Man Who Burned Face Praying Over Sizzling Fajitas Can't Sue Applebee's
On Wednesday, an appellate court ruled that a man who burned his face while praying over a plate of fajitas could not sue the New Jersey Applebee's where the face-burning reportedly took place.
The Courier-Post reports that Hiram Jimenez seared his face at the Westampton, N.J., chain restaurant in March 2010 after he bowed his head over the table—on which a plate of hot meat had just been placed—to pray. According to court documents, Jimenez heard "a loud sizzling noise, followed by 'a pop noise' and then felt a burning sensation in his left eye and on his face."
Jimenez claimed he suffered "serious and permanent" injuries "solely as a result of (Applebee's) negligence when he came in contact with a dangerous and hazardous condition, specifically, 'a plate of hot food'."
A trial judge disagreed, as did a two-judge panel who heard Jimenez's appeal of the initial ruling.
The restaurant, the ruling stated, did not need to warn Jimenez "against a danger that is open and obvious."
"A danger that is open and obvious" is a good way to describe most food at Applebee's. Be careful praying there.
