Appeals Court Reinstates Full $300,000 Verdict for Buyers of New Home

COLUMBUS, Ohio - An Ohio appeals court has reversed a trial court's decision to reduce a construction defect verdict from $300,000 to $153,513, saying jurors had considered the mitigation issues raised by the trial judge in reaching their verdict on damages. Van Beusecum, et al. v. Continental Builders Inc., No. 06CAE12-0095 (Ohio Ct. App., 5th Dist.).

The 5th Appellate District also overruled the builder's assignments of error, including its reliance on an earlier settlement agreement that stipulated that if plaintiffs took up residence in the house they would be taking it "as is."

Franklin J. and Lisa Van Beusecum …