Gerald T. and Jonna Heaton sued their builders after the foundation of their new home shifted twice, during construction, necessitating substantial repairs and modifications. They sued alleging contract violations and negligence, but only the negligence theories went to trial. Ultimately, the jury awarded them more than $70,000.00 in costs to repair and another $200,000.00+ for diminution in market value. The Defendants argued that Heatons should not have been allowed to recover both forms of damages.






