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Defense Verdict for Homeowners in Premises Liability Case

Jonathan Kelly obtained a defendant’s verdict in a case where the plaintiff alleged to have slipped and fallen on an ice/snow covered exterior staircase at a home owned by his client.  At the time of the fall, an extensive interior renovation was being performed therefore, the homeowners were not living in the residence.  The plaintiff was one of the tradesmen working on the renovation project.  It was disputed whether Attorney Kelly’s clients or the general contractor should have been responsible for snow removal of the subject staircase and whether the plaintiff bore the majority of fault for the accident.   A successful motion in limine at trial eliminated another possible avenue of liability for the clients when it resulted in the preclusion of the plaintiff’s liability expert, who was planning to testify to purported safety code violations related to the stairs and handrail.  The plaintiff claimed significant past and future medical expenses supported by the testimony of a lifecare planning expert.  The plaintiff’s last settlement demand was for $775,000.  The jury ultimately returned a verdict in favor of the client homeowners, finding that they did not owe a duty to the plaintiff since they were not in possession and control of the staircase at the time of the incident, and that the degree of negligence exhibited by the plaintiff precluded him from recovering an award, regardless.

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Jonathan W. Kelly
Litigation & Dispute Resolution
Insurance