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Octogenarian Sues Apple For Collision Related Injury

NEW YORK(CBSNewYork) —  A Queens woman is suing Apple for $1,000,000 after smashing her face on a glass door at a Long Island Apple Store.

Evelyn Paswall, 83, claims that the glass doors at the front of Apple Stores pose a risk to the elderly.

Paswall’s attorney Derek T. Smith told the Post that,“Apple wants to be cool and modern and have the type of architecture that would appeal to the tech crowd, but on the other hand, they have to appreciate the danger that this high-tech modern architecture poses to some people.”

Paswall claims that she didn’t realize that she was walking into a wall of glass as she approached the store, and says that she broke her nose as a result of the collision.

Her suit claims that “The defendant was negligent . . . in allowing a clear, see-through glass wall and/or door to exist without proper warning.”

As of Saturday warning strips had been posted on the glass at Apples Manhasset store.

Does Paswall deserve the settlement? Was Apple negligent? Let us know in our comments section below…


One Comment

  1. Thomas says:

    First off if that was your mother, grandmother or great grandmother you’d think differently! In the early 90’s McDonald’s was sued because a lady had spilled hot coffee on themselves and as a result caused 3rd degree burns(Liebeck v. McDonald’s). The result was a settlement to that person.

  2. VAMA says:

    How about this. Let’s say we wait outside the trial and, as soon as the 83 year old is awarded a couple hundred thousand to just go away, we branch out like a net and wait for her to run into one of us, then we can sue her for not watching where she’s going and divvy up the goods.

    1. The MaD HaCkER says:

      Sounds like a winning plan! 😉

  3. Bob says:

    CBS is being very irresponsible on it’s coverage of this matter. They should publish her address so someone can go over and put her out of her misery. PS… also publish the home address of her lawyer. Or of any lawyer for that matter. Bound to make the world a better place.

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  6. MaxineRocks says:

    Does it occur to anyone on here that she thought a company as big as Apple is would have a door that’s sensored to open automatically when a customer approaches – just like your corner grocery? The picture of the Apple store shown is from CT, not Queens, NY, so no one knows what really happened – what if the door was the type meant to auto-open and the sensor failed? There aren’t enough details in this story.

  7. lynn taylor says:

    Apple will make it up by hiring some more 8 year olds…then everyone wins…. Buy apple products – screw child labor laws.

  8. An old grandma says:

    I am also an older senior citizen and I have to depend on the use of a cane whenever I’m out, but I make sure to take someone with me so accidents like this won’t happen. MAYBE it would be nice if Apple were to pay her medical bills ONLY. She needs to learn to take someone with her when she goes out so these things wouldn’t happen.

  9. Andrue says:

    Are you kidding me? I read some of these comments, and I can’t believe some people actually agree with that old prune. I’m sorry, but the only “negelgence” here, was on the part of the old woman. Is she really stupid enough to think that the place didn’t have DOORS? I mean seriously. She needs to stop trying to take advantage of her old age and a wealthy company and just take some responsibility for her own actions. Was the Apple store negligent? No. Was the woman’s attention negligent? Oh hell yes! If she’d payed attention, there’d have been no problem. LOOK WHERE YOU’RE GOING LADY!

  10. Jeff Rosen ret NYPD Sgt says:

    She’s not suing. An ambulance chasing attorney is.

  11. Terry Makover says:

    TO ALL THOSE WITH PREJUDICE STATEMENTS ABOUT BEING 80+, or being stupid, clumsy or litigious,

    TO CLUE YOU IN , THIS SITUATION HAS NOTHING TO DO WITH EYESIGHT, AGE OR NOT LOOKING WHERE YOU ARE GOING. The stores who do not take the legal responsibility to clearly identify a glass panel with simply placing stickers, or advertising or plastering their logos all over, are simply NEGLIGENT. A person has been physically injured due to this. Had the door/panel had the obvious markings that it was in fact a solid piece of glass even though it had the surrounding reflections of nature that are indicative of empty space, that person would have obviously taken a different way to exit. How sad it is that so many of you state your opinion as if you are all PERFECT prophetic young people and that you seem to think you are better than . THERE ARE PREDICTABLE ACCIDENTS WAITING TO HAPPEN, whether it happens to an 18 year old or a person who is 80, and there are LAWS made because of the reality that you are putting people in danger because of reckless, ignorant, or deliberate choice related to physical appearance of the architectural design of an exit.
    How sad that so many of you are only capable of seeing this situation in terms of old age, stupidity, or financial greed, or even dare to judge the severity health wise, and pretend to know the implications of how breaking a nose in this painful way is merely an issue of vanity and nothing more . Can it really be that the only way for you to fathom why this is an established legal liability is for you (yes YOU) to literally walk through what appears to be an open space, only to discover you have broken your facial bones on an solid surface?. Many of you who disagree with the response of the person injured and responded with ridicule and sardonic tones, and an outpouring of prejudice regarding elderly people have not only misunderstood that this is a case of negligence, but also have come across quite clearly, as crystal in fact, as the glass which has been the culprit in this case, is your disdain, and lack of compassion and empathy for people in general. Your remarks show an impatience, a disrespect, a disapproval, of senior citizen’s rights, simply because being older makes them less than whole. Why should an 80 year old care about her appearance any more….You can think and say whatever you want,, except for the fact that it biases and belittles whatever other opinions you have and reflects a shallow nature, much unlike the depth of the glass door that the lady in discussion walked into, and the perception of the wonders of nature that she saw reflected in the distance beyond.

    1. Andrue says:

      So we can all just go to any random store, walk into a wall or door and make money off of it, right? My grandma is also an older senior citizen who has to rely on cane, even hang onto me at times. Don’t try to put this off as something disrespectful to the elderly. This woman either needs an aid to go with her or do everything for her. Whether she has bad eyesight or not, she should’ve been paying more attention. It’s REAL easy for anyone of any age to walk into something if they weren’t paying attention. You expect me to believe she thought there wasn’t a door there? It’s more than commoon sense… Stop trying to justify some old lady’s greed. Apple need only pay the medical bill, nothing else. This million dollar crap is pointless.

  12. Chris Colvard says:

    It’s a case of human nature… people don’t like to appear foolish. I’ve run into glass doors in the past, as have everybody else, at one stage of their life or another. I say that Apple should pay the hospital bill for the broken nose, but that’s it. A cool million, because her pride can’t take a hit? No.

  13. alwaysamazed says:

    Didn’t someone win a settlement against a furniture store for tripping over their own child? This doesn’t sound too much different.

  14. Ray says:

    This is why insurance is so unaffordable, morons like this looking to make a lil money. What did she think they store was just wide open? That would work out well for the thieves in NYC. I think Apple should counter-suit for any marks she left on the glass. Further more, if she is so old she cannot see, maybe she should look into a nursing home and not a new computer.

  15. Picky Reader says:

    Editor: Octogenarian is spelled incorrectly in the URL.

  16. Get Real says:

    Get real folks, this was an accident typically paid for by the medical insurance
    of the parties involved. The $1M extortion attemp should be a crime and the parties involved should be sitting in jail or out on bail.

  17. Jim says:

    What’s scary is that she is still driving.

      1. MaxineRocks says:

        Driving? In Queens? You’re kidding, right? She probably took a cab!

  18. Owen says:

    This reminds me of that woman who walked into a mall fountain last year and wanted to sue because of her ignorance. The fact that people will try and get compensation for their stupidity adds to the image of ignorance in our present day society. People like this need some sense knocked in their bloody minds.

    1. MaxineRocks says:

      Actually, she wanted to sue because they posted the video on YouTube without her permission.

  19. Wut says:

    I’m really curious as to how she ran her NOSE into this door, with enough force to BREAK it.

    Its not as easy as you might think to break your nose, at to that you usually have someone in front of you when walking, your hands swing, you’re carying something. Also couldn’t you see your reflection?

    Sounds like a scam.

  20. MikeM says:

    i think I have the answer to the may-not-be-visible-to-elderly glass door problem for Apple – Repurpose some of those proximity sensors from the iPhone into their stores. Have the door yell “LOOK OUT!!” using Siri’s voice as you approach it! That should solve that 😉

  21. Mike says:

    So lets say I am walking in a national park not paying attention and I fall in a hole. I break a leg and using a stick I drag my sorry butt back to the road to get help. Should I: A.) Remind myself not to be an idiot and view my broken leg as a reminder that I am responsible for paying attention to my own safety OR B.) Sue the federal government for leaving ‘dangerous holes’ unfilled in public parks where just anybody can fall into them?

    If you voted B then please walk next to many cliffs.

  22. Old Git says:

    back in my day, they sold apples from sidewalk carts with no windows or doors. I can see how this woman got confused.

  23. Stryker says:

    If she can’t see the door, how the heck is she going to use a computer? Buy her some eye glasses and some Sunday Brunch tickets and call it even and then dowse that lawyer with some hot McDonald’s coffee.

  24. Art Vandelay says:

    Maybe you should have thought before you walked blindly into a glass wall!

  25. Ms Obvious says:

    WTF is an 83 yr old woman doing at an Apple store anyway? “Oh hello I found this old school computer at a yard sale. Can you teach me how to cyber sonny boy?” really? lol

  26. Scott says:

    When I get to the age when I approach the entrance to a building and I’m not looking for some kind of door, I’m going to stop going out.

    Just another ambulance chaser attorney abusing the system.

    1. Ms Obvious says:

      by then we should all be able to beam ourselves up or out of places.

  27. Scott Hayden says:

    So having clean windows now will get you sued? Pathetic. Take some responsibility for your own actions lady. I don’t want to pay more for my next Apple product because of your stupidity.

  28. Mercier says:

    I wish we could sue so easily in Canada. I hate having to WORK for my money.

  29. Dave says:

    Good thing she wasn’t drinking coffee at the time or McDonalds would have been named also

  30. Dave says:

    Good thing she wasn’t drinking coffee at the time or McDonalds would have been named also.

  31. Dan Lee says:

    King Solomon would say, If she were asking for expenses she is an honest person and deserves them. Since she is asking for this huge amount of cash, she and her attorneys are clearly attempting a shakedown. She may even have injured herself intentionally. Crooks get nothing in a just society. My experience in this country with many screwball, immorat laws, is she may win a large settlement.

  32. Sad says:

    What a useless old bag, everybody is in it for the money

  33. kP says:

    “I’m suing for ONE MILLION DO…” …psst…psst…psst…psst…”I’m suing for ONE BILLION DOLLARS!”

  34. Chrissakes says:

    Darwin nods his head knowingly.

  35. Crybaby says:

    This lady is the common of the people that will like to take advantage of a corrupt legal system. Its ok to level richness, but who told this lady to walk thru a glass door? Buyer be aware! She doesnt deserve 1 dime! She is trying to take advantage of our great country! I will rather ask her for the tisses….

  36. YoLawya says:

    Pay the lady. Glass door should have had an Apple logo decal on it at eye height. It may even be required by city building codes.

    1. Picky Reader says:

      Or pay attention to what you’re doing. Either way.

    2. Ray says:

      yeah right! I can barely afford my Apple products now. I don’t wanna buy this woman a $1 million pair of glasses too!

      1. MaxineRocks says:

        YoLawya is correct, though. It is the law that all glass doors have some kind of marker on them at eye height to prevent someone from being injured – it came about following a rash of people walking through sliding glass patio doors and getting sliced to ribbons back in the late 60’s, early 70’s, I think. Most places put one at adult eye level and a second at a small child’s eye level to cover their butts. The fact that the Manhassat store promptly put markers on their doors is enough of an admission of guilt in most courts that they realized there was a problem. She probably won’t get $1 million, but knowing NYC/Queens, she’s going to walk away with a hefty settlement.

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