Man Loses Suit Over Turning the Other Cheek Toward Sizzling Fajitas

In another clear cut case of Christian persecution, a man whose face was burned by a plate of sizzling fajitas at Applebee’s when he leaned over the plate to pray before his meal has lost an appeals court ruling on the lawsuit he filed against the restaurant.

A man who leaned over a plate of sizzling fajitas to pray can’t sue a Westampton restaurant because the dish burned him, an appellate court ruled Wednesday.

Hiram Jimenez sought damages from Applebee’s Neighborhood Grill and Bar after a March 2010 incident at the chain’s restaurant on Burlington-Mount Holly Road. But an appellate panel said Applebee’s can’t be held responsible because the hot food posed an “open and obvious” danger.

According to the ruling, Jimenez ordered fajitas that were placed in front of him in a “sizzling skillet.” When he bowed his head “close to the table,” the ruling says, Jimenez heard “a loud sizzling noise, followed by ‘a pop noise’ and then felt a burning sensation in his left eye and on his face.”…

His lawsuit said a waitress did not warn Jimenez that the dish was hot. It argued Jimenez suffered “serious and permanent” injuries “solely as a result of (Applebee’s) negligence when he came in contact with a dangerous and hazardous condition, specifically, ‘a plate of hot food’.”

A trial judge dismissed the suit, finding Applebee’s — a California-based chain with more than 1,900 restaurants — was not required to warn Jimenez “against a danger that is open and obvious.”

He obviously prayed for the wrong thing. He should have prayed that he wouldn’t be burned when he stuck his face into a hot plate of fajitas in oil.

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  • wreck

    Fajitas? What did he expect? Dog obviously gets pissed if you don’t order a Good Christian Murkin dish. Like pizza.

  • Modusoperandi

    From what I understand, he wasn’t thankful enough for the meal.

  • John Pieret

    He must not have known that the plate was sizzling … he thought it was giving him the raspberry and he need to pray for patience and forgiveness in the face of that disrespect!

  • Chiroptera

    What? This guy didn’t know that when something is sizzling, then some of the oil may “pop” and throw something hot your way? Sounds like some conservative men need to spend more time in the kitchen learning to cook dinner themselves.

  • eamick

    He should have gone to the Recovery Sports Grill afterwards. (Yes, it’s real, and less than a mile from the Applebee’s.)

  • themadtapper

    Ok, now once upon a time I was a Jesus freak too, and I did in fact pray before eating. But I can honestly say I never once leaned over and put my face down that close to the plate. In fact, I can honestly say I never even considered doing that. Who does that? Why would anyone do that?

  • richardelguru

    Good grief, what was he thinking (apart from something like ‘I can set up a frivolous suit”)? I mean you can smell and hear fajitas expressing their hotness right across a crowded restaurant.


    …Oh! No!! And now he’s made me feel really hungry and I can’t go to Tino’s till I leave work!!!!


    I think I’ll sue Jimenez, he’s obviously responsible!

  • Pierce R. Butler

    In related news, the Restaurant Advertising Council announced it will continue to “sell the sizzle, not the steak.”

  • themadtapper

    In related news, the Restaurant Advertising Council announced it will continue to “sell the sizzle, not the steak.”

    But Hank always said you’re supposed to taste the meat, not the heat…

  • Synfandel

    So, the guy who prayed got burned and the people who didn’t pray didn’t get burned. Hmm. Seems like there should be a lesson in there somewhere.

  • Raging Bee

    What did this guy do, stick his face into the food? That’s about how close you’d have to get to be burned by a hot plate of food. And yes, you’d hear the sizzling (and feel the heat, DUH) before you got that close.

    This moron had better not order flaming cheese at Taverna Cretokou — it’s actually ON FIRE when served, and there’s no telling how an idiot like him would respond. Fancy Greek restaurants in Alexandria, VA, are no place for wimps. Or stupid Bible-thumpers.

  • nemistenem

    A guy named Jimenez who does not know fajitas are hot and sizzling? WTF, do these people just start hitting the bottle right out of bed in the morning?

  • Sastra

    What did he expect? Probably not a spatter — at the time. But what did he expect from complaining? Probably two things: money for damages and a lot of attention payed to the fact that he was … hushed attention now … praying.

    And money for that, too, from Christians flocking defiantly to his “side.”

  • Lofty

    Extians have never been any good at interpreting snake like hisses saying “back off or you’ll be sorry!!!” and anything apple related.

  • anubisprime

    It is truly a miracle that some of them can walk and breath at the same time without tripping over their IQ…

  • Matt G

    He was lucky to get the sizzle as a warning – most hot foods don’t provide that obvious clue about their temperature!

  • dingojack

    Fuck sizzling Fajitas, let’s hope here never buys a bag of Australian Green Grapes!!



  • WMDKitty — Survivor

    Uh, servers are always like, “Hot plate” — I find it hard to believe this guy didn’t know the thing was scalding hot.

  • petemoulton

    This idiot bears watching. I predict a Darwin Award in his near future, most likely from a spectacular flameout.

  • Die Anyway

    If God were any kind of decent designer he would have given us vision into the infrared range so that we could more readily detect heat and avoid being burned.

    Props to MO@2 and Synfandel@10

  • cycleninja

    “You were eating at Applebee’s…I can’t help you in that place.”


  • Trebuchet

    @21: My first thought as well — his mistake was in going to Applebees. I had a “steak” there once. It tasted sort of like meat but the texture was nothing that ever grew on a cow. Either mechanically tenderized meat or something glued together out of pink slime.

  • LightningRose

    Thank Dog I live in a town without a Applebees, Starbucks, or Denny’s.

  • dingojack

    Well OK then, someone has to say it: .


  • Gregory in Seattle

    Proof that Christians are being persecuted by Obama!