Jonathan Kelly obtained a defense verdict for two new homeowners in a case where the plaintiff fell due to a six-inch collapse of a portion of asphalt as he walked up their driveway.  The plaintiff claimed an injury to his knee and produced at trial an orthopedic surgeon who identified the plaintiff as a candidate for two future surgeries due to his injuries.  Over objections, the court allowed the plaintiff to introduce into evidence photographs of holes and cracks in multiple portions of the driveway as well as a pre-incident home inspection report that referenced these conditions.  Attorney Kelly argued that the incident was not foreseeable because, while the photographs and the home inspection report did identify a need for repair of the driveway, generally, they did not specifically identify the area where the collapse occurred as a problem, nor did they suggest that there was any potential for a driveway collapse.  By way of interrogatories submitted to the jury, it was shown that the jurors agreed with this argument, and they returned a verdict in favor of the client homeowners.

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