Court: Man Who Burned Himself Praying Over Fajitas Can't Sue Applebee's
A New Jersey court has doused a “sizzling” – and strange – lawsuit.
A state appeals court has ruled that a man can’t sue Applebee’s for burns he suffered while praying over a plate of fajitas.
Back in 2010, Hiram Jimenez bowed his head to pray after his sizzling steak fajita skillet arrived at the table. Jimenez claims he subsequently suffered burns, and says the waitress didn’t warn him that the plate was hot.
Court documents read:
Plaintiff described the dish as "real dark," smoking, sizzling and "real hot." According to plaintiff, the waitress did not say anything when she served the food, other than to "enjoy your meal." After the waitress walked away, Rafael "reached over and said let's have prayer." Plaintiff bowed his head "[c]lose to the table." Plaintiff said he heard a loud, sizzling noise, followed by "a pop noise," and then felt a burning sensation in his left eye and on his face. Plaintiff panicked, knocked his plate onto his lap and caused his prescription eyeglasses to fall from his face. Plaintiff said he tried to push away from the table with his right arm. He used his left arm to brush the food from his lap. He soon felt that he had "pulled" something in his right arm. He stopped applying pressure to the table, "let [his] [right] hand go because [he] felt pain," and "banged" his elbow on the table.
Rafael called for help and the restaurant's employees came to assist. A manager eventually provided Rafael with an incident report form. The description of the incident contained on the report is as follows: "[H]ot food order burned me after grease popped causing several burns to face, neck, and arms." According to plaintiff's deposition testimony, the alleged burns left no scarring.
The court ruled that the dangers of the sizzling fajita plate were “open and obvious.”
Attorneys Lisa Giovinazzo and Jennifer Brandt were on “Your World” to discuss the case.
Brandt called it “absolutely ridiculous.”
“If you order a plate of fajitas, you know that it’s sizzling hot, and if you put your face in it, you’re likely to get burned.”
Still, Giovinazzo remarked that the plaintiff “of course” should have had the opportunity to pursue the lawsuit.
What do you think of this lawsuit? Let us know in the comments.
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