Ball Ball Partner Gerald C. Swann, Jr. recently took to jury verdict a construction defect case. The case involved the construction of a residence with the homeowner claiming numerous construction issues and seeking damages for loss in value, costs to remedy defective conditions along with mental anguish and emotional distress.
Prior to trial, the Plaintiffs had demanded $70,000 while the Defendant made an offer of settlement of $21,000. During closing arguments, the Plaintiffs asked the jury to return a verdict of $100,000. At the conclusion of the three-day trial and two hours of deliberation, the jury returned a verdict of $25,000. On post-trial motions, the Court remitted the verdict to $20,000 and denied the Plaintiffs’ request to award attorney’s fees and costs.
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