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Defective/Dangerous
- Product Liability Lawsuits
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
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Traumatic Brain Injury
- Catastrophic & Serious Injuries
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.
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Fatal Automobile Accident
- Car Accident
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.
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Intersection Accident
- Car Accident
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.
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Nightclub Owner Negligence / Failure to Provide Adequate Security
- Wrongful Death
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.
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Fatal Accident
- Wrongful Death
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.
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Hospital Staff Neglect
- Wrongful Death
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.
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Police Brutality
- Civil RIghts
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.
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Police Misconduct
- Civil RIghts
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.
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Police Brutality
- Civil RIghts
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.
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Inadequate Medical Care
- Medical Malpractice
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.
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Birth Injury - Medical malpractice case for birth injury.
- Medical Malpractice
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.
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Physician/Hospital Malpractice
- Medical Malpractice
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.
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Surgeon Malpractice
- Medical Malpractice
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.
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Medical Negligence case against two physical therapists
- Medical Malpractice
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.
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Medical Negligence case arising from negligent care in jail setting.
- Medical Malpractice
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.
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Negligent Care in a Hospital
- Medical Malpractice
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.
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Failure to Diagnose
- Medical Malpractice
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.
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Pharmaceutical Error
- Medical Malpractice
Pharmaceutical Error - Two families as current clients involving pharmaceutical
overdoses to infants in the hospital setting.
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Medical Malpractice Leads to Wrongful Death Case
- Wrongful Death
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.
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Failure to Diagnose
- Medical Malpractice
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.
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Motorcoach Accident
- Travel, Bus, & Aviation Accidents
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.
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Tour Bus Crash
- Travel, Bus, & Aviation Accidents
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.
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Helicopter Accident
- Travel, Bus, & Aviation Accidents
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.
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Plane Crash
- Travel, Bus, & Aviation Accidents
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).
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Cruise Ship Negligence / Medical Malpractice
- Cruise Ship Injuries
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.
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Premises Liability case involving an 8 year old child who fell off staircase
- Premises Liability Lawsuits
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.
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Litigation Involving an Elderly Woman
- Premises Liability Lawsuits
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.
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Business Negligence
- Premises Liability Lawsuits
Business Negligence - Negligence action against nightclub: Case tried to
jury resulting in plaintiff verdict in excess of $100,000.
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Local Private High School Negligence Causing Skull Fracture/Brain Injury
- Premises Liability Lawsuits
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.
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Elderly Patient Hospitalized With a Fall
- Premises Liability Lawsuits
Elderly patient hospitalized with a fall. Risk was documented in record. Suffers fall while hospitalized, ultimately resulting in death. Confidential settlement prior to litigation.
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Unsafe Stairway
- Premises Liability Lawsuits
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.
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Slip & Fall Accident
- Premises Liability Lawsuits
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.
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Icy Stairs-Slip & Fall
- Premises Liability Lawsuits
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.
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Crane Defect
- Premises Liability Lawsuits
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.
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Personal Injury
- Catastrophic & Serious Injuries
Personal Injury - $184K verdict in Arapahoe County for a Personal Injury case.
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Rear End Accident
- Car Accident
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.
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Automobile Collision
- Car Accident
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.
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People v. Eppens
- Appellate
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)).
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Nguyen v. People
- Appellate
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).
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People v. Frost
- Appellate
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).
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People v. Downing
- Appellate
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).
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Zapotocky v. People
- Appellate
Zapotocky v. People, 869 P2d 1234 (Colo. 1994) (Supreme Court rejected
constitutional challenges, including due process and ex post facto) to
the competency statutes).
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Gorman v. People
- Appellate
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).
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People v. Rivera
- Appellate
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).
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People v. McCarty
- Appellate
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).
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United States v. Mitchell
- Appellate
United States v. Mitchell, 274 F.3d 1307 (10th Cir. 2001)
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United States v. Caldwell
- Appellate
United States v. Caldwell, 219 F. 3d 1186 (10th Cir. 2000)
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People v. Gandiaga
- Appellate
People v. Gandiaga, 70 P.3d 523 (Colo. App. 2002)
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Young man charged with 1st degree kidnapping and Sexual Assault.
- Criminal Defense
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.
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Felony Charges
- Criminal Defense
Felony Charges - Felony menacing, three counts: not guilty verdict
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Attempted Murder
- Criminal Defense
Attempted Murder - Attempted first-degree murder (shooting w/ firearm):
verdict: guilty of second-degree assault, heat of passion
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Careless Driving
- Criminal Defense
Careless Driving -Careless driving resulting in death and serious bodily
injury, three counts: Verdict: not guilty.
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DUI Arrest
- Criminal Defense
DUI Arrest - DUI and resisting arrest. Park County. Case currently being appealed.
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Federal Charges
- Criminal Defense
Federal Charges - Federal solicitation to murder: favorable plea disposition.
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Federal Drug Conspiracy Charges
- Criminal Defense
Federal Drug Conspiracy Charges - Complex federal drug conspiracy case
involving multiple defendants: case against client dismissed before trial.
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Federal Drug Charges
- Criminal Defense
Federal Drug Charges - Complex federal drug conspiracy case involving nineteen
defendants
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Felony Drug Possession Arrest
- Criminal Defense
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.
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Felony Search and Seizure
- Criminal Defense
Dismissal of charges on a felony search and seizure/drug case in Garfield County.
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Traumatic Brain Injury
- Catastrophic & Serious Injuries
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.
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Car & Motorcycle Accident
- Car Accident
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.
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Semi Truck Accident
- Car Accident
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.