Craig Cason v. Robert Bingham dba RCB Construction
Published: May 25, 1996 | Result Date: Mar. 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: 675308 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Larry J. Gliko
(technical)
Howard Dworkin
(technical)
Defendant
Wilmot F. Macklin III
(technical)
Dwight Rogers
(technical)
Facts
From 1989 to 1990, the defendant, Robert Bingham dba RCB Construction, built a single family home. The plaintiff, Craig Cason, purchased the home from the defendant in 1990. Beginning in 1990, the plaintiff alleged that he began discovering various defects with the home (including roof leaks, window leaks and improper drainage). The plaintiff brought this action against the defendant based on negligence, breach of implied warranty, strict liability and fraud theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $90,000 before trial, which was increased to $148,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $55,000.
Damages
The plaintiff claimed $130,000 in cost of repair damages. The defendant claimed the cost of repair was $43,000 (but denied all of the repairs were necessary).
Other Information
The verdict was reached approximately two years after the case was filed. A settlement conference was held on August 22, 1995, before Judge William J. Howatt, Jr., of San Diego Superior Court, Dept. 21 which did not resolve the matter. Motions are pending for costs and attorney's fees and new trial.
Deliberation
4 hours
Poll
12-0
Length
8 days
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