Mike (a contractor) agreed with Jean (a homeowner) that Mike would replace an old roof on Jean's house with a new roof in New York City. A state regulation required Mike to wear, at all times, a safety harness and rope while on the roof, so that if he fell from the roof, the harness and rope would prevent him from hitting/falling to the ground. Before starting the job, Mike told Jean to not come out her front door while he was on the roof, because he did not want any roof shingles to fall on her head.

While Mike was working on the roof, Jean came out the front door and yelled up to Mike asking him if he wanted a soda. Jean's yell startled Mike and as a result, the shingles he was holding slipped from his hand and hit Jean's head causing her injury. In addition, as a result of being startled, Mike's feet slipped and he fell from the roof and broke both his legs.

Dr. Wu and his nurse/employee Nell were driving by and saw the two injured people on the ground. Dr. Wu provided no medical care to Mike but Nell did, and as a result of the poor care that Nell provided, both Mike's legs had to be amputated. An ambulance arrived to transport Jean to the hospital. As the ambulance was driving by the stone quarry owned by Company Z, a planned dynamite explosion from the quarry caused a rock to fly through the ambulance window and strike Jean in the stomach, killing her.

Neither Dr. Wu nor Nell had treated Jean. Jean's Estate sues Mike and Company Z in Tampa Florida Criminal court. Mike sues Dr. Wu and countersues Jean's Estate for among other injuries he was unable to enter and win a dance contest.

What will Mike argue? What will Jean's Estate argue? How will the court rule on this case? Provide justification for you decision.