Gerash, Toray & Gerash, P.C.

Sample Cases

Gerash, Toray & Gerash, P.C. has a proven track record of success in multiple areas of law. We have listed the following recent cases to give you a glimpse of our expertise in a few of our areas of practice.

Criminal Cases:

Felony Menacing, three counts: Not Guilty verdict
Attempted First Degree Murder (shooting w/ firearm): Verdict: Guilty of Second Degree Assault, Heat of Passion
Careless Driving Resulting in Death and Serious Bodily Injury, three counts: Verdict: Not Guilty
DUI and Resisting Arrest. Park County. Case currently being appealed

We are currently handling numerous felony and misdemeanor cases in Adams, Arapahoe, Jefferson, Douglas, Denver, Boulder, Park, Grand Junction and Montrose Counties.

Medical Malpractice Cases:

Obstetric malpractice case resulting in multi-million dollar settlement
Surgical sponge left in heart during surgery causing death: Case settled at settlement conference
Failure to intubate patient in respiratory distress resulting in catastrophic anoxic brain injury: Case settled one week prior to trial
Anesthesiologist failing to decompress stomach prior to induction of anesthesia causing massive aspiration and eventual death
Psychiatric medical malpractice: Improper relationship
Psychiatric medical malpractice resulting in suicide

Employment Discrimination Cases:

A wrongful termination based on race and subsequent malicious prosecution
A sexual harassment case resulting in constructive discharge
A sexual discrimination case representing several women against a golf course employer

Civil Cases:

Negligence action against nightclub: Case tried to jury resulting in Plaintiff verdict in excess of $100,000 judgment
Product Liability case involving a helicopter crash causing severe burns: Multi-million dollar settlement
Personal Injury and Product Liability case involving a crane accident in which Plaintiff lost an arm. Settled in excess of $1 million
Teenager shot by police while involved in burglary: Settled with City of Denver in excess of $1 million
Products case involving defective swing set
Toxic Tort action involving arsenic/chromium poisoning after intense exposure to arsenic treated lumber
Motorcycle accident resulting in settlement
Mass Federal Tort action with multiple plaintiffs involving bus accident in Italy alleging negligence of Tour company

Appellate Advocacy:

Sampling of Published Cases:

People v. Eppens, 979 P.2d 14 (Colo. 1999) (Supreme Court reversed a successful challenge in the court of appeals to a conviction for sexual assault on a child, finding there was no plain error form social worker opining that child was sincere and that the prior consistent statements of the child properly were admissible under CRE 801(d)(1)(B)).

Nguyen v. People, 900 P.2d 37 (Colo. 1995) (Supreme Court partially affirmed a successful equal protection challenge to the second degree assault statute. The statute subsequently was amended by the legislature).

People v. Frost, 5 P3d 317 (Colo. App. 1999) (certiorari denied as improvidently granted, 33 P3d 555 (Colo. 2001) (Conviction for sexual assault on a child reversed when the Court of Appeals agreed with the defense assertion that the prior assault of the victim's cousin was not properly admissible as other act evidence under CRE 404(b) and its admission was not harmless error).

People v. Downing, 895 P2.d 1046 (Colo 1995) (successful challenge to an increase in time given an inmate under 35(b) when transferred from DOC to community corrections).

Zapotocky v. People, 869 P2d 1234 (Colo. 1994) (Supreme Court rejected constitutional challenges, including due process and ex post facto) to the competency statutes).

Gorman v. People, 19 P3d 662 (Colo. 2000) (Supreme Court rejected defense assertions that, despite omission of the element "knowingly" from the statute, the prosecution must prove that the defendant knew the age of the child/minor to be found guilty of contributing to the delinquency of a minor)

People v. Rivera, 2002 WL 31268890 (Colo. App. 2002) (Court reversed a conviction for securities fraud because it found plain error resulted from the failure to provide the jury with a unanimity instruction).

People v. McCarty, 874 p2d 394 (Colo. 1994) (Supreme Court found no new evidentiary hearing was required to resentence a defendant after revocation of probation).