Case Background
On September 30, 2020, Emanuel Butler, a resident of Rialto, California, was driving his 2004 Ford F-150 truck eastbound on Third Street in San Bernardino, approaching its T-intersection with Lena Road. Jorge Lozano, a County of San Bernardino employee, drove a county-owned 2017 Ford Explorer northbound on Lena Road and attempted to turn left to head westbound on Third Street. The intersection was controlled by traffic lights. Butler moved through on a green light when Lozano ran the red light without warning and struck Butler's truck. The collision caused serious injuries to Butler.
Butler filed a government tort claim against the County and Lozano on December 18, 2020, within six months of the accident. The County rejected the claim on January 21, 2021.
Cause
The crash occurred when Lozano, acting within the scope of his employment with the County of San Bernardino, ran a red light and struck Butler's vehicle broadside at the intersection of Third Street and Lena Road.
Injury
Butler suffered severe and permanent physical injuries as a result of the collision. He required ongoing medical treatment, including hospital care, physician visits, and surgical services. He also experienced significant loss of earnings and long-term diminishment of his ability to earn income.
Damages Sought
Butler sought compensation for past and future medical expenses, loss of earnings and earning capacity, general damages exceeding $25,000, prejudgment interest, and Court costs.
Key Arguments and Proceedings
The complaint was filed on June 10, 2021, in the Superior Court of California, County of San Bernardino. Lozano filed his answer on September 24, 2021, through the County Counsel's office. The case went to trial beginning February 2, 2026, and the jury returned its special verdict on March 23, 2026.
Legal Representation
Plaintiff: Emanuel Butler
· Counsel for Plaintiff: Ardy Pirnia, Esq | Brandon Salumbides, Esq.
Defendant: County of San Bernardino
· Counsel for Defendant: Mitchell L. Norton | Michelle D. Blakemore
Key Arguments or Remarks by Counsel
Plaintiff's counsel argued that the County bore full responsibility for the crash because Lozano was driving a county-owned vehicle on county business and ran a red light. Counsel pointed to Government Code Sections 815.2 and 820, which hold public entities and their employees liable for injuries caused during the scope of employment, in the same way a private person would be held responsible.
Defense counsel countered that Butler bore some responsibility for the crash by failing to exercise ordinary care. The defense also contended that Butler voluntarily assumed risks, failed to take steps to limit his own damages, and that any damages should be shared proportionally among all parties who contributed to the harm.
Claims
Negligence and Liability of a Public Entity
Butler's sole cause of action was grounded in Government Code Sections 815.2 and 820. He alleged that Lozano, while driving a county vehicle within the course of his employment, negligently operated that vehicle by running a red light and causing the collision. Butler argued the County was vicariously liable for Lozano's conduct and had a duty to ensure its employees operated county vehicles safely.
Defense
Lozano's answer raised fourteen affirmative defenses. The most significant were contributory negligence, arguing Butler failed to exercise reasonable care; assumption of risk, claiming Butler was aware of and voluntarily exposed himself to the risk of harm; and failure to mitigate damages, alleging Butler did not take reasonable steps to reduce his losses after the crash.
The defense also challenged Butler's compliance with California's government claims process, arguing his claim contained inaccurate information about when the claim accrued. Additionally, the defense argued that to the extent any non-economic damages were awarded, the County's liability should be proportionate to its share of fault under Civil Code Section 1431.2.
Jury Verdict
The jury returned a verdict entirely in favor of Butler. On Question 1, the jury found that Lozano was negligent. On Question 2, the jury found that Lozano's negligence was a substantial factor in causing harm to Butler. On Question 4, the jury found that Butler was not negligent, meaning the defense's contributory negligence argument did not succeed, and the case stopped at that point without requiring apportionment of fault.
The jury awarded Butler a total of $6,002,314 in damages, broken down as follows:
Past Medical Expenses: $237,314
Future Medical Expenses: $765,000
Past Noneconomic Damages — covering physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress: $2,000,000
Future Noneconomic Damages — covering the same categories of harm going forward: $3,000,000
Because the jury found Butler bore no fault for the accident, the County of San Bernardino was fully responsible for the total award. The presiding juror, Peter Hidalgo, signed the verdict form on March 23, 2026.
Court documents are available upon request at [email protected]
