Applebee's: Judges Rule New Jersey Man Can't Sue for Burning Plate Injuries
A two-judge panel issued the ruling in New Jersey.
— -- A two-judge panel has ruled that a man whose face was burned by a fajita can not sue Applebee’s because the food posed an “open and obvious” danger.
Hiram Jimenez was seeking damages from an incident that took place at an Applebee’s in Westampton, New Jersey, on March 4, 2010.
According to the ruling by the Superior Court of New Jersey, Jimenez says his steak fajita was served to him in a “sizzling skillet” which was placed “right in front of [him]” by a waitress.
While praying with his brother, Jimenez said he bowed his head “[c]lose to the table” -- then heard a loud sizzling noise, “a pop of noise,” then felt a burning sensation in his left eye and face.
In a panic, Jimenez also “knocked his plate onto his lap” and “pulled something in his right arm” when he tried pushing himself away from the table.
In an incident report with Applebee’s, Jimenez said that he received “several burns to the face, neck, and arms.”
The lawsuit was dismissed by a trial judge because he found that the restaurant “had no duty to war against a danger that is open and obvious.”
Jimenez appealed, but the two New Jersey judges came to the same conclusion.
Jimenez’s attorney, Richard Wiener, could not be reached for comment.
