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Woman suing McDonald’s owner for bathroom incident

SANTA FE, N.M. (KRQE) – A Taos woman has filed a lawsuit seeking more than $10,000 in damages after a 2013 incident in which she claims a metal toilet paper dispenser fell on her eye.

The suit was filed Friday in Santa Fe District Court. Veronica Espinoza claims she used the ladies room of the McDonald’s on Cerrillos Road and Richards Avenue in May 2013 during a work trip. At the time, she worked for the Taos Police Department.

After relieving herself, the suit says, Espinoza reached for toilet paper in the stall.

“Plaintiff attempted to retrieve said toilet paper in the usual, common manner, by pulling the tissue sheets of toilet paper,” the lawsuit reads, but, “Unbeknownst to Plaintiff, the toilet paper dispenser was not properly attached to the bathroom stall door.”

The suit claims that the metal toilet paper holder then crashed down onto Espinoza’s face, detaching her retina. To this day, Espinoza alleges that she sees “floaters” in her vision and suffers from eye infections.

“The precarious attachment (of) the toilet paper dispenser to the wall of the bathroom stall was known or should have been known to the Defendant,” the suit reads.

WISH-TV’s sister station KRQE reached out to Espinoza’s lawyer. Dwight Thompson said the suit is seeking at least $10,000 in damages. That money would cover lost wages, pain and suffering and medical bills, among other things.

When asked why it took three years for the suit to be filed, Thomson said he was busy with other cases and that he filed this one just within the statute of limitations.

When KRQE News 13 called McZ Inc., the owner of the McDonald’s, a woman answered the phone and said the company knew nothing of the lawsuit.

Thomson said McZ Inc., has yet to be served.