Richard M. Gerry

Richard Gerry, a four-time Super Lawyers selectee, 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.

The Phoenix native is a past president of the John C. Lincoln Hospital Guild.

Significant Cases

Graham v. ValueOptions (2008). Jury verdict: $36 million for wrongful death, awarded to the victim’s widow, two minor children and surviving parents. Patrick Graham was shot to death by a dangerously mentally ill patient under the supervision of ValueOptions. The jury found ValueOptions 90% at fault for failing to seek a court order to evaluate the shooter for involuntary commitment. Court testimony showed that the shooter had not received treatment for eight months, even though a nurse practitioner charged with his care had warned ValueOptions that the shooter could be a danger to himself and others due to his deteriorating condition. The $36 million jury award was Arizona’s fifth-largest for 2008 (Arizona Attorney, June 2009) and the 58th largest in the nation (Verdict Search).

On October 29, 2010, the Arizona Court of Appeals affirmed that mental health practitioners owe a duty to protect the public from mentally ill individuals who they should know are dangerous. This is the first case in the nation to uphold this duty when the patient was treated on an outpatient basis and the victim was a random member of the public.

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.

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. The $9 million jury award was among Arizona’s top ten jury awards for 2006 (Arizona Attorney, June 2007).

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.

Honors and Awards

Outstanding Trial Lawyer for 2008: Arizona Trial Lawyers Association

One Hundred Largest Jury Verdicts for 2008 (Graham v. ValueOptions, $36 million, #58)

Ten Largest Arizona Jury Verdicts for 2008 (Graham v. ValueOptions,
$36 million)

Ten Largest Arizona Jury Verdicts for 2006 (Hudgins v. Southwest Airlines, $9 million)

Super Lawyers^® (2007-2011): Personal Injury Plaintiff

The Best Lawyers in America^® (2010, 2011, 2012): Personal Injury Litigation

Lawdragon 500 (2010)

The Top 100 Trial Lawyers (Arizona), The American Trial Lawyers Association

Arizona's Finest Lawyers

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

Professional Memberships

State Bar of Arizona: Legal Education Committee, 1992

State Bar of California

Arizona Personal Injury Trial Lawyers Association

American Trial Lawyers Association: Member, Board of Directors

Million Dollar Advocates Forum

Multi-Million Dollar Advocates Forum

Community Involvement

Judicial Selection Advisory Board, Phoenix Municipal Court, 2006-2011

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