The only way he would have a case is if he could prove that that was the very first time in his life that he had ordered fajitas. Otherwise, everyone and his brother knows that fajita plates are blazing hot and still sizzling when they get to the table. ;-)
“... the very first time in his life that he had ordered fajitas...”
That and being completely DEAF! You can hear those things sizzle from across the room. Plus.. the steam is usually a good indicator of something being hot!! :)