DOTHAN, Ala. (WDHN) — A Houston County judge is allowing a Florida woman’s lawsuit against a Dothan McDonald’s to go forward.

This all started in December 2020. Sherry Head says she was just trying to order a caramel macchiato but the drink they gave her left her with throat damage and other problems that may require surgery.

She’s asking for nearly $13 million, but her lawyer says the restaurant is making it hard for the case to move forward.

Head claims she was in the drive-thru at the McDonald’s on Ross Clark Circle near Montgomery Highway when one employee told her coffee was unavailable because the machine was being cleaned. She says another employee chimed in and said the machine is ready to go, but the coffee she was served was really a cup of the chemicals used to clean the machine.

She claims she asked for help, but the staff slammed the drive-thru window in her face and when she called 9-1-1 before taking herself to the emergency room, she says employees would not show anyone the cleaning chemicals.

“We are trying to gather the facts and we have met nothing but resistance,” Head’s attorney, Adam Maniscalco said.

In the latest move, her legal team told the judge that the restaurant is not answering questions and has not provided them with all the necessary information for them to continue their case. Her team claims 80% of their questions have gone unanswered.

“Cut through the fog and the haze and figure out who truly is responsible for what happened to Miss Head,” Maniscalco said.

Head is suing Mcdonald’s nationally and locally, GCSC Enterprises LLC, and the Murphy family.

The lawyer for the Murphy’s asked for the suit to be dismissed. Another lawyer representing the McDonald’s chain said they should not be a part of the case because they don’t have control over the employees, training, or products.

Judge Todd Derrick dismissed one of 12 counts, fraudulent suppression, that’s where the defense felt the employees were deliberately trying to not reveal the cleaning chemical.

After Monday’s court hearing, Head’s legal team was granted access to the paperwork or discovery as they feel is necessary for the case to move forward and now both sides will await summary judgment where the judge will hear the evidence and arguments on both sides to see if the case can be resolved without going to a jury trial.