Shawn Stevens v. Markirk Construction, Inc., and Kirk Jones

Shawn Stevens filed suit against Kirk Jones and his property development company, Markirk Construction, Inc., alleging fraudulent misrepresentation in connection with the negotiation and sale of a subdivision lot. Mr. Stevens sought to submit two alleged misrepresentations by Mr. Jones: that the lot “would not flood” and that Mr. Jones falsely promised that he would remedy any flooding problem experienced on the lot if it did flood.

The trial court held, over Mr. Stevens’ objection, that the jury had to find that Mr. Jones knew that these representations were false when he made them. Mr.…