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Richard M. Gerry
Richard Gerry focuses on
serious personal injury claims. Over the past 27 years, juries
have awarded Richard's clients multi-million-dollar verdicts to compensate for
wrongful deaths and catastrophic injuries. His experience ranges from automobile
cases to complex litigation involving freeway design. Appearing before the
Arizona Supreme Court, the Arizona Court of Appeals and the Ninth Circuit Court
of Appeals, Richard has tried and won cases that have established new legal
precedents to protect the rights of injured clients.
Significant Cases
Adamowicz
v. Ryan et al (2007). Settlement: $3 million. A 68-year-old woman was killed
by a drunk-driving teenage girl. The victim’s surviving adult children sought
compensation from the teenager’s parents, for allowing her to drive despite
knowing she had a history of alcohol abuse; from the owner of the home at which
the girl attended a party where alcohol was provided; and from the mini-mart
that sold her alcohol. Settlement was based on claims of negligent entrustment
of a vehicle to a minor, parental liability for children under the age of 21 who
supply alcohol to minors, employer liability for employees who sell alcohol to
minors, and punitive damages for conscious disregard of the probable injury and
death caused by intoxicated minors.
(Read more in the
Arizona Republic.)
Hudgins v. Southwest Airlines
(2006). Jury verdict: $9 million. Two men were directed and given written
authorization to carry their weapons aboard a Southwest Airlines flight.
Southwest then reported that the men did not have authorization. The men were
arrested, jailed and prosecuted for taking weapons aboard the plane and faced
ten years in prison. Southwest refused to provide to the FBI the facts proving
the men’s innocence unless the men signed a release agreeing not to sue
Southwest for their false arrests.
Esson v. LaPuesta Del Sol
(2004). Jury award:$2.6 million. Death of a 29-year-old man killed in an auto
accident by a drunk bartender. Although the accident occurred after work, jury
found the bar 100% responsible for negligently allowing its employee to get
drunk on the job.
Burton v. State and Yavapai
County Fair (2003). Settlement: $9 million. Jockey suffered severe brain
injury from a head-on collision with another horse, which was blinded by mud
after slipping on the track and ran in the opposite direction. State stewards
and track officials failed to cancel races due to unsafe track conditions.
Chadwick v. State of Arizona
(2000). Jury verdict: $4 million. Nine-year-old girl strangled by her brother,
who was on supervised probation. Trial verdict after Supreme Court reversed
Court of Appeals' dismissal. Supreme Court ruled probation officer had a duty to
report foreseeable danger to the court.
Landers v. State and City of
Phoenix (1998). Settlement: $4.5 million. Police officer killed when drunk
driver crossed through freeway median. Unsafe freeway design without median
barrier to prevent cross over collisions.
Reported Cases
Caretto v. Department of
Transportation, 192 Ariz. 297, 965 P.2d 31 (App. 1998)
Gobel v. Maricopa County,
867 F.2d 1201 (9th Cir. 1989)
Desmond v. Superior Court,
161 Ariz. 522, 779 P.2d 1261 (1989)
Hamilton v. Municipal Court,
163 Ariz. 374, 788 P.2d 107 (1989)
Bade v. Department of
Transportation, 150 Ariz. 203, 722 P.2d 371 (App. 1986)
Loughran v. Superior Court,
145 Ariz. 56, 699 P.2d 1287 (1985)
Reinhold v. Navajo County,
139 Ariz. 227, 677 P.2d 1335 (App. 1984)
Fuenning v. Superior Court,
139 Ariz. 590, 680 P.2d 121 (1983)
State ex rel Baumert v. Superior
Court, 133 Ariz. 371, 651 P.2d 1196 (1982)
State v. Surety Insurance Co.,
128 Ariz. 284, 625 P.2d 347 (App. 1981)
Publications and Lectures
|
2006 |
“Overlooked Personal Injury
Law”
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|
2004 |
"Cross Examining the Expert,"
Lorman Education |
|
2002 |
"Appeals," ASU College of
Law
"Civil and Criminal
Contempt," Arizona Supreme Court |
|
2001 |
"Civil and Criminal
Contempt," Arizona Supreme Court
"Don't Lose Your Appeal,"
Arizona State Bar
|
|
2000 |
"Affirmative Defense,"
Maricopa County Bar Association |
Professional Memberships and Honors
State Bar of Arizona: Legal
Education Committee, 1992
State Bar of California
Arizona Personal Injury Trial
Lawyers Association
Million Dollar Advocates Forum
Multi-Million Dollar Advocates
Forum
Finalist,
Lawdragon 500 (2007)
Southwest Super Lawyers (2007 and 2008 editions): Personal Injury Plaintiff (General)
Community Involvement
Judicial Selection Advisory Board,
Phoenix Municipal Court, 2006-present
President, John C. Lincoln Hospital
Guild, 1991-1992
"Mother Ginger," Nutcracker Ballet;
Ballet & Friends Toys for Tots, 1992
Education
Arizona State University, J.D., 1978: Order of Barristers
Arizona State University, B.S.
summa cum laude, 1975
Birthplace
Phoenix, Arizona |