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Construction
Negligent Construction
Single Family Dwelling

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

Charles R. Hayes

Court

San Diego Superior


Attorneys

Plaintiff

Carolyn Kaye


Defendant

William A. Orzel


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


#109466

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