Reference no: EM132489213

Butterfingers Moving is in the business of moving large items of furniture. They have agreed to move a piano out of a loft apartment for the apartment owner. This can only be done between noon and 1:00 p.m. on the agreed upon day. On the day in question the traffic is particularly bad and the movers do not get to the apartment until 12:30. They run to the apartment and immediately rig the hoist 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 in the van.

There are generally a set of cones and signs that are put out on the sidewalk to warn of the overhead work. Since they are short on time and the street isn't very busy, the movers decide to place orange cones on the curb at either end of the truck and leave at that.

Sally Satchel is walking along the sidewalk listening to her portable music device and texting her friends. As she passes under the piano, the rope on which it is suspended breaks and the piano falls, striking Sally and causing her severe injuries to her head, neck and back.

(a) Can Sally sue Butterfingers Moving for compensation for her injuries? Please provide a full (five step) analysis in support of your answer.

(b) Are there any special defences (i.e. a defence other than "I am not negligent") available to Butterfingers? If so, which one and why is it available?

(c) List and describe three (3) types of damages that Sally could claim for and give an example of the kind of losses that they would cover.