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Gene Dackonish

Phone: 970.256.9559

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Gene Dackonish is a founding member of Dackonish & Blake law firm and has practiced civil trial law in Grand Junction since 1988.  Gene has over 30 years of experience representing a wide range of clients, including individuals, small businesses, insurance companies, and major national and international corporations.  Gene has helped clients to favorably resolve disputes with tens of thousands to multi-millions of dollars at stake.  His broad areas of practice include business, contract and commercial litigation, real estate and land use litigation, eminent domain litigation, banking, finance, partnership, and foreclosure disputes, insurance disputes, governmental disputes, administrative body disputes, personal injury and wrongful death cases, and complex civil litigation.

Since 2006, Gene has served as a mediator in over 1000 cases through   Dispute Resolution Services.  Gene has also served as a private arbitrator and a hearing officer for the State of Colorado over 30 times in real estate disputes, insurance disputes, health care disputes, hospital disputes, college and university disputes, and other business disputes.  Gene’s experience as a mediator and arbitrator has afforded him knowledge and experience in an even broader range of civil litigation and dispute areas.
 
Areas of Emphasis
Civil Litigation, Trials and Appeals
Commercial and Business
Real Estate
Land Use
Personal Injury & Wrongful Death
Insurance
Health Care
Mediation
Arbitration

Admitted Practice Jurisdictions
Colorado State Courts of Record (1988)
United States District Court, District of Colorado (1989)
United States Court of Appeals, Tenth Circuit (1989)
 
Education
Bachelor of Arts, History, University of Colorado School of Arts & Sciences, 1985
Juris Doctor, University of Colorado School of Law, 1988

Legal Memberships
Colorado and Mesa County Bar Associations; past or current member of American Bar Association, Colorado Defense Lawyers Association and Colorado Trial Lawyers Association

Representative Matters and Experience
  • General legal practice including business formation, collections, and civil litigation (insurance defense, insurance law, UM/UIM, personal injury, collections, and administrative law proceedings) [1988 - 1992]

    Clients included numerous individuals, approximately 13 major national insurance companies, 3 national                     banks, a local hospital, a variety of local businesses, and approximately 10 national retail companies.

    Dispute values ranged from tens of thousands up to $5,000,000.
  • Civil litigation with practice emphasis on insurance defense, coverage disputes, UM/UIM, personal injury, wrongful death, real estate, business and commercial disputes, and complex civil litigation [1990 - 1994]
  • Civil litigation practice with emphasis on workers’ compensation pursuant to contract with CCIA/Pinnacol to defend all claims in western Colorado, defending over 1400 worker’s compensation cases; also civil litigation including insurance defense, personal injury, wrongful death, premises liability, and construction defect cases [1994 - 1999]
  • Civil litigation with practice emphasis on insurance defense, insurance law, UM/UIM, personal injury, real estate and commercial disputes [1999-2000]
  • Commercial civil litigation with practice emphasis on business, contract and commercial disputes, land use, real estate, and complex civil litigation, primarily in the 7th, 9th and 21st Judicial Districts [2000 - Present]

    Clients included numerous individuals and business entities, including builders, developers, service                                 professionals, and entrepreneurs, along with approximately ten Fortune 500 companies, and a number of                   national retail companies and national financial and professional service corporations, a number of                                   homeowners associations ranging from small to over 300 members, and governmental entities including                     towns, cities, and special districts.
     
    Litigated dispute values typically ranged from hundreds of thousands to $5,000,000 in dispute, including           several cases with up to $40,000,000 at issue.
  • Retained by various Colorado attorneys/judges for legal representation in civil litigation on approximately thirty-five matters   [2000 - Present]
  • Retained by attorneys as litigation and trial consultant, settlement consultant, and/or to assist with trial presentation on approximately thirty-five matters [1995 - Present]
  • Retained by attorneys to conduct a mediation, settlement conference, or act as an arbitrator on a very wide range of over 1000 civil matters (averaging approximately 100 matters per year presently) [2006 - Present]
  • Negotiated and represented businesses in stock, asset, and real estate sales and transactions in farming, manufacturing, ranching, and automotive industries, with sales and transactions ranging in value from $75,000 to more than $50,000,000  in value 

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Thomas W. Blake

Tom is a founding member of Dackonish & Blake law firm.  He has over 30 years of courtroom experience in Grand Junction and  Western Colorado.
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Tom Blake's Areas of Emphasis:
Worker’s Compensation (Work Comp)
Personal Injury and Wrongful Death
Insurance Disputes
Civil Litigation, Trials and Appeals
Real Estate Disputes

Admitted to Practice Law in These Jurisdictions:
Colorado state courts; and
United States District Court, District of Colorado

Arizona state courts; and
United States District Court, District of Arizona

 Education:
University of Northern Arizona, Bachelor of Science, English
University of Colorado at Boulder, Juris Doctor

Tom Blake's Memberships:
Colorado and Mesa County Bar Associations;  Arizona Bar Association;  and past or current member of  Mensa,  Immaculate Heart of Mary Church,  Colorado Mountain Club,  Access Fund, Colorado Plateau Mountain Bike Association,  Bicycle Colorado,  Museum of Western Colorado,  and Math and Science Center

Tom Blake's Representative Legal Work and Experience
  • Mesa County District Attorney’s office for 6 ½ years, serving the last 2 ½ as chief deputy district attorney.  In the District Attorney’s office, Tom conducted more than 25 jury trials, including serious felonies, and successfully argued an appeal before the Colorado Supreme Court.   
  • After the District Attorney’s office, Tom Blake began his civil litigation career, which has continued for the last 25+ years.  During this period, he represented numerous injured persons as well as numerous other litigants.
  • For the last 25 years, an emphasis of Tom’s legal work has been worker’s compensation.   In early 1992, he became outside counsel for what was then Colorado Compensation Insurance Authority (Now Pinnacol Assurance), the largest worker’s compensation insurance carrier in the state.   For about 7 years Tom handled essentially all of Pinnacol’s Grand Junction worker’s compensation hearings.  Thereafter, he continued to defend worker’s compensation claims for insurance carriers, claims administrators, self- insured employers, and uninsured employers.  However, for the last 10 or so years Tom has emphasized representing injured workers.  Now Tom only represents injured workers.  Tom has lectured at a Lorman Education continuing legal education class for attorneys on the topic of worker’s compensation.  Over the last 25 years Tom has analyzed and resolved or litigated over 2000 worker’s compensation claims headed to hearing before an administrative law judge.  At least 800 of these claims have proceeded to the completion of hearing and a decision by an administrative law judge.  
  • Tom has found satisfaction in helping truly injured persons navigate the system and obtain the compensation to which they are entitled under the law.
  •  Tom has argued cases in District Courts and County Courts in many of our Western Slope Counties.  He has had a number of his appellate court wins published as setting important legal precedent.  *See list below.  He has had over 800 worker’s compensation hearings before the Office of Administrative Courts in the Western Slope hearing venues.  He has successfully prosecuted and defended appeals to the Industrial Claims Appeal Office and the Colorado Court of Appeals.  
  • Tom has successfully represented some of his permanently and totally disabled worker’s compensation clients in hearings before Social Security Administrative law judges to obtain Social Security disability benefits.  
  • In addition to his worker’s compensation, personal injury, and insurance defense work, Tom has defended or prosecuted a number of other causes of action, including but not limited to the following:  construction defects; construction disputes; real estate easement claims; real estate partition actions; homeowner’s association lien judicial foreclosure actions; mechanic’s lien foreclosure actions; worker’s compensation insurance subrogation claims against negligent third parties; collections; evictions; defense of dental malpractice claims; defense of legal malpractice; and representation of professionals before the Colorado  Department of Regulatory Agencies.  In 2013, Tom represented the Telluride Ski Resort in a 9 day trial to the Court in San Miguel County in defense of easement and R.S. 2477 federal public road claims.  Plaintiff Gold Hill Development Corporation was seeking a road and/or easement through the ski resort.  The trial court ruled in favor of Tom’s client, the ski resort, and denied the easement and public road claims of GHDC. 
  • Outside of work, Tom enjoys his family and outdoor pursuits including hiking, biking, skiing, camping, and fishing.  Tom has hiked/climbed all of Colorado’s fourteeners at least twice, including January ascents of Mt. Elbert and Mt. Sneffels and a June ascent of the Diamond on the East Face of Longs Peak.
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Supercrack, Indian Creek, Utah — Back in the Day
Tom Blake’s Appellate Court Decisions

​Note: Only a small fraction of trial cases are ever appealed, and only a portion of appellate opinions are published — those selected because they changed or clarified the law.

Civil Case Appeals
  • Gold Hill Development Co. v. TSG Ski and Golf, LLC, 378 P.3d 816 (Colo. App. 2015) — Represented Telluride Ski Resort; successfully defeated claims seeking a public road or easement across the resort. Colorado Court of Appeals affirmed.
  • Gold Hill Development Co. v. TSG Ski and Golf, 2015CA361, not published, 2016 — Successfully obtained and enforced an award of trial costs in favor of the Ski Resort.
  • Gunderson v. Weidner Holdings LLC, 463 P.3d 315 (Colo. App. 2019) — Successfully argued the statute of limitations had not expired on two “on demand” promissory notes ($739,000 and $150,000). Reversed the trial court’s summary judgment dismissal.
  • Gunderson v. Weidner Holdings LLC, 22CA0420, not published, 2023 — Successfully enforced the same promissory notes after opposing party argued the funds were gifts. Colorado Court of Appeals affirmed.
  • Blanka v. Hicks, 89 CA 1029, not published, 1991 — Successfully enforced a settlement agreement. Colorado Court of Appeals affirmed.
Criminal Case Appeals (District Attorney’s Office)
  • People v. Appelhanz, 738 P.2d 1182 (Colo. 1987)
  • People v. Ellinger, 754 P.2d 396 (Colo. App. 1987) — trial only
  • People v. Wilder, 687 P.2d 451 (Colo. 1984)
  • People v. Siwierka, 683 P.2d 356 (Colo. 1984)
Workers’ Compensation Appeals
  • Wolfe v. ICAO, 06CA0649, 2007 — Successfully appealed an ALJ decision on when a live-in caretaker of a vacation home is covered for an on-site injury.
  • Monroe v. Arellano and ICAO, 92CA0545, 1992 — Obtained benefits for client; defended appeal on whether a rental home owner qualified as a “statutory employer.”
  • Juarez v. Veco Drilling and CCIA, W.C. #3-104-726, 1996 — Won appellate procedural ruling in client’s favor.
  • McCurdy v. Winchester Motel and CCIA, W.C. #4-263-272, 1996 — Won appeal on compensability of claim.
  • Walker v. Jim Fuoco Motor Company and CCIA, W.C. #4-238-397, 1996 — Won appeal determining shoulder injury compensated under whole-person impairment schedule.
  • Davis v. Grand Junction Drainage District and CCIA, W.C. 3-109-800, 1994 — Won appeal on compensability of claim.
  • Gomez v. Mid Continent Resources and CCIA, W.C. 3-069-880, 1993 — Won appeal on whether disability benefits would be offset by Social Security payments.
  • Trimm v. Mesa Manor and CCIA, W.C. 3-055-938, 1993 — Ruling allowed concurrent permanent partial and temporary total disability benefits upon reopening for a worsened condition.
  • Renteria v. Grand Junction Pizza and CCIA, W.C. 3-102-376, 1993 — Ruling clarified whether statutory amendments applied based on a determination of the date of injury for an occupational disease.​
  • Rumbaugh v. World Wide Construction Services et al., W.C. Nos. 3-017-445 & 3-066-205, 1992 — Won appeal on compensability of occupational asthma.
  • Lucas v. CAPCO, Inc. and CCIA, W.C. #3-071-856, 1994 — Won appeal on circumstances under which a closed claim can be reopened.
  • Gerloff v. Meeker School District and CCIA, W.C. #4-327-138, 1999 — Won appeal distinguishing workplace injury from natural progression of a preexisting condition.
  • Robins v. Rowland and Donlan Construction, W.C. 4-491-607, 2022 — Won ruling that injured worker was not an independent contractor, making Donlan Construction liable as a “statutory employer.”

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