An Applebee's customer who was burned while praying over his plate of sizzling fajitas has been told he cannot sue the chain. Late yesterday, a New Jersey appellate court upheld the decision of a lower court which had dismissed the case in 2010, reports the AP.
Hiram Jimenez originally sought damages because he sustained burns immediately upon bowing his head over the food to pray. He told the court that he "bowed his head, then heard a loud sizzle followed by a grease pop. He then felt a burning sensation in his left eye and on his face." He then said that he panicked and accidentally knocked the food into his lap, causing more burns. The AP writes that the burns did not cause scarring.
When fajitas are brought to the table at Applebee's, it's customary for the server to warn diners about the hot skillet. The meat and vegetables are served in a cast iron pan which is nestled into a wooden plate and often has a cloth pot holder for protection. The man claimed that his server did not warn him about the temperature of the dish, but the lower court wrote, "the risk of injury was foreseeable since the plate of food, as described by plaintiff, was sizzling, smoking and 'real hot,'."
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