Fast Piano Deliveries is in the business of delivering pianos and other large musical instruments. They have agreed to deliver a piano to 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 employees of Fast Piano Deliveries do not get to the apartment until 1:30. They run to the apartment and immediately set up the host to lift the piano into the apartment through the sliding door on the balcony of the apartment. There will be two employees in the apartment to guide the piano and two in the street to help raise the piano from the sidewalk to the balcony.

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 workers decide to place orange cones on the curb at either end of the truck and leave it at that.

Kyle Klenning is walking along the sidewalk talking on his phone and texting his friends. As he passes under the piano, the rope on which it is suspended breaks and the piano falls, striking Kyle and causing him severe injuries to his head, neck and back.

a. Can Kyle sue Fast Piano Deliveries for compensation for his injuries? Please provide a full (four step) analysis in support of your answer. (13 marks)

b. Are there any special defences (i.e., a defence other than "I am not negligent") available to Fast Piano Deliveries? If so, which one and why is it available? (2 marks)

c. List and describe three (3) types of damages that Kyle could claim for and give an example of the kind of losses that they would cover. (6 marks)