Smith v. Lucky Stores, Inc.

Plaintiff Margaret Smith appeals from a judgment after a court trial in favor of defendant Lucky Stores, Inc.

Facts

We rely chiefly on the statement of the undisputed facts in appellant’s brief.

Defendant Lucky Stores hired QRS Corporation, as an independent contractor, to remove a sign from a store named “Ardens,” owned by defendant. The letters spelling out “Ardens,” were each about 6 feet high and 2Vi feet wide and weighed between 50 and 60 pounds.

Two QRS employees parked their truck with its crane and other sign moving equipment on the street by the curb directly in front of defendant’s store. The QRS men set up a 28-foot metal ladder across the sidewalk, up to the marquee above the store entrance. Under the 28-foot ladder they set up a smaller wooden ladder in its extended or A-position. The smaller ladder was intended as a warning to persons using the sidewalk. However, no warning signs were posted and no barricades or ropes set up.

A crane was mounted on the QRS truck from which the two workmen extended a boom up the parapet wall where the ARDENS sign was located. One workman unbolted the letter A and hooked it onto a steel cable pulley attachment on the…