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O'HARA v. DAVID BLAIN CONSTRUCTION, INC.

160417923; A130545.

173 P.3d 1257 (2007)

216 Or. App. 384

Mark O'HARA, Mary Jane O'Hara, Katelyn O'Hara, and Kyle O'Hara, a minor child under 18, Plaintiffs-Appellants, v. DAVID BLAIN CONSTRUCTION, INC., an Oregon corporation; David Blain, individually; and Home Comfort Heating & Air Conditioning, Inc., an Oregon corporation, Defendants, and Berry Architects, PC, an Oregon professional corporation; Loren Berry, individually; Ronald N. Eakin, Ltd.; and Ronald N. Eakin, individually, Defendants-Respondents. David Blain Construction, Inc., an Oregon corporation, Third-Party Plaintiff, v. John M. Baumgartner, Builder, an Oregon limited liability company; The Truss Company, Inc., an Oregon corporation; Globe Electric; Gibson Steel, an Oregon corporation; and Lincoln Windows, Third-Party Defendants.

Court of Appeals of Oregon.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Stuart M. Brown, Eugene, argued the cause and filed the briefs for appellants.

Lawrence F. Cooley argued the cause and filed the brief for respondents Loren Berry and Berry Architects, PC.

Wade R. Keenon, Tigard, argued the cause and filed the brief for respondents Ronald N. Eakin, Ltd. and Ronald N. Eakin.

Before EDMONDS, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

EDMONDS, P.J.

Plaintiffs appeal after the jury returned a verdict for the Eakin defendants (Ronald Eakin individually and Ronald Eakin, Ltd.) and against the Berry defendants (Loren Berry individually and Berry Architects, PC) on plaintiffs' claim for negligence due to the presence of toxic mold in their newly constructed residence. The jury also found for the Berry defendants on plaintiffs' breach of contract claim. We affirm.

On appeal, plaintiffs make six...

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