Plaintiff Hiram Jimenez appeals from an order entered by the Law Division on December 6, 2013, granting summary judgment in favor of defendants. We affirm. This appeal arises from the following facts. On March 4, 2010, plaintiff met his brother Rafael at an Applebee’s Neighborhood Grill (“Applebee’s”) in Westampton, New Jersey. After they were seated in a booth, plaintiff and his brother ordered their meals. Plaintiff ordered a steak fajita. He spoke with Rafael until a waitress brought the food to their table. According to plaintiff, his meal was served in a “sizzling skillet,” which the waitress placed “right in front of [him].” Plaintiff described the dish as “real dark,” smoking, sizzling and “real hot.” According to plaintiff, the waitress did not say anything when she served the food, other than to “enjoy your meal.” After the waitress walked away, Rafael “reached over and said let’s have prayer.” Plaintiff bowed his head “[c]lose to the table.” Plaintiff said he heard a loud, sizzling noise, followed by “a pop noise,” and then felt a burning sensation in his left eye and on his face. 

Questions 

1. Why did the appellate court affirm the trial court’s decision to grant Applebee’s summary judgment? 

2. The appellate court used a state supreme court decision regarding social hosts’ liability as precedent. Why did the appellate court view that case as relevant to a restaurant’s liability to its customer? 

3. Sutton bought a McDonald’s fried chicken sandwich at a truck stop. When he bit into the sandwich, Sutton said, “the grease from the inside of the chicken sandwich spread out all over my bottom lip, my top lip, down onto my chin.” Sutton immediately dropped the sandwich. His wife dabbed his face with ice as blisters formed on his lips. Sutton reported the incident to a pair of McDonald’s employees, one of whom reportedly said, “This is what happens to the sandwiches when they aren’t drained completely.” Sutton’s lips continued to bother him. He went to a doctor who provided lip balm and told Sutton to avoid excessive exposure to sunlight. Sutton thereafter sued McDonald’s and the local franchise owner for negligence, among other claims. How is this case different from Jimenez v. Applebee’s? How is it similar? Should McDonald’s and the franchise owner be held liable for Sutton’s injuries? Decide. Explain.