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Personal Injury (Vehicular)
Auto v. Auto
Lane Change Collision

Phillip Bingham and Monica Bingham v. Martha Arnold

Published: Nov. 15, 1997 | Result Date: Oct. 1, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 215674 –  $95,385

Judge

Beauford H. Phelps

Court

Santa Barbara Superior


Attorneys

Plaintiff

Paul E. Kremser Jr.


Defendant

Russell D. Hiles


Experts

Plaintiff

Robert D. Byers
(medical)

Elmore Smith
(medical)

Robert G. Klein
(Law Office of Robert G Klein) (medical)

Don Gibson
(medical)

Defendant

Daniel Ovadia
(medical)

Facts

On Oct. 10, 1995, plaintiff Phillip Bingham, a 35-year-old pool maintenance man, was traveling eastbound on Cabrillo Boulevard in Santa Barbara. Defendant Martha Arnold was also traveling eastbound in another lane. Defendant began a lane change to her left and struck the plaintiff's vehicle. The plaintiffs, husband and wife, brought this action against the defendant based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $50,000 (policy limits) lowered to $40,000 on first day of trial. The defendant made an offer of $18,000 on the first day of trial, raised to $25,000.

Injuries

Phillip Bingham suffered injury to mid-back, treated with medication, physical therapy and injection therapy. Monica Bingham claimed loss of consortium.

Other Information

The verdict was reached approximately one year after the case was filed. Several settlement conferences were held before the Hon. James Slater of Santa Barbara Superior Court. They did not resolve the matter.

Deliberation

five hours

Poll

10-2 (liability and damages)

Length

five days


#112886

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