Richard M. Gerry

Practice Areas:

Catastrophic personal injury

Wrongful death

Dram shop liability

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”

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

 

 

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