This Wednesday, an appellate court ruled that a man who burned his face praying over his sizzling hot plate of fajitas, will not be allowed to sue the New Jersey Applebee’s where God apparently hath forsaken him.
According to a report from the Courier Post, Hiram Jimenez burned his face at the restaurant back in 2010 when he bowed his head over the plate to give thanks. Court documents say 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.”
From the Post:
In an incident report prepared for Appelebee’s, Jimenez said he was burned on his face, neck and arms after “grease popped” on the fajitas.
His lawsuit said a waitress did not warn Jimenez that the dish was hot. It argued Jimenez 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 dismissed the suit, finding Applebee’s — a California-based chain with more than 1,900 restaurants — was not required to warn Jimenez “against a danger that is open and obvious.”
In my opinion, you don’t need a court to tell you that Applebee’s food is a “danger that is open and obvious.”