Trenton ? The appellate court of New Jersey ruled that man who suffered burns over a sizzling steak fajita skillet at a Burlington County restaurant while bowing his head in prayers cannot seek damages for burns he suffered.
Last Wednesday, their pronouncement was made public and they are upholding a lower-court ruling that already dismissed the lawsuit. The man identified as Hiram Jimenez claimed that the waitress who served him did not warn that the dish served was hot; however, the lower court maintained it is general knowledge that sizzling steak fajita is openly and obvious hot and dangerous.
It was in 2010 that the burning injury occurred at the Westamptons Applebees on Rte. 541. A representative of the eatery was not available.
The plaintiff recounted that while he was bowing his head, he heard a loud sizzling noise and popping grease. He immediately felt a burning sensation in his left eye and on his face. As he reacted due to the pain, he knocked the food on his lap and made the situation worst. As of now, the burns did not cause scarring.
A state appeals panel ruled today that the man from New Jersey cannot be awarded compensation for the burns he suffered.
Records showed that in March of 2010, Jimenez dining in a Burlington County restaurant with his brother, Rafael. He ordered a steak fajita that was served to him in a sizzling skillet; but he was not warned by the waitress that the dish was hot.
After the food was served, Jimenez and his brother decided to pray; but while he bowed his head close to the table; he felt a burning sensation in his left eye and on his face. He panicked knocking the plate of food on his lap that caused more injury.
He filed a case against the resto claiming he sustained serious injury after the restaurant negligently served him hot food.
The lower court found that the danger posed by the sizzling fajita plate was a known fact by everyone who enjoys eating this type of fare; yet Jimenez acted careless and his face close to it. Jimenez appealed, and but the court panel agreed to the decision of the lower court.
So Camden, N.J state appellate court ruled Wednesday that divine intervention works hand-in-hand with common sense.
The lower court dismissed the case and the panel that included two judges agreed on the former ruling; dismissed th case after declaring Applebee’s was not negligent.
After pronouncing the rule, the appeal court concluded that the danger of injury from food sizzling hot was foreseeable. It is common knowledge that the plate of food, as described by plaintiff was sizzling, smoking and ‘real hot.
If you or your loved one has been harmed or fatally injured due to negligence or someone else fault, contact an accident lawyer now for free consultation. You may be entitled to financial compensation for economic damages, as well as pain and suffering.
Source: The Intell Com