John M. Case

Attorney Profile

Top Rated Personal Injury Attorney in Denver, CO

Evans Case, LLP
 | 1660 South Albion, Suite 1100
Denver, CO 80222
Phone: 303-757-8300
Selected to Super Lawyers: 2014 - 2017
Licensed Since: 1973
Practice Areas:
  • Personal Injury - General: Plaintiff (80%),
  • Personal Injury - Medical Malpractice: Plaintiff (10%),
  • Personal Injury - Products: Plaintiff (10%)
Attorney Profile

John M. Case is the co-founder of Benson and Case, LLP, located in Denver, Colorado. With 40 years of trial experience, he focuses his civil litigation practice on representing plaintiffs in Denver and throughout the state of Colorado who have been harmed by the acts or omissions of others in matters involving motor vehicle accidents, professional negligence, insurance bad faith, catastrophic injuries and wrongful death.

After graduating with a B.A. in English from Dartmouth College in 1965, Mr. Case joined the U.S. Navy and served on the U.S.S. Coral Sea as a bombardier-navigator during the Vietnam War. Following his discharge from the military, he earned his Juris Doctor from the University of Denver Sturm College of Law in 1973. Admitted to practice in Colorado, Mr. Case is also admitted to practice before the U.S. Courts of Appeals for the 10th and Federal Circuits, the U.S. District Court for the District of Colorado and the Supreme Court of the United States.

To keep up to date with the latest developments in his area of practice, Mr. Case maintains membership in the Colorado Bar Association, the American Association for Justice and the Colorado Trial Lawyers Association. He is also active in his community, donating his time and legal services to the Friends of Denver Parks, a nonprofit organization dedicated to the preservation and protection of the area's parks and designated natural areas. A member of the Knights of Columbus, Mr. Case is also a lay Eucharistic minister at Church of the Risen Christ, where he helps couples prepare for marriage, and he enjoys playing ice hockey and spending time with his family.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (80%)

Personal Injury - Medical Malpractice (10%)

Personal Injury - Products (10%)

Selections

Selected to Super Lawyers for 4 yearsbottom-image

Super Lawyers: 2014 - 2017

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About John Case

Admitted: 1973, Colorado

Professional Webpage: http://evanscase.com/wordpress/attorneys/john-case/

Bar/Professional Activity:

  • U.S. Supreme Court, 1992
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Appeals 10th Circuit, 1997
  • U.S. District Court District of Colorado
  • U.S. District Court, 1973
  • U.S. Bankruptcy Court Colorado
  • Colorado, 1973
  • Member, Colorado Trial Lawyer's Association
  • Member, American Association For Justice

Pro bono/Community Service:

  • Evans Case successfully defended the pro-life "Personhood Amendment" in the Colorado Supreme Court when Planned Parenthood challenged the language of the ballot initiative.  Durgin et al v. Lozano et al, 2012SA10.  John Case, briefwriter Russ Jones, and University of Denver Sturm College of Law intern Elizabeth Meck wrote the briefs.  , 2012
  • Foundations for Excellence campaign, Regis Jesuit High School, Aurora CO, 2011
  • Parents Annual Campaign for Excellence, Regis Jesuit High School, Aurora CO, 2008
  • Volunteer assistant soccer coach, Skyline Soccer , 2006
  • School Advisory Board, Most Precious Blood School, Denver CO, 2004
  • Race for the Cure
  • Knights of Columbus
  • Pro Bono Attorney for Friends of Denver Parks
  • Volunteer, Regis Jesuit High School
  • Church of the Risen Christ, Eucharistic Minster, Marriage Preparation with Engaged Couples

Verdicts and Settlements:

  • A Weld County jury returned a $165,000 verdict for a passenger who suffered a concussion and wrist fracture in an automobile collision.  Clark v. Kirkpatrick et al, 2011CV106, District Court of Weld County.  Benson & Case trial lawyers John Case and Kari Jones tried the case for the plaintiff.  , 2012
  • $6.2 Million verdict against Mental Health Center of Denver for negligently releasing a dangerous mentally ill patient who murdered an innocent 7-Eleven clerk.  Mulugeta et al v. Dale Baylis and Mental Health Center of Denver, 2011CV 3242, District Court, Denver CO. In 2006, a criminal judge placed MHCD's patient in a 24 hour supervised treatment facility, after the court found him incompetent to proceed on charges of stabbing a defenseless 60 year old woman.  The patient had a documented 10 year history of schizophrenia and mood disorder with command hallucinations, threats, assault, suicide attempts, alcoholism, non-compliance with community mental health treatment, chronic substance abuse of marijuana starting at age 14, and adult abuse of cocaine and methamphetamine. MHCD's intake social worker documented in 2006 that the patient was dangerous to others and required 24 hour supervision and monitoring.  MHCD's treatment providers did not read the intake assessment.   In August 2008, MHCD’s social worker visited the mother’s home and found deplorable unsanitary living conditions.  Although the Court’s bond conditions stated that the defendant could have no access to firearms, the social worker did not ask him or his mother there if were weapons in the home, nor did she inspect for weapons.  MHCD then made a written recommendation that the criminal Court release the patient from 24 hour supervision at its facility, and permit him to live unsupervised in his mother’s home starting December 1, 2008.  Thereafter, MHCD personnel ignored the court’s orders to provide a case manager, obtain monthly random drug screens, and perform home monitoring.  MHCD's CEO told the jury that MHCD was not obligated to obey the court orders, that MHCD treated this patient no differently than other mentally ill criminals in the community, and that MHCD would not change its approach.   After the verdict, the decedent's Ethiopian father addressed the jury: “I thank you from the bottom of my heart.  It is unbelievable to me that an ordinary person in this country can bring a claim in a court and have it decided by ordinary people.  This is the highest level of democracy.” Benson & Case trial lawyers John Case, Joe Stengel, and Kari Jones represented the plaintiffs.  , 2012
  • Liberty Mutual paid $100,000 to settle with a man who claimed that a low impact rear end collision with no damage to either vehicle disrupted his spinal fusion. Wesley v. Richie, 2010CV784 District Court of Arapahoe County. Benson & Case trial lawyer John Case represented the plaintiff., 2011
  • A Denver jury returned a $423,888 verdict against Alamo Rental Car for negligently renting an unsafe car to a customer, who was injured when the trunk lid fell on his neck.  Lange et al v. Vanguard Car Rental USA, case no. 2008CV7431 Denver District Court.  Judgment affirmed by Colorado Court of Appeals in unpublished opinion 2011.  Robert Lange, a customer of Alamo Rental Car, suffered a C5-6 disk herniation when the trunk lid of his rental car fell on his neck as he leaned into the trunk.  The safety supports for the trunk lid were broken. Alamo employees failed to notice the broken safety supports during three separate inspections before it rented the car to Mr. Lange.   Benson & Case trial lawyers John Case and Joe Stengel tried the case for the plaintiff.       , 2009
  • State Farm Insurance paid its policy limit of $250,000 to settle the wrongful death claim of a mother, whose adult daughter was killed in an automobile roll-over.  Rose v. Townsend, case no. 2005CV1811 Arapahoe District Court.  Benson & Case trial lawyer John Case represented the plaintiff., 2006
  • A Denver jury returned a $425,500 verdict for the 68 year old front seat passenger who suffered a pelvic fracture and L4-5 disk herniation when the driver made an illegal left turn into oncoming traffic.  McVaney v. Gottdenker et al, Denver District Court no. 01CV3974. Benson & Case trial lawyer John Case tried the case for the plaintiff., 2002

Other Outstanding Achievements:

  • Evans Case established new legal precedent in U.S. Court of Appeals 10th Circuit, allowing a paralyzed employee to sue the insurer and recover benefits for hemiplegia under ambiguous ERISA policy.  Hans-Gerd Rasenack was paralyzed on the left side of his body after being struck by a hit and run driver.  Mr. Rasenack had purchased an accidental death and dismemberment policy through payroll deductions from his employer.  The policy included a benefit for hemiplegia, which the policy defined as paralysis of the limbs on one side of the body.  AIG insurance denied Mr. Rasenack's application for benefits, stating that Mr. Rasenack was not paralyzed because he could wiggle the toes on his left foot and squeeze a ball with his left hand.  AIG did not dispute that Mr. Rasenack had lost the functional use of his left arm and hand, and left leg and foot.  AIG did not dispute that Mr. Rasenack was unable to dress himself, feed himself, or perform other activities of daily living.  AIG ignored the opinions of Mr. Rasenack's treating doctor and therapists that he suffered from complete and irreversible paralysis on the left side.  After AIG denied Mr. Rasenack's administrative appeal, Evans Case filed suit for Mr. Rasenack in the U.S. District Court for Colorado.  The trial court dismissed the suit on summary judgment, finding that AIG insurance had discretion to deny the claim under existing ERISA case law.  The U.S. 10th Circuit Court of Appeals reversed, holding that AIG had violated its own policy provisions and Federal law by delaying the claim, and that the policy was ambiguous because it failed to define the word "paralysis."  The Court held that AIG's plan administrator had a fiduciary duty to conduct a fair and accurate assessment of the claim, and to pay benefits to a claimant who was entitled to them.  The Court held that "Plan administrators may not arbitrarily refuse to credit a claimant's reliable evidence, including the opinions of a treating physician." The 10th Circuit remanded the case to the trial court for further proceedings. AIG then paid the full amount of benefits due, plus statutory interest.  Rasenack v. AIG Life Insurance, 585 F.3d 1311 (10th Cir. 2009).  John Case argued the case before the 10th Circuit, and briefwriter Russ Jones wrote the briefs., 2009
  • Evans Case established new legal precedent in Colorado that credit unions and banks owe duty to depositor to prevent an agent acting under power of attorney from stealing funds of depositor.  Bryant v. Community Choice Credit Union, 160 P.3d 266 (Colo. App. 2007).  Grace Nichols, an elderly and infirm woman, appointed her friend Richard Lynch under Power of Attorney to manage Ms. Nichols' accounts at Community Choice Credit Union in Commerce City.   When Ms. Nichols' sold her home and went into assisted living, she and Lynch deposited the sale proceeds of $331,000 into a joint account at the credit union.  The credit union was aware that Lynch was acting as a fiduciary under the written power of attorney.  The credit union permitted Lynch to withdraw funds from the account for his own use.  The credit union loaned Lynch $100,000, pledging a CD in Nichols' name as collateral.  Lynch defaulted on the loan and spent all of Nichols' money.  The Court of Appeals held that it was error for the trial court to grant the defendant's motion for directed verdict at trial.  The case settled during the re-trial after remand.  John Case argued the case before the Court of Appeals, and briefwriter Russ Jones wrote the briefs.         , 2007

Video:

  • Trial lawyer John Case shares the story of a severely injured client on KDVR Channel 31 show Colorado's Best. , Colorado's Best - KDVR, 2012
  • John Case and his client describe the process of litigation after a life changing injury., Client Story - Manuel, 2011
  • Client Testimonial - Client Tom McGovern tells about his experience working with John Case on a life changing injury case., Tom's Story, 2011

Educational Background:

  • Dartmouth College, B.A. in English, 1965
Office Location for John M. Case

1660 South Albion
Suite 1100
Denver, CO 80222

Phone: 303-757-8300

 

John M. Case:

Last Updated: 12/20/2016

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