Case Results

Defective/Dangerous Product; Defective Packaging; Failure to Warn; Defective MSDS (Material Safety Data Sheet) - Case involved a 41 year old water truck driver for natural gas company treating "fract" tanks with bacteria killing chemical to prepare for drilling for natural gas. Client suffers catastrophic pulmonary injury when exposed to toxic chemicals packaged in plastic bags when package exploded in face and client ingested toxic bactericide into lungs and nasal passages. MSDS failed to warn end user of need for personal protective equipment. Case filed initially in state court; Defendant removes case to United States District Court in Denver. Plaintiffs (Worker and wife) represented by Daniel P. Gerash, Esq. and Eric L. Steiner, J.D., M.D. Litigation commenced. Firm retains several experts including packaging expert, MSDS expert, vocational rehabilitation expert, and economist. Case settles prior to trial for substantial sum subject to confidentiality agreement

Traumatic Brain Injury - Bouncers at local Denver nightclub ruthlessly beat client outside of club at closing time causing orbital fracture and mild traumatic brain injury. Extensive neurological evidence presented to the jury during the trial ultimately resulting in jury verdict in favor of Plaintiff in excess of $100,000. Case settled for confidential amount in lieu of the Defendant filing an appeal.

Fatal Automobile Accident - Clients, heirs of deceased father killed in automobile accident while their son is driving deceased father to visit relative in prison. Son, a recently licensed driver, allegedly falls asleep at the wheel, hitting another vehicle going head on. Deceased father (grandfather) is killed instantly while driver survives largely uninjured. Case against driver settles for policy limits before litigation commenced.

Intersection Accident - A retired woman was stopped at an intersection when another car failed to yield and collided with her vehicle totaling her car. Client suffered from cervical and thoracic strain, sternal fracture, left index finger strain, left foot contusion and metacarpophalangeal thumb sprain requiring surgery. An undisclosed confidential settlement was reached before litigation commenced.

Nightclub Owner Negligence / Failure to Provide Adequate Security - Case involved 44 year old husband, business owner, father of two who goes to local neighborhood tavern and is brutally murdered (blunt force trauma using bar stools) by a group of gang members. Nightclub/Bar had history of violence, yet provided no security person(s), no security cameras, and inadequate staff members to deal with violence within establishment. Complaint filed but case settles prior to initiation of significant litigation for substantial amount subject to confidentiality agreement.

Fatal Accident - Deceased client, age 53, volunteering painting the outside of his local church. Church owns 10 year old lift (crane) manufactured by Genie. Unbeknownst to client, church had cut wires in lift to enable users to go up in lift without using stabilizer bars on bottom. Church maintenance department allegedly fails to supervise. Client goes up 30 feet to paint a missed area without stabilizing bars and lift tips over. Client is impaled on iron railing. Client is severely brain damaged, blind, and ventilator dependent for four months. Miraculously weans off ventilator and starts physical therapy. Unfortunately passes away six months post accident. Case settled for confidential amount before litigation commences.

Hospital Staff Neglect - Deceased client with history of mental health disorders checks into in patient substance abuse treatment center because of suicidal ideation. Client is placed in "observation" room to be consistently monitored by front desk staff. Event occurs in different part of hospital and attendant at front desk leaves for a half an hour. When attendant returns to check on client, client had hung him/herself with a bed sheet. Case currently in litigation.

Police Brutality - A father of 4 is abused by the Manitou Springs Police Officer after a routine traffic stop causing him serious bodily injury. The Defendants, knowingly and with deliberate indifference to his constitutional rights, applied grossly excessive force to the Plaintiff. It was further alleged that the Chief of Police and the City of Manitou Springs have adopted policies, customs, procedures or practices of excessive use of force. Case resolved for a confidential amount prior to trial.

Police Misconduct - The father of a 30 year old woman with schizophrenia creating a disturbance in her apartment calls police for a civil assist. Police officers arrive and confront decedent. She has a candelabra in her hand and police officer approaches her, allegedly instigates an altercation and shoots her five times, killing her. Case settled on behalf of woman's parents for a confidential amount with local municipality shortly after litigation is commenced in United States District Court.

Police Brutality - A young man is stopped by police after leaving a liquor store with a six pack of beer. Young man gets scared as he is on probation for non-violent offense and runs. Police officer gets in car and chases young man across a park and onto a residential street where he hits him fracturing his leg in several places. Litigation initiated in United States District Court. Case settled for a confidential amount before trial.

Inadequate Medical Care - May 25, 2007 - Boulder Jury returns $1,000,000.00 verdict in favor of Plaintiffs represented by Daniel P. Gerash, Esq. and Eric L. Steiner, J.D., M.D., against a Boulder County hospital and Neurologist for providing inadequate medical care to a 56 year old male client who was hospitalized at the hospital for transient ischemic attacks (TIAs), a known precursor to stroke, and later went on to suffer a catastrophic stroke. The jury found that the hospital and physician were both negligent, and that their negligence caused their clients injuries as the basis for their verdict.

Birth Injury - Medical malpractice case for birth injury. Case involved a hospital and an obstetrician who allegedly failed to deliver a baby in a timely and appropriate manner. The case also alleged the failure of the hospital's vacuum suction device to work properly. The birth resulted in a severe brain injury to the baby. The family was represented by Daniel P. Gerash along with his father Walter L. Gerash. The case was ultimately settled for a confidential amount.

Physician/Hospital Malpractice - Medical malpractice case against family physician, pulmonologist, and hospital staff (nurses and respiratory therapists) for alleged failure to adequately and appropriately treat client with respiratory failure while in hospital suffering impending respiratory arrest. The client was not timely intubated to assist labored breathing before suffering respiratory arrest resulting in catastrophic brain injury and vegetative state. Case settled approximately two weeks before trial for a confidential amount.

Surgeon Malpractice - Medical malpractice action against surgeon who presumably left a surgical sponge in client's chest during heart surgery. The sponge created embolism that led to death of client. Family represented by Daniel P. Gerash, then with Gerash, Prugh, & Gerash, P.C.. Case was settled for a confidential amount.

Medical Negligence case against two physical therapists working for hospital in rural Colorado town, which perform physical therapy on Plaintiff outside scope of doctor's prescription, and causes paralysis from waist down. Settled for seven figures.

Medical Negligence case arising from negligent care in jail setting. Medical staff ignores Plaintiff's complaints of back pain for several days resulting permanent spinal injury rendering Plaintiff a quadriplegic. Confidential, but substantial settlement before litigation commences.

Medical Negligence case involving negligent care in hospital where Plaintiff, who was a fall risk, was allowed to walk on own, fell, and sustained significant and ultimately fatal injuries. Case settled before litigation.

Failure to Diagnose - Case alleging an undiagnosed hematoma after hernia surgery resulting in loss of client's (only) testicle rendering him impotent and without the ability to produce testosterone. Attorney/physician Eric Steiner represented this client. This case settled for a confidential amount.

Pharmaceutical Error - Two families as current clients involving pharmaceutical overdoses to infants in the hospital setting.

Wrongful Death as a Result of Medical Negligence - Medical malpractice action in which we made claims against a surgeon, nurse and health care institution systemically failing to properly diagnose and treat a 28-year old woman who developed symptoms of deep vein thrombosis following knee arthroscopy. The lack of prompt medical attention led to the death of the client from a Pulmonary Embolism. Case was settled for a confidential amount.

Failure to Diagnose - Case involving client, represented by Dr. Eric Steiner, J.D., M.D,. who complained to physician about problems urinating. Physician seemingly fails to work up patient appropriately in spite of documented laboratory evidence of impaired renal function and a physical finding of an enlarged prostate. The Physician's alleged failure to diagnose these problems caused patient to develop renal failure requiring dialysis. Case settled for confidential amount.

Motorcoach Accident - June 14, 2006: Arapahoe County Jury returns $184,129 in favor of Plaintiff represented by Daniel P. Gerash, Esq, a 73 year old tourist was on a motorcoach vacation with his wife in Europe in September, 2001, when he was negligently pushed into oncoming traffic by the motorcoach driver in Rothenburg, Germany who was parked illegally while loading his passengers. The jury found in favor of Plaintiff against Defendant Group Voyagers Inc., d/b/a Globus on claims of negligence, respondeat superior and breach of contract. The Defendant, a division of an international travel company that organizes and provides motorcoach tours around the world, sold the Plaintiff and his wife their vacation package. The trial court granted Plaintiffs post trial motion and awarded pre-judgment interest of $86,098.05 on the jury verdict for a total judgment of $270,227.05.

Tour Bus Crash - A mass tort litigation in Federal District Court representing 26 Plaintiffs of multi-nationalities involving a tour bus crash near Venice Italy. Injuries of clients ranged from a fatality, catastrophic injuries, broken bones, post traumatic stress disorders, and economic loss. Complex litigation involving local, federal, and international law. Defendants included a local tour operator out of Littleton Colorado and a motor coach company in Portugal. The clients were represented by Gerash Steiner, P.C. lead by partner, Daniel P. Gerash, along with co-counsel Anolik and Pevzner in San Francisco, California. A confidential settlement was reached with the Defendants after nearly five years of litigation. Published case at Cameron v. Cosmos, 308 F.Supp.2d 1232 (D.Colo. 2004) highlight the complexity of the litigation that Gerash Steiner, P.C. was instrumental in attaining a successful outcome.

Helicopter Accident - Helicopter crash case involving a decorated military pilot flying a helicopter while fighting a wild fire in the state of Arizona when an alleged product failure caused the helicopter to crash. Our client suffered severe burns on the majority of his body including his head and face. Daniel P. Gerash, along with his father Walter L. Gerash and William Wimsatt of Los Angeles, California successfully settled with the manufacturer of the part which failed for a confidential amount.

Plane Crash - Personal Injury case against estate of pilot of experimental plane when pilot error caused the plane to clip a fence before the runway on landing and crashed in El Cajon, California outside of San Diego. Pilot was killed in accident and client passenger suffered a serious crush injury to her foot. Lawsuit was filed in state of Washington with co-counsel Robert Hedrick of Hedrick & Smith, LLC of Seattle, Washington. Mr. Gerash and Mr. Hedrick were able to settle the case for $390,000 against the estate of the pilot at fault. (Mr. Hedrick is licensed to practice aviation law in Colorado and is available to serve as co-counsel in the firm's aviation cases).

Cruise Ship Negligence / Medical Malpractice - Case involved 75 year old retired school administrator and his wife who were both physically fit and active at time they booked their Mexican Riviera cruise on major cruise line. On second day of cruise, Plaintiffs attend a line dance class. The class was crowded and negligently conducted causing Plaintiffs to fall over chairs stacked on sides of dance floor. Plaintiff develops lower back pain and is treated by ship doctor who allegedly administers non-sterile steroid injections in lower back. Plaintiff eventually is kicked off the ship in Mexican city where he undergoes gall bladder surgery which appears to have been unnecessary. Shortly after returning to Colorado, he is diagnosed with spinal infection as a result of the non-sterile injection(s). Plaintiff nearly dies from complications of infection, but ultimately recovers but never returns to health he enjoyed before cruise. Case settles a month before trial in Federal District Court in State of Washington for a substantial sum subject to a confidentiality agreement.

Premises Liability case involving an 8 year old child who fell off staircase that had deficient and non-code compliant hand rail which was out of code. Child suffered internal injuries requiring hospitalization but no surgery. Case settled prior to litigation.

Premises liability litigation involving an elderly woman who was struck by merchandise displayed outside at a major grocery store. Client suffered fractured hip which required surgical intervention and prolonged hospital stay. Defendant denied liability due to client assuming the risk for visiting the grocery store. Case settled a month before trial for a six figure settlement.

Business Negligence - Negligence action against nightclub: Case tried to jury resulting in plaintiff verdict in excess of $100,000.

Local Private High School Negligence Causing Skull Fracture/Brain Injury - Case involved a 17 year old senior attending the High School who was allegedly asked by a janitor while attending Gym class to help move a 1,000 lb multi-weight machine. Four students including Plaintiff were asked to help put machine on small rolling dolly which got caught on an object on the floor and tipped over on Plaintiff causing skull fracture. Plaintiff had immediate brain surgery where four plates were inserted inside Plaintiffs' skull. Plaintiff recovers but suffers from cognitive deficits and facial scarring. Case worked up by firm which included, a neuropsychiatric evaluation, neuropsychological testing and evaluation, vocational rehabilitation evaluation, and review by economist. Complaint filed but case settles before litigation commences for substantial sum subject to confidentiality agreement.

Elderly patient hospitalized with a fall. Risk was documented in record. Suffers fall while hospitalized, ultimately resulting in death. Confidential settlement prior to litigation.

Unsafe Stairway - Client, retired in his mid-sixties, fell down unlit stairs at a Denver nightclub resulting in surgery to knee. Case settled for confidential amount prior to trial.

Slip & Fall Accident - Client, elderly client from California, who slipped and fell on puddle of water down uncarpeted stairs at Denver's Adams Mark Hotel. Client represented by Daniel P. Gerash, then of Gerash, Prugh, & Gerash, P.C. litigated case through trial and appeal. Defendant Adams Mark Hotel offered client $5,000 to settle at settlement conference during litigation. Case went to trial and Denver District Court Jury awarded client in excess of $230,000 plus interest. Defendant Adams Mark appealed. Attorney, Daniel P. Gerash orally argued case in Colorado Court of Appeals which upheld the verdict. Bigley v. Adams Mark.

Icy Stairs-Slip & Fall - Case involving 30 year old man who slipped down icy stairs at his apartment complex after having complained to management for a year to fix a leaky drain pipe above the staircase. Case settled for a confidential amount prior to trial to compensate client for permanent back injury which, pre-existed his accident, but was not symptomatic.

Crane Defect - Client loses arm while holding on to outrigger of crane as driver allegedly retracts outrigger. Client settles case against manufacturer of crane for confidential amount before trial. Trial proceeds against crane company who employed crane driver. Case settles after opening statements for confidential amount.

Personal Injury - $184K verdict in Arapahoe County for a Personal Injury case.

Rear End Accident - Client, a young law school graduate and a single mother of one, is rear ended at high speed by a pediatrician. Client suffers a fractured pelvis and is hospitalized for several days followed by months of rehabilitation. Case settled for a confidential amount before litigation is commenced.

Automobile Collision - Client, a bookkeeper, involved in two low speed collisions within two weeks of each other, suffers mild traumatic injury. Case settled during litigation prior to trial for undisclosed confidential amount.

People v. Eppens, 979 P.2d 14 (Colo. 1999) (Supreme Court reversed a successful challenge in the court of appeals to a conviction for sexual assault on a child, finding there was no plain error form social worker opining that child was sincere and that the prior consistent statements of the child properly were admissible under CRE 801(d)(1)(B)).

Nguyen v. People, 900 P.2d 37 (Colo. 1995) (Supreme Court partially affirmed a successful equal protection challenge to the second-degree assault statute. The statute subsequently was amended by the legislature).

People v. Frost, 5 P3d 317 (Colo. App. 1999) (certiorari denied as improvidently granted, 33 P3d 555 (Colo. 2001) (Conviction for sexual assault on a child reversed when the Court of Appeals agreed with the defense assertion that the prior assault of the victim's cousin was not properly admissible as other act evidence under CRE 404(b) and its admission was not harmless error).

People v. Downing, 895 P2.d 1046 (Colo 1995) (successful challenge to an increase in time given an inmate under 35(b) when transferred from DOC to community corrections).

Zapotocky v. People, 869 P2d 1234 (Colo. 1994) (Supreme Court rejected constitutional challenges, including due process and ex post facto) to the competency statutes).

Gorman v. People, 19 P3d 662 (Colo. 2000) (Supreme Court rejected defense assertions that, despite omission of the element "knowingly" from the statute, the prosecution must prove that the defendant knew the age of the child/minor to be found guilty of contributing to the delinquency of a minor).

People v. Rivera, 2002 WL 31268890 (Colo. App. 2002) (Court reversed a conviction for securities fraud because it found plain error resulted from the failure to provide the jury with a unanimity instruction).

People v. McCarty, 874 p2d 394 (Colo. 1994) (Supreme Court found no new evidentiary hearing was required to re-sentence a defendant after revocation of probation).

United States v. Mitchell, 274 F.3d 1307 (10th Cir. 2001)

United States v. Caldwell, 219 F. 3d 1186 (10th Cir. 2000)

People v. Gandiaga, 70 P.3d 523 (Colo. App. 2002)

Young man charged with 1st degree kidnapping and Sexual Assault. Client was facing life in prison without parole. Case was taken to trial and the jury acquitted client on all counts.

Felony Charges - Felony menacing, three counts: not guilty verdict

Attempted Murder - Attempted first-degree murder (shooting w/ firearm): verdict: guilty of second-degree assault, heat of passion

Careless Driving -Careless driving resulting in death and serious bodily injury, three counts: Verdict: not guilty.

DUI Arrest - DUI and resisting arrest. Park County. Case currently being appealed.

Federal Charges - Federal solicitation to murder: favorable plea disposition.

Federal Drug Conspiracy Charges - Complex federal drug conspiracy case involving multiple defendants: case against client dismissed before trial.

Federal Drug Charges - Complex federal drug conspiracy case involving nineteen defendants

Felony Drug Possession Arrest - Numerous state felony distribution and possession of drug charges, one case in Jefferson County recently resulted in a stipulation to probation.

Traumatic Brain Injury - Automobile accident in Douglas County. Client rear ended causing mild traumatic brain injury. A real estate agent at the time, client could not return to work as a result of her brain injury. Case settled prior to trial for confidential amount close to Defendant driver's insurance policy limit.

Car & Motorcycle Accident - Motorcycle accident resulting in closed head injuries and other soft tissue injuries of passenger on back of ex-husband's motorcycle. Driver of motorcycle lost control of vehicle claiming a moose ran in front of his path. Client saw no moose. Case settled for confidential amount.

Semi Truck Accident - Client, a retired Northwest Airlines pilot, is driving on I-76 near the I-25 interchange when he is allegedly cut off by a semi-truck. Client suffers injuries to knee and hip necessitating surgery. Case settled for confidential amount in excess of $300,000 before litigation commenced.