WESTAMPTON, N.J. – It seems there has been a lawsuit for everything these days.
On Wednesday, an appellate court ruled that a man who was burned at an Applebee’s Neighborhood Grill and Bar could not sue the franchise.
Jimenez said he ordered the fajitas in a sizzling skillet.
According to the ruling, Jimenez said he bowed his head “close to the table” before feeling a burning near his left eye and on his face.
Jimenez filed the lawsuit, saying the waitress never warned him that the dish was hot.
Initially, a judge dismissed the suit, saying the danger was “open and obvious” because of the sizzling fajitas.
On Wednesday, the appellate court agreed.