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District Court, ___ Judicial District
Dolores County, State of Colorado DATE FILED: September 12, 2023 4:41 PM
FILING ID: F3E7715BF2DE6
Dolores County Combined Court CASE NUMBER: 2023CV30007
PO Box 511
Dove Creek, Colorado 81324
Telephone: (970) 677-2258
STEPHANIE GABRISCH, individually, and COURT USE ONLY
STEPHEN ANDERSON on behalf of the Estate
of GREGORY GABRISCH
Plaintiffs, Case Number:
Div.:
v.
RONALD MOROSKO and
SLADE M. PEPKE
Defendants.
Attorney for Plaintiff:
Robert Morse
DASPIT LAW FIRM, PLLC
440 Louisiana Street, Suite 1400
Houston, Texas 77002
Telephone: (713) 322-4878
Facisimile: (713) 587-9086
Email: e-service@daspitlaw.com
Atty. Reg.#: 58846
PLAINTIFFS’ ORIGINAL COMPLAINT AND JURY DEMAND
COME NOW, Stephanie Gabrisch, individually, and Stephen Anderson on behalf of the
Estate of Gregory Gabrisch, by their counsel, The Daspit Law Firm, PLLC, for their Complaint
against the Defendants, Ronald Morosko and Slade M. Pepke. Plaintiff states and alleges as
follows:
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INTRODUCTION
1. This is a negligence action to recover damages suffered by Plaintiff, Stephanie Gabrisch,
arising from the wrongful death of her husband, Gregory Gabrisch, due to the negligent and
unlawful conduct of the Defendants. Specifically, the action arises from Defendant Morosko’s
negligent discharge of a firearm at the San Juan National Forest, in Dolores County, Colorado
on September 17, 2021. Plaintiff, Stephanie Gabrisch, seeks damages for the wrongful death
of the decedent, her husband, Gregory Gabrisch.
PARTIES
2. Plaintiff, Stephanie Gabrisch, is an individual who is a citizen and resident of the State of
Texas, residing in Houston, Texas in Harris County.
3. Plaintiff, Stephanie Gabrisch, is the wife and wrongful death heir of the decedent, Gregory
Gabrisch.
4. Defendant Ronald Morosko is an individual who is a citizen and resident of the State of
Pennsylvania, residing in Allegheny County. Defendant Ronald Morosko may be served at his
residence at 610 Rock Run Road, Elizabeth, Pennsylvania 15037-2421.
5. Defendant Slade M. Pepke is an individual who is a citizen and resident of the State of
Pennsylvania, residing in Washington County. Defendant Slade M. Pepke may be served at his
residence at 120 4th Avenue, New Eagle, Pennsylvania 15067-1502.
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6. Defendants Ronald Morosko and Slade M. Pepke may hereinafter be collectively referred to
as “Defendants.”
JURISDICTION AND VENUE
7. This Court has jurisdiction over this action pursuant to C.R.S. §13-1-124(1)(b) and (c).
8. This Court has personal jurisdiction over the Defendants because the Defendants engaged in
the commission of tortious acts and omissions complained of herein Colorado and because of
Defendants use of real property located in Dolores County, Colorado.
9. Venue is proper pursuant to C.R.C.P. 98(c)(3)(5) because all or a substantial part of the events
or omissions that gave rise to the tortious conduct alleged herein occurred in Dolores County.
GENERAL ALLEGATIONS
10. Plaintiff incorporates all other allegations in this complaint as set forth herein.
11. The decedent, Gregory Gabrisch, was engaged in archery hunting at the San Juan National
Forest around the Lizard Head Wilderness Area of Dolores County, Colorado on September
17, 2021.
12. At the same time, Defendants were “black powder” hunting, also referred to as “muzzleloader”
hunting for elk on the same trail.
13. Defendant Pepke was utilizing an animal call to lure elk into the Defendants’ immediate area.
14. Defendant Morosko believed he saw an elk coming into the area.
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15. Defendant Morosko failed to properly identify his target before discharging his firearm.
16. As a result, the bullet struck Gregory Gabrisch in the chest.
17. Gregory Gabrisch passed away as a result of his injuries.
COUNTS AGAINST ALL DEFENDANTS
COUNT I
NEGLIGENCE
18. Plaintiff incorporates all other allegations in this complaint as set forth herein.
19. Defendants’ actions involved an extreme degree of risk, considering the probability and
magnitude of the potential harm to Plaintiff.
20. Defendant Morosko proceeded with conscious indifference to the rights, safety, or welfare of
Plaintiff despite Defendant Morosko’s actual, subjective awareness of the risk involved when
failing to properly identify his target before discharging his firearm.
21. Defendant Pepke failed to warn Defendant Morosko that the target before them was Gregory
Gabrisch. Defendant Pepke also failed to stop Defendant Morosko from discharging his
firearm. As such, Defendant Pepke acted with a conscious indifference to the rights, safety, or
welfare of Gregory Gabrisch despite Defendant Pepke’s actual, subjective awareness of the
risk involved.
COUNTS II AND III
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WRONGFUL DEATH AND SURVIVAL ACTION
22. Plaintiff incorporates all other allegations in this complaint as set forth herein.
23. As a direct and proximate result of the negligent and unlawful conduct of the Defendants as
described herein, Plaintiff has suffered and will continue to suffer in the future the following
general and special damages resulting from the wrongful death of Gregory Gabrisch.
(a) Grief, past and future;
(b) Loss of affection, society, companionship, guidance, and counseling, past and future;
(c) Pain and suffering, mental anguish, and emotional distress, past and future;
(d) Funeral and burial expenses;
(e) Loss of financial and pecuniary support of Gregory Gabrisch;
(f) Loss of inheritance from or by Gregory Gabrisch; and
(g) Any and all other losses and damages sustained by Plaintiff and/or the heirs of Gregory
Gabrisch and to which Plaintiff and/or the heirs of Gregory Gabrisch may be legally
entitled to either pursuant to statute or common law.
24. According to C.R.S § 13-21-101, Plaintiff also claims interest on the damages alleged from
the date the action accrued.
25. Plaintiff is precluded from asserting a claim for exemplary damages “in any initial claim for
relief.” C.R.S. § 13-21-102(1.5)(a), -302(3)(c)(I). Plaintiff hereby reserves the right to seek
amendment of their Complaint to assert a claim for exemplary damages against one or more
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of the Defendants based on prima facie proof of a triable issue after the exchange of initial
disclosures as provided by Colorado statute.
DEMAND FOR TRIAL BY JURY
Plaintiff demands a trial by jury on all issues that are so triable.
Respectfully submitted,
By: Robert Morse
Robert Morse
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District Court, ___ Judicial District Dolores County, State of Colorado DATE FILED: September 12, 2023 4:41 PM FILING ID: F3E7715BF2DE6 Dolores County Combined Court CASE NUMBER: 2023CV30007 PO Box 511 Dove Creek, Colorado 81324 Telephone: (970) 677-2258 STEPHANIE GABRISCH, individually, and COURT USE ONLY STEPHEN ANDERSON on behalf of the Estate of GREGORY GABRISCH Plaintiffs, Case Number: Div.: v. RONALD MOROSKO and SLADE M. PEPKE Defendants. Attorney for Plaintiff: Robert Morse DASPIT LAW FIRM, PLLC 440 Louisiana Street, Suite 1400 Houston, Texas 77002 Telephone: (713) 322-4878 Facisimile: (713) 587-9086 Email: e-service@daspitlaw.com Atty. Reg.#: 58846 PLAINTIFFS’ ORIGINAL COMPLAINT AND JURY DEMAND COME NOW, Stephanie Gabrisch, individually, and Stephen Anderson on behalf of the Estate of Gregory Gabrisch, by their counsel, The Daspit Law Firm, PLLC, for their Complaint against the Defendants, Ronald Morosko and Slade M. Pepke. Plaintiff states and alleges as follows: 1 INTRODUCTION 1. This is a negligence action to recover damages suffered by Plaintiff, Stephanie Gabrisch, arising from the wrongful death of her husband, Gregory Gabrisch, due to the negligent and unlawful conduct of the Defendants. Specifically, the action arises from Defendant Morosko’s negligent discharge of a firearm at the San Juan National Forest, in Dolores County, Colorado on September 17, 2021. Plaintiff, Stephanie Gabrisch, seeks damages for the wrongful death of the decedent, her husband, Gregory Gabrisch. PARTIES 2. Plaintiff, Stephanie Gabrisch, is an individual who is a citizen and resident of the State of Texas, residing in Houston, Texas in Harris County. 3. Plaintiff, Stephanie Gabrisch, is the wife and wrongful death heir of the decedent, Gregory Gabrisch. 4. Defendant Ronald Morosko is an individual who is a citizen and resident of the State of Pennsylvania, residing in Allegheny County. Defendant Ronald Morosko may be served at his residence at 610 Rock Run Road, Elizabeth, Pennsylvania 15037-2421. 5. Defendant Slade M. Pepke is an individual who is a citizen and resident of the State of Pennsylvania, residing in Washington County. Defendant Slade M. Pepke may be served at his residence at 120 4th Avenue, New Eagle, Pennsylvania 15067-1502. 2 6. Defendants Ronald Morosko and Slade M. Pepke may hereinafter be collectively referred to as “Defendants.” JURISDICTION AND VENUE 7. This Court has jurisdiction over this action pursuant to C.R.S. §13-1-124(1)(b) and (c). 8. This Court has personal jurisdiction over the Defendants because the Defendants engaged in the commission of tortious acts and omissions complained of herein Colorado and because of Defendants use of real property located in Dolores County, Colorado. 9. Venue is proper pursuant to C.R.C.P. 98(c)(3)(5) because all or a substantial part of the events or omissions that gave rise to the tortious conduct alleged herein occurred in Dolores County. GENERAL ALLEGATIONS 10. Plaintiff incorporates all other allegations in this complaint as set forth herein. 11. The decedent, Gregory Gabrisch, was engaged in archery hunting at the San Juan National Forest around the Lizard Head Wilderness Area of Dolores County, Colorado on September 17, 2021. 12. At the same time, Defendants were “black powder” hunting, also referred to as “muzzleloader” hunting for elk on the same trail. 13. Defendant Pepke was utilizing an animal call to lure elk into the Defendants’ immediate area. 14. Defendant Morosko believed he saw an elk coming into the area. 3 15. Defendant Morosko failed to properly identify his target before discharging his firearm. 16. As a result, the bullet struck Gregory Gabrisch in the chest. 17. Gregory Gabrisch passed away as a result of his injuries. COUNTS AGAINST ALL DEFENDANTS COUNT I NEGLIGENCE 18. Plaintiff incorporates all other allegations in this complaint as set forth herein. 19. Defendants’ actions involved an extreme degree of risk, considering the probability and magnitude of the potential harm to Plaintiff. 20. Defendant Morosko proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff despite Defendant Morosko’s actual, subjective awareness of the risk involved when failing to properly identify his target before discharging his firearm. 21. Defendant Pepke failed to warn Defendant Morosko that the target before them was Gregory Gabrisch. Defendant Pepke also failed to stop Defendant Morosko from discharging his firearm. As such, Defendant Pepke acted with a conscious indifference to the rights, safety, or welfare of Gregory Gabrisch despite Defendant Pepke’s actual, subjective awareness of the risk involved. COUNTS II AND III 4 WRONGFUL DEATH AND SURVIVAL ACTION 22. Plaintiff incorporates all other allegations in this complaint as set forth herein. 23. As a direct and proximate result of the negligent and unlawful conduct of the Defendants as described herein, Plaintiff has suffered and will continue to suffer in the future the following general and special damages resulting from the wrongful death of Gregory Gabrisch. (a) Grief, past and future; (b) Loss of affection, society, companionship, guidance, and counseling, past and future; (c) Pain and suffering, mental anguish, and emotional distress, past and future; (d) Funeral and burial expenses; (e) Loss of financial and pecuniary support of Gregory Gabrisch; (f) Loss of inheritance from or by Gregory Gabrisch; and (g) Any and all other losses and damages sustained by Plaintiff and/or the heirs of Gregory Gabrisch and to which Plaintiff and/or the heirs of Gregory Gabrisch may be legally entitled to either pursuant to statute or common law. 24. According to C.R.S § 13-21-101, Plaintiff also claims interest on the damages alleged from the date the action accrued. 25. Plaintiff is precluded from asserting a claim for exemplary damages “in any initial claim for relief.” C.R.S. § 13-21-102(1.5)(a), -302(3)(c)(I). Plaintiff hereby reserves the right to seek amendment of their Complaint to assert a claim for exemplary damages against one or more 5 of the Defendants based on prima facie proof of a triable issue after the exchange of initial disclosures as provided by Colorado statute. DEMAND FOR TRIAL BY JURY Plaintiff demands a trial by jury on all issues that are so triable. Respectfully submitted, By: Robert Morse Robert Morse 6