BRIAN SWARD, SANDI SWARD and JEFFREY BRIAN SWARD, A Minor Child by and through his Next Friends, BRIAN SWARD and SANDI SWARD, Plaintiffs, vs. NELSON CONSTRUCTION, INC., A Corporation, GRUNDMAN-HICKS CONSTRUCTION COMPANY, INC., A Corporation, and HY-VEE FOOD STORES, INC., A Corporation, Defendants.