Jaeger v. Cleaver Construction, Inc.

¶[1 Steven Jaeger and Susan StevensJaeger sued Eric and Jill Cleaver and Cleaver Construction, Inc., for negligence after three landslides damaged the high-bank waterfront property the Jaegers had purchased from the Cleavers. The jury awarded over $400,000 in damages to the Jaegers, but it apportioned 85 percent of the liability to the Jaegers for negligently contributing to the harm and failing to mitigate their damages. The Jaegers appeal, arguing principally that (1) the evidence was insufficient to support the jury’s finding of contributory fault, (2) the trial court erred in instructing…