Man Sued Applebee’s After Burning Himself While Praying
WESTAMPTON, N.J., March 5 (UPI) — A New Jersey appeals court rejected a lawsuit from a man who alleged he suffered burns from his Applebee’s fajita when he bowed his head to pray.
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Hiram Jimenez’s lawsuit alleged he visited the Westampton restaurant in March 2010 with his brother, Rafael, and they decided to pray over their food.
Jimenez said he bowed his face over his steak fajita, which was served on a skillet, and he soon heard a loud sizzling noise followed by a grease pop that led to a burning sensation on the left side of his face, including his eye.
Jimenez, who alleged the waitress did not warn him the food was hot, said he knocked the plate over in a panic, causing the food to spill on his lap and incite further burns.
None of the burns left any scarring, but Jimenez filed a lawsuit in state Superior Court, accusing the restaurant of negligently giving him hot food that led to serious injury.
The Superior Court ruled against Jimenez, saying the danger caused by the sizzling fajita skillet was “open and obvious” when Jimenez chose to put his face near it.
The two-judge appeals panel sided with the lower court.
“Here, the danger posed by a plate of sizzling hot food was self-evident,” the ruling stated.
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