experienced things like glass windows before and should be very familiar with how they work... It's not like her lawsuit is claiming she had never encountered this strange substance before, and was confused like by its magical transparence...

3.bp.blogspot.com
 
2013-06-13 02:54:23 PM

zamboni: We should have known that a reasonable person would know that there could be a door just hovering in space with empty space all around it.


She must be a Minecraft player...

i1110.photobucket.com
 
2013-06-13 02:56:22 PM
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.

GIS "George Appleby":

www.willowmanagement.co.uk

Looks like it might be a short case.
 
2013-06-13 02:56:29 PM

Z-clipped: Jim_Callahan: 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.

I'm not saying that the woman in TFA isn't an idiot, but what does glass's refractive index have to do with the visibility of a thin, uniform sheet at a zero-degree angle of incidence?  You know... like a large glass wall that you're walking directly into?

Now granted, your brain has to be almost totally turned off for you not to notice the numerous cues that a framed space next to a door isn't open to the outside, but setting context aside it's very easy for such a sheet to be almost completely invisible if it's meticulously cleaned and free of blemishes.


So during your thought process for this supposed zero incidence glass wall, it didn't occur to you that there might be a light source SOMEWHERE other than zero degrees?  You know, like any of the dozens of lights that were certainly  (it's a scientific fact) reflecting off the glass?

The point being, it's only "easy" to not see glass when you aren't bothering to look for it.  Stop pretending like the stuff is invisible.

And while we are talking about logical fallacies.  How many business do you go to that have only three walls?  So it's pretty safe to assume that the last wall in fact exists.  Now, how many businesses do you go to that have glass front walls?  It's like 80% isn't it?  So further, it's safe to assume that the fourth wall is there, and likely made of magical invisible glass.

She walked into a wall that a million other people walked BY without hitting.  It's HER fault, and fark her, the lawyer and anyone that thinks this should be a pay day.
 
2013-06-13 02:56:33 PM

MythDragon: LoneVVolf: ...Appleby said Tuesday. "Essentially there should been some kind of markings on it - a decal, a bar across - something to indicate this was not open space."...

Restaurant should put a large vinyl cutout of the dumb twat's face on the window, with a sign under it stating "don't walk your dumb ass into the window and sue us like this idiot".

Win-Win.


I'd take her face-print and make that into a decal. Something like this:
[3.bp.blogspot.com image 850x1133]
So there would be the constant reminder of her failure.

/GIS for window face-print


In college I lived with some of the dirtiest people on earth. The sliding glass door in the living room was so dirty we didnt need blinds for it. I was up first one saturday and got tired of looking at the window and busted out the box of cleaning stuff mom sent me. I cleaned the hell out of that door and it let the light in which was amazing. Well one of the roomates wakes up and thinks I had the door open and he walks right into it. He left a great half face on it. He looked at me and said "Nice job I didnt even see that"
 
2013-06-13 03:04:39 PM

Gyrfalcon: 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

Answered your own question, darling.


CSB: I clerked for a federal lawsuit against a jet boat captain sued when an obese woman fell down in the boat he was maneuvering.  The woman's weight, over 400 pounds, caused her spine to crack in three places from the fall, as well as shattering her kneecap.  In the end the jury determined that the woman had ignored instructions to stay seated because she wanted to take a picture.  Total defense verdict.

/the eggshell skull has become the morbidly obese body
 
2013-06-13 03:16:12 PM
That's what they get for keeping the place so clean. Should let that glass get all nasty dirty and you won't have to worry about dipshiats walking into glass. Are these people birds or what?
 
2013-06-13 06:47:04 PM

I sound fat: I am MALE for god sake, im not that stupid.


And yet you seem to believe that glass is invisible.
 
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