Capitol Builders, Inc. v. Shipley

BUCHANAN, Chief Judge.

ON PETITION FOR REHEARING

Defendant-appellant Capitol Builders, Inc. (Capitol) petitions for rehearing of our August 31, 1982 decision, which appears at lnd.App., 439 N.E.2d 217.

Plaintiffs-appellees David L. Shipley and Elaina J. Shipley (the Shipleys) obtained a $10,000 judgment in their action against Capitol for negligence and breach of warranty in constructing a home. On appeal, Capitol argued that the trial court erred by reading a verdict-urging instruction, commonly known as an “Allen” charge, to the jury.

The record before us on appeal disclosed that among…