A New Jersey appellate court says a man cannot seek damages for burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet at a restaurant.
The ruling made public Wednesday upheld a lower court ruling that dismissed his lawsuit. The man claimed a waitress didn't warn him the dish was hot, but the lower court found the food posed an "open and obvious" danger.
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It happened in 2010 at an Applebee's in Burlington County.
The man 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 man said he panicked and knocked the food on his lap, causing more burns. The burns didn't cause scarring.