Wood. v. D. G. Jenkins Homes, Inc.

Andrews, Presiding Judge.

We granted Fred and Jacquelyn Wood’s application for interlocutory appeal from the trial court’s order prohibiting them from introducing similar acts evidence in their action against D. G. Jenkins Homes, Inc. (Jenkins) for trespass, negligent design, negligent construction, and punitive damages. Because we conclude the trial court abused its discretion in finding that the potential for undue prejudice and confusion outweighed the probative value of the evidence, we reverse.

This action arose when Jenkins built a house and crosstie wall for the Gosses (Goss house) on…