Case Background
On November 2, 2021, Salvador Calderas drove his vehicle on Hesperia Road at or near its intersection with Nisqualli Road in Victorville, San Bernardino County, California. At the same time and place, Andrew Collins operated a 2020 Ford Explorer in the course and scope of his employment with the County of San Bernardino and the San Bernardino County Sheriff's Department. Collins negligently and carelessly operated the vehicle, and the two vehicles became involved in a collision that injured and damaged Calderas.
Calderas resided in the City of Hesperia, San Bernardino County, at the time of the incident. He presented a claim for damages to the County of San Bernardino, the San Bernardino County Sheriff's Department, and Andrew Collins on March 8, 2022, pursuant to the California Government Code. The County rejected the claim on March 30, 2022. Calderas filed his complaint on July 20, 2022 in San Bernardino County Superior Court.
Cause
Calderas alleged that Collins negligently and carelessly operated the 2020 Ford Explorer while acting within the course and scope of his employment with the County of San Bernardino and the San Bernardino County Sheriff's Department, pursuant to Government Code Section 815.2. The complaint alleged that Collins's negligent operation of the vehicle caused the collision with Calderas's vehicle at the Hesperia Road and Nisqualli Road intersection.
Injury
Calderas alleged he sustained personal injuries that caused and would continue to cause pain, discomfort, and physical disability. The complaint also alleged Calderas required the services of physicians, surgeons, and other medical professionals for examination, treatment, and care, and that he incurred and would continue to incur medical and incidental expenses. Calderas further alleged his vehicle was damaged and depreciated, requiring repairs, and that he lost the use of his automobile for a period of time. The complaint stated Calderas was gainfully employed at the time of the collision and alleged he lost earnings and would continue to be deprived of future earnings as a result of the Defendants' conduct.
Damages Sought
Calderas sought general damages, past and future medical and related expenses, past and future loss of earnings, past and future loss of income from impaired earning capacity, property damage, loss of use of his automobile, prejudgment interest pursuant to Civil Code Section 3291, and costs of suit. In his Statement of Nature and Amount of Damages, Calderas sought $10,000,000 in general damages, with all other categories listed as amounts to be determined. The Plaintiff also reserved the right to seek punitive damages pursuant to California Code of Civil Procedure Section 425.115.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Salvador Calderas
· Counsel for Plaintiff: Robert T. Simon | Jenny V. Anglin | Greg A. Jackson
Defendant: Andrew Collins and County of San Bernardino (erroneously sued as County of San Bernardino and San Bernardino County Sheriff's Department)
· Counsel for Defendant: Adam L. Miederhoff | Tom Bunton
Key Arguments or Remarks by Counsel
Claims
Calderas brought a single cause of action for negligence against Collins and the County of San Bernardino. He alleged Collins negligently operated the 2020 Ford Explorer while employed by the County and the San Bernardino County Sheriff's Department, and that this negligence was a substantial factor in causing the collision and his resulting injuries. Calderas alleged the County bore liability for Collins's conduct under Government Code Section 815.2, which holds a public entity liable for injury caused by the act or omission of an employee within the scope of employment.
Defense
San Bernardino County and Andrew Collins generally denied each and every allegation in Calderas's complaint and denied that the Plaintiff was damaged in the amounts claimed or at all. The Defendants raised fifteen affirmative defenses.
The Defendants argued Calderas's own negligence contributed to any injury he allegedly suffered and that his recovery should be proportionately reduced. They asserted the complaint failed to state facts sufficient to constitute a cause of action. The defense contended Calderas voluntarily exposed himself to known danger and assumed the risk of injury. They also argued that the negligence of other persons caused or contributed to any injury.
The Defendants invoked California Civil Code Sections 1431.1 through 1431.5, arguing any non-economic damages should be allocated in direct proportion to each Defendant's percentage of fault. They contended Calderas failed to mitigate his damages by not exercising reasonable diligence in caring for his alleged injuries. The defense further asserted Calderas's recovery was barred or limited under California Civil Code Section 3333.4 and Proposition 13 for failure to carry the required statutory automobile insurance.
The Defendants raised several government immunity defenses. They cited Government Code Section 815.2, arguing a public entity is not liable where the employee is immune from liability. The defense also invoked Government Code Section 17004, which provides immunity for public employees operating authorized emergency vehicles in the line of duty while responding to emergency calls or in immediate pursuit of suspected law violators. The Defendants further argued Calderas had not stated a statutory basis for public entity liability as required by Government Code Section 815.
Jury Verdict
The case proceeded to a jury trial from September 15, 2025, to October 3, 2025, in Department S36 of the San Bernardino County Superior Court before the Honorable Joseph B. Widman. A jury of twelve persons was impaneled and sworn along with alternate jurors.
The jury found that the negligence of Andrew Collins and the County of San Bernardino was a substantial factor in causing harm to Salvador Calderas. The jury awarded Calderas total damages of $3,850,000, broken down as follows:
Past medical expenses: $750,000
Future medical expenses: $1,000,000
Past non-economic damages (including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, anxiety, and emotional distress): $600,000
Future non-economic damages (including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, anxiety, and emotional distress): $1,500,000
The Court entered judgment on October 20, 2025, ordering that Calderas shall have and recover from Andrew Collins and the County of San Bernardino, jointly and severally, the sum of $3,850,000, together with costs and post-judgment interest pursuant to California Government Code Section 970.1 and California Code of Civil Procedure Section 3287, in amounts to be determined.
