A basketball-sized chunk of Vermont marble fell from the U.S Supreme Court buildings moulding faade just as a group of people waiting in line in

A basketball-sized chunk of Vermont marble fell from the U.S Supreme Court building’s moulding façade just as a group of people waiting in line in front of the court to go in and hear arguments entered the building. The chunk fell directly in the middle of the path of entry up to the court. The marble façade had been inspected two years earlier and no indication of problems found. Those who had been waiting outside the building were very upset when they heard of the falling marble. If one of them filed a lawsuit for assault, is he likely to win?