Legal Opinion

Davies v. Estate of Broege

Missouri Court of Appeals

Decided October 15, 2013No. SD 32378PublishedCited by 1 opinion

1Opinion of the CourtDaniel E. Scott, J.

Alleging the jury’s failure “to follow the court’s instructions” in a construction de-*304feet case, Defendant1 seeks (1) remittitur from $255,594 to $6,480, or (2) a new trial. We affirm.

Background

Plaintiffs bought a new home built by Defendant. Shortly after moving in, they noticed water accumulation in the lower level. Repeated water intrusions over the following months caused a host of problems, including foul smells, soaked carpeting, wall damage, and mold and mushroom growth. Defendant eventually sent crews to clean the house after every hard rain.

Plaintiffs sued, trying them case on a…

2Cases cited2 opinions

  1. Cole Ex Rel. Cole v. Warren County R-III School DistrictMissouri Court of Appeals · 2000
  2. Besand v. GibbarMissouri Court of Appeals · 1998

3Cited by1 opinion

  1. Davies v. Barton Mut. Ins. Co.Missouri Court of Appeals · 2017

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