Sounds like a typical law school fact pattern for a tort case.
A property owner retains an arborist to do a routine pruning job on a set of Norwich Maple Trees in his yard.
The arborist advertises that he is both “licensed” and insured.
Upon attending at the job site, the arborist begins to unload his equipment from his van. It includes all of the normal stuff which any arborist would carry: spikes for climbing trees, ropes, counter weights, pylons and chain saws etc. But is also includes something which you shouldn’t find on any job site; an open container of alcohol; in this case a tall boy of beer.
Having an open can of beer may not seem like a big deal. The general labourers there to help the arborist tell the property owner that having a beer on the job site isn’t a problem; and that they do it all the time. They tell the property owner that this is just the way that the licensed arborist works. He needs beer to concentrate and do his job. They are trying to pass this off like it’s all normal.
The notion that a man climbing 20+ feet in the air; with a large gas powered chainsaw; needs to be fueled by alcohol isn’t normal whatsoever.
Yet, this is what the arborist and his friends tried to convey to the property owner.
In case you are wondering, that property owner was me. And I’m a personal injury lawyer. And I wasn’t having anything of it.