A New Jersey appellate court says a man can not seek damages for burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet at an Applebee 's restaurant . The ruling made public Wednesday upheld a lower court ruling that dismissed his lawsuit . The man - identified in court papers as Hiram Jimenez - claimed a waitress did n't warn him the dish was hot . The lower court , however , found that the food posed an 'open and obvious ' danger . Ruling : A New Jersey appellate court says a man can not seek damages from Applebee 's for burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet at a restaurant . The incident happened in March 2010 at an Applebee 's restaurant in Westampton , New Jersey . Jimenez said he bowed his head , then heard a loud sizzle followed by a grease pop . He then felt a burning sensation in his left eye and on his face . Jimenez said he panicked and knocked the food on his lap , causing more burns . The burns did n't cause scarring . The appellate court ruling said 'Plaintiff alleged that , on March 4 , 2010 , while a business invitee at Applebee 's , he was injured solely as a result of defendants ' negligence when he came in contact with a dangerous and hazardous condition , specifically , `` a plate of hot food . '' ' 'Here , the danger posed by a plate of sizzling hot food was self-evident , ' the ruling said . 'Therefore , we conclude that the motion judge correctly determined that defendants had no duty to warn plaintiff that the food was sizzling hot and should be approached with due care . ' Darren Audino , an attorney representing Applebee 's , declined to comment . A message seeking comment from Jimenez 's attorney , Richard Wiener , was n't immediately returned . In prayer : Hiram Jimenez said he bowed his head , then heard a loud sizzle followed by a grease pop . He then felt a burning sensation in his left eye and on his face .
The ruling said Hiram Jimenez can not seek damages for injuries he suffered while bowing his head in prayer over a sizzling steaming fajita dish . Jimenez claimed a waitress did n't warn him the dish was hot . The lower court found that the food posed an ' open and obvious ' danger . An appellate judge said ' the danger posed by a plate of steaming hot food was self - evident '