Court: Man burned by fajitas while praying can’t sue eatery

Applebees (AP Photo/Tom Gannam, File)

TRENTON, N.J. (AP) — 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.

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.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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