Newberry v. D. R. Horton, Inc.

Pope, Chief Judge.

Plaintiffs brought this breach of contract and negligent construction action against defendant homebuilder. The trial court granted defendant’s motion for directed verdict as to plaintiffs’ claims for negligent construction, punitive damages and expenses of litigation, and the jury returned a verdict for defendant on plaintiffs’ breach of contract claim.

1. Plaintiffs state in their brief, “[t]his appeal is limited to the refusal of the [trial] court to charge and instruct the jury on the plaintiffs’ theories of negligent construction, the damages rules applicable and the…