Question: the traffic is particularly bad and the movers do not get to the apartment until 1 2 : 3 0 . They run into the
the traffic is particularly bad and the movers do not get to the apartment until : They run into the apartment and immediately attach the ropes to the piano and return to the street. There will be one employee in the apartment to guide the piano and three in the street to lower the piano by rope to the sidewalk. It will then be loaded into the van.
Usually there is a set of cones and signs that are put across the sidewalk to warn of the overhead work. Since they are running late and the street isn't very busy, the movers decide to place an orange cone at either end of the truck and leave it at that.
Sally Satcl II a fitness instructor, is walking along the sidewalk listening to music on her phone wearing noisecanceling headphones. She is also texting her friends. As she passes under the piano, the rope on which it is suspended breaks and the piano falls, hitting Sally and causing her severe injuries to her head, neck and back.
a Can Sally sue Butterfingers Moving for negligence? Please provide a full five step analysis in support of your answer. marks
b Are there any special defences Ie other than "I am not negligent" available to Butterfingers Moving? If so which one and why is it available? marks
c List and describe three types of damages that Sally could claim for and give an example of the kind of losses that they would cover. marks
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