America has become a litigious society overrun by personal injury lawyers in search of deep-pocket defendants (once called ambulance chasers) and greedy, bogus plaintiffs looking for a big payday at the expense of the rest of us. You can't escape these hungry, aggressive lawyers who advertise on billboards and around the clock on television. This is why it is so gratifying to witness the demise of a frivolous personal injury suit.
Hiram Jimenez and his brother, in March 2010, were sitting in a booth at Applebee's Neighborhood Grill and Bar in Westampton New Jersey. When the waitress placed a sizzling hot skillet in front of Jimenez, he said to his brother, "Let's have a prayer."
When Mr. Jimenez bowed his head in prayer over the hot fajitas dish, he heard what he described as a "loud sizzling noise and a pop sound" followed by a burning sensation on his face. He tried to push the food off the table but it landed on his lap.
Claiming "serious and permanent" injuries because the waitress failed to warn him of the dangerous and hazardous fajitas grease she had exposed him to, Mr. Jimenez filed a personal injury suit against the California-based chain of 1,900 restaurants. The plaintiff sought an undisclosed amount of money as a result of the waitress' negligence.
A New Jersey trial judge dismissed the burning fajitas case stating that a restaurant does not have a legal duty to warn patrons about food dangers that are open and obvious. Mr. Jimenez appealed this ruling.
In February 2015 a two-judge appellate court panel affirmed the lower court's dismissal of the Applebee's suit noting that the sizzling hot fajitas platter constituted a "self-evident" hazard.
Hiram Jimenez and his brother, in March 2010, were sitting in a booth at Applebee's Neighborhood Grill and Bar in Westampton New Jersey. When the waitress placed a sizzling hot skillet in front of Jimenez, he said to his brother, "Let's have a prayer."
When Mr. Jimenez bowed his head in prayer over the hot fajitas dish, he heard what he described as a "loud sizzling noise and a pop sound" followed by a burning sensation on his face. He tried to push the food off the table but it landed on his lap.
Claiming "serious and permanent" injuries because the waitress failed to warn him of the dangerous and hazardous fajitas grease she had exposed him to, Mr. Jimenez filed a personal injury suit against the California-based chain of 1,900 restaurants. The plaintiff sought an undisclosed amount of money as a result of the waitress' negligence.
A New Jersey trial judge dismissed the burning fajitas case stating that a restaurant does not have a legal duty to warn patrons about food dangers that are open and obvious. Mr. Jimenez appealed this ruling.
In February 2015 a two-judge appellate court panel affirmed the lower court's dismissal of the Applebee's suit noting that the sizzling hot fajitas platter constituted a "self-evident" hazard.
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