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
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
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
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