Investigator ran the light, but says plaintiff was speeding through intersection.
The Case
- Case Name: Emanuel Butler v. County of San Bernardino
- Court and Case Number: San Bernardino County Superior Court / CIVSB3117028
- Date of Verdict or Judgment: Monday, March 23, 2026
- Date Action was Filed: Thursday, June 10, 2021
- Type of Case: Vehicles - Intersection
- Judge or Arbitrator(s): Hon. Michael A. Dauber
- Plaintiffs:
Emanuel Butler, 60
- Defendants:
County of San Bernardino
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $6,002,314
- Contributory/Comparative Negligence: None
- Economic Damages:
Past medical expenses: $237,314
Future medical expenses: $765,000
- Non-Economic Damages:
Past: $2,000,000
Future: $3,000,000
- Jury Polls: Unanimous
The Attorneys
- Attorney for the Plaintiff:
Kramer Trial Lawyers by Daniel K. Kramer and William Matthews, Los Angeles.
- Attorney for the Defendant:
Wesierski & Zurek LLP by Michelle Prescott and Kathryn Harvey, Lake Forest.
The Experts
- Plaintiff’s Medical Expert(s):
Brian King, M.D., neuroradiology.
- Defendant's Medical Expert(s):
Charles Rosen, M.D., orthopedics.
Carey Albertsone, MD, neurosurgery.
- Plaintiff's Technical Expert(s):
Andrew Morris, DC, billing.
- Defendant's Technical Expert(s):
Beau LeBlanc, accident reconstruction.
Facts and Background
- Facts and Background:
This case arose from a motor vehicle collision on September 30, 2020, at the intersection of Lena Road and Third Street in San Bernardino. Plaintiff was driving a Ford F-150 when he was struck by a Ford Explorer driven by Jorge Lozano, a San Bernardino District Attorney investigator operating an unmarked investigative vehicle.
Following the collision, plaintiff initially reported limited injury, but later developed neck and back complaints. He underwent conservative care, pain management treatment including injections, and ultimately a lumbar microdiscectomy in 2023.
- Plaintiff's Contentions:
Plaintiff contended that Lozano negligently entered the intersection against a red light, causing the collision. He maintained that the crash resulted in significant spinal injuries that required ongoing treatment, including surgery, and led to lasting pain and functional limitations. Plaintiff further contended that his medical care and claimed damages were reasonable and necessary as a result of the collision.
- Defendant's Contentions:
Defendant contended that, while Lozano entered the intersection on a red light, plaintiff was comparatively at fault due to alleged excessive speed. Defendant further disputed the nature and extent of plaintiff’s claimed injuries, arguing that his condition was not caused by the collision and pointing to the timing of his complaints, gaps in treatment, and other factors to challenge causation and damages.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Plaintiff's spinal injuries include lumbar radiculopathy with nerve-root irritation, lumbar disc herniations at L3-4, L4-5, and L5-S1, lumbar vertebral endplate injury at L4, and cervical spine injuries with multilevel disc bulges and radiculopathy.
He underwent lumbar microdiscectomies at left L4-5 and right L5-S1.