CASE PROBLEM:

Martellio Bennetto and Adam Pacman Bones are employed by Streaks-B-Gone's Windows in Eugene, NM, USA. Eugene has an ordinance in effect that states that:

All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding while being used and present on the scaffolding on floors above five (5) stories.

Eugene Ordinance Section 001.02.2012

Martellio Bennetto and Adam Pacman Bones, employees of Streaks-B-Gone, were working on two separate sets of scaffolding, positioned about two feet apart, and washing windows on the 15^th floor of Scotch's LLC building. Adam Pacman Bones ran out of soap and asked Martellio Bennetto to pass him a five (5) pound bottle of soap. The soap bottle was hooked with a Tall-n-Latch (manufactured and distributed by Scotch's Inc.) clip made of a metal called scandium to Martellio Bennetto's toolbox.

Martellio Bennetto tossed the bottle of soap to Adam Pacman Bones, and Adam Pacman Bones missed the bottle, it fell over the side of the scaffolding and the Tall-n-Latch clip broke. The bottle fell fifteen floors to the ground. The bottle hit Betsy DeVise on the head while she was walking directly beneath the scaffolding. The area below the scaffolding was surrounded by "caution" tape that cordoned off the area directly below the scaffolding. Betsy DeVise was walking inside the caution tape when the bottle hit her. The impact from the bottle caused Betsy DeVise to fall, knocking her into Main Street. Betsy DeVise suffered a concussion from the bottle, and abrasions to her face from falling into the street.

The speed limit on Main Street is 20 miles per hour. Elizabeth Smart is the owner and transport driver for Freaky Fireworks, Inc. (FFW). As part of its business, FFW transports highly dangerous fireworks to areas in Eugene, NM. Elizabeth Smart was driving a truck owned by FFW, Inc. and was traveling at approximately 40 miles per hour when Betsy DeVise fell into the street. Elizabeth Smart swerved to avoid hitting Betsy DeVise, and slammed on the brakes. The brakes were manufactured and sold by Scotch's Inc. The brakes failed and the FFW truck lost control due to its speed and crashed into a Eugene, NM City Train crossing Main Street.

The Train, owned and operated by the City of Eugene, NM, had run a red crossing light when it crossed the street. Upon impact, the FFW truck exploded, the Train was damaged, and 20 Eugene citizens on the train were severely injured.

Eugene Police Department arrived on the scene and arrested the Train Engineer. The Train Engineer, while in the police car, admitted to smoking marijuana about 15 minutes before the accident. He was later charged with possession and use of an illegal substance.

Following the incident, Adam Pacman Bones, who was angry at Martellio Bennetto for throwing the bottle, climbed over to Martellio Bennetto's scaffolding and broke with electronic lift causing Martellio Bennetto to be stuck on the 15^th Floor for one (1) hour. Martellio Bennetto was unable to lower the scaffold and could not get off the scaffold through any open window. He was on the scaffolding for the next hour until the fire department arrived and removed him. (hint: Martellio Bennetto claims distress and tort due to being left on the scaffolding).

Following the incident, the Eugene, NM Police Department (EPD) went to Adam Pacman Bones' house, broke down the front door, and arrested Adam Pacman Bones for leaving Martellio Bennetto on the scaffolding, damaging property, and causing the events. EPD did not have a warrant.

QUESTIONS:

1. Please state what claims and defense Scotch Inc. has as well as FFW Inc, City of Eugene (owner of train), train engineer, and the 20 citizens