Case Results

The lawsuit was filed by a different law firm, and the trial court granted summary judgment for the insurer, holding that there was no coverage available under the policy. Gerash Steiner Blanton then handled the matter on appeal, and obtained an opinion from the Court of Appeals that reversed the trial court’s ruling, and held that the one million in coverage was available. Gerash Steiner Blanton thereafter pursued the matter upon remand to the trial court and the case settled prior to trial for a substantial sum subject to confidentiality agreement. The appeal in this case established new law the helped workers recover under their own insurance when injured in a work-place accident. The reported appellate opinion is Am. Fam. Mut. Ins. Co. v. Ashour, 410 P.3d 753 (Co. App. 2017).

Gerash Steiner Blanton investigated the matter and determined that the driver of the other vehicle had been served an excessive amount of alcohol by a bar shortly before the accident, and that the bar had allowed the other driver to leave the premises in an extremely inebriated state. Gerash Steiner Blanton filed a lawsuit against both the other driver and the bar. The claims against both defendants settled prior to trial for a substantial sum subject to confidentiality agreement.

A different law firm handled the matter at trial, and the lawsuit was dismissed by the trial court on a motion for summary judgment. Gerash Steiner Blanton then took the case and filed an appeal in federal court in the Tenth Circuit Court of Appeals. Gerash Steiner Blanton obtained an opinion from the Court of Appeals reversing the underlying trial court ruling, and ordering that a $100,000 settlement be paid to the client. The reported appellate opinion is Oldenburg v. Am. Mod. Ins. Co., Inc., 2021 WL 244882 (10th Cir. 2021).

On appeal, Gerash Steiner Blanton attorney Michael Blanton obtained an opinion from the Kansas Court of Appeals affirming an eleven million dollar verdict, and ordering that the client was also entitled to attorneys’ fees and interest on the judgment. The reported appellate opinion is Gruber v. Est. of Marshall, 482 P.3d 612 (Kan. Ct. App. 2021).

Gerash Steiner Blanton attorney Michael Blanton obtained an opinion from the Tenth Circuit Court of Appeals affirming a $15,275,000 verdict. The reported appellate opinion is Frederick v. Swift Transp. Co., 616 F.3d 1074 (10th Cir. 2010)

Gerash Steiner Blanton attorney Michael Blanton obtained an opinion from the Missouri Court of Appeals affirming a $5,750,000 verdict, including $5,000,000 in punitive damages. The reported appellate opinion is Harris v. Jungerman, 560 S.W.3d 549 (Mo. App. 2018).

At trial, the jury assessed $1,565,625 in actual damages, but the trial court ruled that the jury could not consider an additional amount for punitive damages. On appeal, Gerash Steiner Blanton attorney Michael Blanton obtained an appellate opinion which affirmed the award of actual damages and reversed the trial court’s ruling that punitive damages were not available. The matter was then remanded to the trial court so that a jury could consider awarding additional punitive damages. The reported appellate opinion is Wilson v. Image Flooring, LLC, 400 S.W.3d 386 (Mo. App. 2013).

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.

Client saw no moose. Case settled for confidential amount.

crane driver. Case settles after opening statements for confidential amount.

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.

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.

client. This case settled for a confidential amount.

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.

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.

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.

of contributing to the delinquency of a minor).

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.

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.

to trial to compensate client for permanent back injury which, pre-existed his accident, but was not symptomatic.

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.

left foot contusion and metacarpophalangeal thumb sprain requiring surgery. An undisclosed confidential settlement was reached before litigation commenced.

liability due to client assuming the risk for visiting the grocery store. Case settled a month before trial for a six figure settlement.

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.

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.

settlement before litigation commences.

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.

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.

that the prior consistent statements of the child properly were admissible under CRE 801(d)(1)(B)).

the victim's cousin was not properly admissible as other act evidence under CRE 404(b) and its admission was not harmless error).

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.

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).

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.

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.

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.

litigation.

Case settled for a confidential amount before litigation is commenced.

amount in excess of $300,000 before litigation commenced.

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.

Gerash, Prugh, & Gerash, P.C.. Case was settled for a confidential amount.

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 Blanton, 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 Blanton, P.C. was instrumental in attaining a successful outcome.

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.

confidential amount close to Defendant driver's insurance policy limit.