Could it be that Mexican food is evil? Or maybe this was a sign that the Applebeecalypse has begun? Either way, Hiram Jimenez can’t cash in on it, a New Jersey court ruled today, tossing out his lawsuit against the restaurant chain.
While dining at an Applebee’s in Burlington County in May 2010, Jimenez claimed he was burned after he bowed his head to pray before eating a steak fajita. But maybe his prayer over the Mexican specialty should have gone to Hey Zeus instead of Jesus; after hearing noise from the sizzling skillet, he said a grease pop splashed his face and one eye. That burn caused him to jump back, Jimenez said, which knocked the skillet onto his lap, creating additional burns. It’s Applebee’s fault, he claimed, since his waitress didn’t warn him of the dangers.
Such dangers were quite apparent, however, the court ruled, noting that Jimenez himself stated in his complaint that the plate was smoking and sizzling and hot. Therefore, appellate judges said, any danger was plainly evident and recognizable.
Of further detriment to his claim, Jimenez has no scars or marks from that unholy event – so maybe saying grace was his saving grace, although not of aid to the lawsuit. Or maybe he had angel’s food cake for dessert.
Either way, at least Jimenez, apparently, doesn’t practice his faith with the Pentecostalists, Christian Scientists, Church of the First Born, or the Followers of Christ. Those “churches,” as well as other freakish sects, don’t approve of basic medical treatment, relying instead on healing by prayer. Then again, those same churches probably don’t approve of eating Mexican food from national chain restaurants, either, meaning that their members wouldn’t have been in Jimenez’s situation to begin with.
This was Jimenez’s second attempt to pursue damages after a lower court dismissed his lawsuit.