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SKENDER v. BRUNSONBUILT CONSTR. & DEV. CO.

No. 44959.

148 P.3d 710 (2006)

Marilyn SKENDER and David Dziurda, Appellants, v. BRUNSONBUILT CONSTRUCTION AND DEVELOPMENT CO., LLC; Brunsonbuilt Construction & Development, a Nevada General Partnership; Edward B. McCaffrey, III, an Individual and General Partner; and Douglas C. Brunson, an Individual and General Partner, Respondents.

Supreme Court of Nevada.

December 28, 2006.

Attorney(s) appearing for the Case

Hale Lane Peek Dennison & Howard and Alex J. Flangas, Reno; Molof & Vohl and Robert C. Vohl, Reno, for Appellants.

Guenther and Castronova LLP and Stephen G. Castronova, Reno, for Respondents.

Before BECKER, HARDESTY and PARRAGUIRRE, JJ.

OPINION

HARDESTY, J.

In this appeal, we address two issues. First, we clarify the proper use of comparative negligence jury instructions in constructional defect cases. We conclude that the use of a comparative negligence jury instruction is only appropriate in constructional defect cases that properly assert a negligence claim under Shuette v. Beazer Homes Holdings Corp.1 Second, we emphasize the importance of...

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