On July 29, 2010, plaintiff Victor Andujo, 55, a welder for BNSF Railway Co., was working on a maintenance project in San Bernardino when he allegedly became involved in a workplace altercation with another coworker. Andujo claimed that while he was sitting in his welding truck, his left foot was injured when the coworker slammed the front door on it. Andujo sued BNSF Railway Co. He claimed the defendant was vicarious liable for the coworker’s actions since the coworker was in the course and scope of his employment at the time of the alleged incident. Andujo also claimed that BNSF was directly liable for the incident under the Federal Employers Liability Act since the company was aware of the coworker’s vicious propensity. He further claimed that the defendant’s negligent retention and supervision caused the accident. BNSF claimed that the incident never happened, as Andujo did not initially report the incident to anyone. It also claimed that Andujo was subject to discipline for a workplace altercation on the date in question, and was informed about a hearing on the matter upon returning from vacation a week later. BNSF alleged that Andujo only reported his account of the incident and mentioned the injury for the first time at the hearing. Furthermore, defense counsel presented three eyewitnesses; the coworker that allegedly injured plaintiff and two others who were present at the hearing. The coworker subsequently denied slamming the door on Andujo’s foot, while the other two employees claimed they did not see the alleged incident occur., On Aug. 11, 2010, Andujo went to his doctor with complaints of a bruised left foot. He was subsequently referred to an orthopedist and then to a pain management specialist. He also briefly underwent some physical therapy. In September 2010, Andujo underwent a MRI of his left foot, which revealed plantar fasciitis and impaction between the ankle and heel bone. He then underwent surgery in December 2011 to have a spinal cord stimulator implanted to treat his neuropathic pain. Andujo did not return to work after the accident because he claimed he can no longer perform the duties of a welder. He also claimed he continues to treat with pain management, and will require a replacement battery for his spinal cord stimulator. Thus, plaintiff’s counsel asked the jury to award $1,424,365 in total damages for Andujo’s past and future medical costs, lost earnings, and pain and suffering. The defense’s biomechanical expert opined that Andujo’s injury pattern was inconsistent with the alleged mechanism of injury. The expert testified that the impaction between the ankle and heel could not have occurred from a lateral loading condition, as described by Andujo, but rather from an axial loading condition. Defense counsel further argued that Andujo could return to work as a welder with certain work restrictions.