CVN screenshot of plaintiff attorney Jason Sanchez delivering his closing argument
San Bernardino, CA - A California state court jury returned a $3.85 million verdict on Friday in favor of a man who suffered serious back and neck injuries after being rear-ended by a deputy sheriff who fell asleep at the wheel, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The San Bernardino County jury deliberated for two days in the trial that kicked off on September 18. The defense admitted liability for the underlying accident, but the parties clashed on the extent of plaintiff Salvador Calderas’ underlying injuries and the necessity of the medical care he received after the crash.
Attorneys for Calderas from The Simon Law Group requested between $9.4 million and $10.6 million in damages with the defense suggesting a total award of $125K. The plaintiff team told CVN after the verdict the defense made an initial $120k offer to resolve the case and later increased it to $3.5 million just before trial.
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Sheriff Deputy Andrew Collins slammed into the back of Calderas’ car while he was stopped at a traffic light in 2021. Calderas claimed he suffered spinal disc injuries that required invasive fusion surgery, and despite undergoing subsequent neck surgery and having a spinal cord stimulator implanted to relieve his pain, Calderas testified he still experiences daily disabling pain that will persist for the rest of his life.
The defense, while conceding liability for the crash itself, argued Calderas made a more complete recovery than suggested and insisted all of his treatment after the initial spinal disc repair was medically unnecessary.
Attorney Sevy Fisher of The Simon Law Group told CVN after the trial his team went in with a $5 million settlement demand and stuck to that even after the defense made their $3.5 million offer.
“We told them our bottom line was our bottom line and we meant it,” he said.
Fisher expressed some regret the verdict came in below what he requested, but he was also confident the award would help his client “get back on his feet” and no longer have to worry about money after an incident that “broke him physically and financially.”
“While the jury didn’t give us as much as we had hoped, we are very happy with the result as it will change our client’s life forever,” he stated.
Fisher also suggested his team’s insistence on sticking with their $5 million demand would yield benefits for his firm in later cases.
“Our unwillingness to come off our bottom line shows the defense moving forward that what we say is what we mean,” he said.
Fisher explained that lingering symptoms from previous physical accidents his client suffered, along with the demands of a labor-intensive job, ran the risk of confusing jurors on the causation issue, and that defense attorney Christopher Wesierski of Wesierski & Zurek LLP drilled in on those issues during trial.
“[Wesiersk] is very seasoned and does a very good job defending cases,” Fisher said. “I have known him and litigated against him for a decade and he is very effective.”
Wesierski did not respond to a request for comment from CVN.
CVN screenshot of defense attorney Christopher Wesierski delivering his closing argument
Fisher described how even seasoned litigators like himself succumb to stress and anxiety during a trial, but he said imagining he’s representing his wife and kids helps calm his nerves.
“I make the clients my family,” he said. “If you can’t personalize your clients to be your family I think it makes it very difficult to be a good trial lawyer.”
Fisher was joined at trial by co-counsel Jason Sanchez, also of The Simon Law Group.
The trial took place before Judge Joseph Widman.
Click here to read a copy of the verdict form
Email David Siegel at dsiegel@cvn.com