Posted on 03/06/2015 11:25:32 PM PST by dennisw
According to a new court ruling
A New Jersey man who was burned by a plate of hot fajitas while dining at Applebee’s can’t sue the restaurant over his injuries, according to an appellate court.
Hiram Jimenez took the chain restaurant to court because he said his waitress failed to alert him that his meal was hot. After being served, the court ruling says he bowed his head to pray over the crackling plate, and some oil popped and burned his face. Jimenez says he then panicked and knocked the plate in his lap, causing more burns, none of which resulted in scars, according to court records.
He filed suit seeking damages on the grounds that he 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 had no duty to warn Jimenez “against a danger that is open and obvious” like a sizzling hot plate of fajitas. Jimenez appealed, but an appellate panel confirmed the lower court ruling, saying Applebee’s can’t be held responsible because the hot food posed an a risk that should be “self-evident” and thus “approached with due care.”
(Excerpt) Read more at time.com ...
When you pray over your sizzling hot fajitas please do so in a safe and responsible way.
Don’t care if he was praying or not.
Approaching life with dollar signs in your eyes, always on the lookout for a chance to cash in through litigation, doesn’t strike me as a very Christian approach to things.
He needed the waitress to tell him that the sizzling plate of fajita meat was hot?
Be careful, the plate is hotter than the fires of eternal damnation.
Fajitas need to be served with an English/Spanish bilingual sign saying “Splattering fat objects are closer than they seem”
I’m more interested in what he was praying for. maybe he was praying for a nice awesome lawsuit..
In other words, his own fault.
Intolerant atheist fajitas.
I’ve never prayed at Applebee’s, but whenever I see an Applebee’s, and my hands are not occupied with something more important, such as driving, I make the sign of the cross with my fingers and hold it out at arm’s length.
I am not making this up.
Makes too much sense, but the Loser should pay all the legal fees.
McDonald’s is wishing they’d had the same judge.
I guess the sizzling sounds and grease spitting from the plate wasn't this guy's first clue.
Was this his first Fajita purchase?
He needs to pray daily that for the rest of his life he has enough sense to order only beef or tilapia of the tartare persuasion.
Every time I have eaten fajitas
the server uses a oven glove on the handle when setting down the iron skillet.....
That would be my first clue...
I know it will never happen but tort laws in this country need to change to loser pays if the case is deemed frivolous....
The federal government should ban all hot food. /nannystate
I’ve just got to ask:
Is Hiram Jimenez a “Dreamer”?
He had dreams of a big payday. Does that count?
well well..
common sense prevails at last..
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