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Kenneth Gack

Kenneth D. Gack, Esq.

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Case Manager
Jesse Dienner
T: 415-774-2626
F: 415-982-5287
Two Embarcadero Center , Suite 1500 , San Francisco , CA 94111

Kenneth D. Gack, Esq. has been a full time neutral with JAMS since 1996 and has handled thousands of matters, including a great deal of personal injury and tort matters.  In tort cases, Ken is lauded by clients for his ability to relate to all parties and quickly grasp complex facts.  Ken’s vast amount of experience with healthcare matters, including medical malpractice cases, gives him the technical background needed to understand complex medical issues in personal injury and tort cases.  His many years as a mediator gives him the understanding of the unique sensitivities involved in tort cases.  Whether the parties are individuals, a group of individuals or corporations, Ken has a deep understanding of the insurance issues and considerations that are key to resolving injury and tort matters.

Representative Matters

  • Personal Injury
    • Extensive experience in all types of personal injury claims
    • Burn injuries of high school welding class student allegedly arising from failure of teacher to enforce safety standards
    • Bodily injury and premises liability against city, county, state, and district public entities
    • Injuries at public venues involving allegations of faulty design
    • Insurance and indemnity issues relating to a leg amputation arising from fall off of a fork lift
    • Multiple cases involving allegations of elder abuse and wrongful death of patients at residential care and skilled nursing facilities
    • Claims of female citizens against a public entity, Sheriff’s Department and patrol officer for unlawful strip searches
    • Injuries at public transit stops, on public transportation, and allegedly inflicted by faulty public transportation operators
    • Injuries allegedly inflicted by pets
    • Injuries to babies and mothers resulting from childbirth and related medical malpractice allegations
    • Successfully mediated wrongful death case involving electrocution resulting from alleged faulty light grounding
    • Cases involving sexual molestation and accompanying insurance coverage issues
  • Product Liability
    • Product liability action against manufacturer and café operator for alleged electrocution from lack of proper grounding and GFI circuit
    • Discovery referee/special master in action alleging defective electrical component parts resulting in product recall and bankruptcy of the end product manufacturer
    • Medical product liability case involving allegations of surgical stapler failure during gastric bypass
    • Design and manufacturing defect claims in mechanical heart valve replacement, with defense of physician malpractice
    • Allegations of defective design and failure to ward for obstetrical tape used in vaginal sling surgical procedures
    • Claims arising from disintegration of router bit; defense of unforeseeable misuse and abuse in product application
    • Crush injuries arising from collision between worker and forklift operated by subcontractor employee; claims of design defect in lack of lockout/braking device
    • Beverage product liability with allegations of consequential and reputational damages to commercial winery arising from design and manufacturing defect in glycol mixture and cooling tanks
    • Manufacturing defects resulting in bottling defects that result in product recall; loss of market allocation, covering damages for replacement product; issues of speculative damage claims for startup product
    • Loss of product due to chlorine exposure and refrigeration failure; cross-claims against manufacturer for alleged product design defect of cooling coil 
    • Defective design and manufacture of windows for exclusive residence; failure of vacuum seal resulting in moisture and fogging in windows requiring replacement with resulting collateral damages to structure, stucco and loss of use claims
    • Defective design and installation of backflow preventer for sewage system; loss of rental income and sale opportunity; defense of misuse and abuse of system components
    • Claims of defective design of supplemental restraint systems (seatbelt fasteners, airbags)
    • Product liability dispute alleging defective design of a trailer and poor manufacturing and maintenance practices, leading to the collapse of the trailer, resulting in leg injuries requiring amputation
    • Case involving allegations of defective medical product design/manufacture, including contamination during production of components 
  • Board Member, SEE International, 2014
  • Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
  • Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
  • Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
  • President and Board Member, Legal Aid of Sonoma County, 2010-2012
  • Member, Association of Business Trial Lawyers
  • Member, San Francisco Trial Lawyers Association
  • Frequently requested lecturer on ADR and civil litigation
  • Member, American Healthcare Lawyers Association ADR Panel
  • ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
  • "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012
  • JAMS, 1996-present
  • Private practice emphasizing alternative dispute resolution services, 1994-1996
  • Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
  • Judge pro tem, Sonoma County Superior Court, 1983-present
  • J.D., Pepperdine University, 1976
  • B.A., Anthropology, Cal. State University, Dominguez Hills, 1973

Counsel Comments

    “Ken has exceptional skills.  He was very prepared, focused and listened to the attorneys and clients.  Not a minute was wasted…he managed to weave through the many layers of controversy. He deserves a medal for settling this case.”

    "Mr. Gack is always prepared, always knowledgeable, and always cuts to the core of the relevant issues.  Use him once and you will use him again." - Prominent Bay Area Litigator

    Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013

    Recognized as a Northern California Super Lawyer, San Francisco Magazine, 2006-2013

    Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004

News

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