On Aug. 10, 2009, at around 1:30 a.m., plaintiff Charles Davidson III, 29, a laborer for BNSF Railway Co., was helping a co-worker load supplies onto a honey wagon at his employer’s Diesel Service Facility, in Barstow. He claimed that as he tried to board the honey wagon’s cab, he instructed his co-worker, who was sitting in the driver’s seat, to reverse the honey wagon so that he would have room to board the passenger’s seat. However, Davidson claimed that his co-worker unexpectedly drove the wagon forward, striking his right leg and knee, pinning it between the wagon and a guardrail. Davidson claimed that as a result, he sustained a crush injury to his right knee. Davidson sued BNSF Railway Co., alleging negligence under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51, and negligent supervision. Davidson claimed that BNSF failed to provide a safe work environment and that BNSF failed to properly train its employees on how to safely operate the honey wagon. He also claimed BNSF was liable for his co-workers actions and, thus, was liable for his . Defense counsel disputed Davidson’s account of the events that led to his . They contended that Davidson was injured as the result of horseplay and that BNSF was not liable for that resulted from horseplay. Thus, defense counsel argued that Davidson was not loading supplies onto the honey wagon, that Davidson’s co-worker was jokingly trying to chase another co-worker’s wagon cart, and that Davidson and his co-worker changed their story to avoid disciplinary action. The court ultimately granted a motion in limine to exclude evidence related to unelated acts of horseplay that might have been related to a negligent supervision claim., Davidson sustained a crush injury to his right knee, resulting in a torn meniscus. He subsequently presented to an emergency room at a local hospital later that day and underwent arthroscopic meniscal repair surgery. He later required a meniscectomy. Davidson claimed that after the surgery to his right knee, he favored his left leg, resulting in a sympathetic injury to his left knee. As a result, he required a meniscectomy on his left knee. However, during the surgery, the plaintiff’s treating surgeon determined that Davidson’s meniscus in his left knee was not fully torn, and, instead, debrided Davidson’s wound and performed a lateral adjustment. Davidson claimed that the accident permanently disabled him from returning to work as a laborer and that he is restricted to sedentary work. However, he claimed he has not worked since the accident and experiences pain, stiffness and restricted range of motion in both knees. Thus, Davidson sought recovery for past and future lost wages, and recovery of damages for his past and future pain and suffering. Defense counsel argued that BNSF was not responsible for Davidson’s or future work restrictions.