MILWAUKEE, WI (WTAQ) - The 2nd District Court of Appeals tosses out a 125 thousand dollar judgment against a West Bend restaurant.

Kevin Hansen patronized the Texas Roadhouse in February 2008.

When he complained his steak was overcooked, a manager offered him another steak which he could take home. Cook Ryan Kropp thought Hansen was trying to get a free meal, so he stuffed some of his own hair into a slit he cut into the new piece of meat.

Hansen sued and a jury found the restaurant wasn’t negligent and Kropp had acted on his own.

Nonetheless, the jury still found Texas Roadhouse owed Hansen $125,000 in punitive and compensatory damages.

The appeals court ruled the damage award was improper.

It decided the restaurant didn’t cause the cook’s conduct.