In March of 2010, Hiram Jimenez visited the restaurant with his brother, and ordered the steak fajita. He was brought a sizzling skillet, but claims that the waitress did not warn him that the dish would be hot.
After receiving the food, Jimenez and his brother bent over close to the table to engage in prayer. He claims that it was at that time he heard a sizzle, which was followed by a grease pop that resulted in burns in his left eye and face. When he reacted, he accidentally knocked the plate of food on his lap.
Though Jimenez was not left with any scarring, he made the decision to sue Applebee’s in the state Superior Court, claiming that the chain negligently gave him hot food.
The case was dismissed by the lower court, who ruled that the danger was “open and obvious.” When Jimenez appealed the cases, he received a similar decision from the appeals panel.
“Here, the danger posed by a plate of sizzling hot food was self-evident,” the panel ruled.