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Thurston v. Nelson

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Wednesday, November 13, 2013

A-13-0056, T. Sidney Thurston and Jean Thurston  (Appellants) v. Robert Nelson, d/b/a Nelson Construction and Nelson Construction & Custom Homes, Inc.

District Court for Grant County, District Judge Travis P. O’Gorman

Attorney for Appellants:  Gregory J. Beal (Beal Law Firm)

Attorney for Appellees:  James L. Zimmerman

Civil Action:  Breach of contract, negligence, breach of implied warranty

Action taken by the Trial Court:  The jury returned a verdict in favor of the defendants.

Assignments of Error on Appeal:  Did the trial court err in excluding testimony from the Thurstons’ expert witness as to whether Nelson’s work was done in a workmanlike manner? Did the trial court err in failing to give separate or alternative instructions on the Thurstons’ cause of action involving negligent construction on the part of Nelson? Did the trial court err in not giving a separate or alternate instruction on the Thurstons’ third cause of action as to implied warranty? Did the trial court err in the way the instruction was given to the jury because the cumulative effect appeared to be that unless the jurors found that there was an express contract between the parties there was no other theory of recovery upon which the Thurstons could prevail?

This page was last modified on Wednesday, October 15, 2014