Question

Half-the-Cost Moving is in the business of moving large items of furniture. They have agreed to move a couch out of a loft apartment for the apartment owner. This can only be done between 1:00 and 2:00 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 1:30. They run to the apartment and immediately rig the hoist to the couch and return to the street. There will be one employee in the apartment to guide the couch and three in the street to lower the couch by rope to the sidewalk. It will then be loaded in the van.

There are generally a set of barricades and set up signs 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 it at that.

Kevin Kleiner is walking along the sidewalk talking on his phone and texting his friends. He is completely distracted by a cat video. He passes through the barricade into the workzone, not noticing anything. As he passes under the couch, the rope on which it is suspended breaks and the couch falls, striking Kevin and causing him severe injuries to his head, neck and back. He requires hospital care, private rehabilitation services, is off work and cannot earn money, and he cannot text his friends or watch cat videos for several months - something he really loves and which gives his life meaning.

a. Can Kevin sue Half-the-Cost Moving for compensation for his injuries? Please provide a full (four 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 Half-the-Cost? If so, which one and why is it available?
c. List and describe three (3) types of damages that Kevin could claim for and give an example of the kind of losses that they would cover.

Answer 1

Answers-

Answer-A.

Kevin can sue the Halt-the-Cost moving for compensation for his injuries. As per IRAC model, The issue is the physical injury caused due to the accident. The rule is to have proper barricade while doing the overhead work to avoid any injury, Analysis says that the injury happened due to now following the proper rule of barricading before doing the overhead work.

The conclusion is that the injury can be attributed to the negligence of the firm.

Answer-B.

The only defense available to the firm would the negligence at Kevin's end as while walking he was not careful and was indulged in watching a video.

Answer-c.

The three types of damage that can be asked are as follows:

a. Compensatory damage: Lost income and medical care.

b. General damage: Pain and anguish for not enjoying life as before like watching the video in this case.

c. Punitive damage: Not able to earn like before or the future difficulties arising due to the injury.

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