On Sept. 29, 2008, at approximately 7:30 p.m., plaintiff Selina Pillars, 41, a conductor employed by BNSF Railway Co., was on duty at Hobart Yard in Commerce. While tightening a vertical wheel hand brake on a rail car, Pillars suddenly twisted her lower back, it. Pillars sued BNSF Railway Co., alleging the defendant failed to provide a reasonably safe place to work in violation of the Federal Employers Liability Act and in violation of the Federal Safety Appliance Act. Pillars claimed that the vertical wheel hand brake suddenly broke loose while she was using it, causing her to twist her back. Thus, she claimed the wheel hand brake was inefficient under the Federal Safety Appliance Act in that it got hung up while tightening and then suddenly broke loose, as it did on the subject date, and that there was notice of said inefficiency. Pillars further claimed that BNSF failed to properly repair and maintain the equipment, and failed to enhance its training programs to prevent such accidents. BNSF denied Pillars’ allegations, claiming that the subject hand brake was widely known to experience “slippage” due to the mechanical spooling of the chain. It also claimed that the chain’s slippage was inherent in the design and operation of the brake, and that Pillars was fully trained in operating the hand brake. Thus, BNSF claimed that Pillars was simply using improper body mechanics during the incident, causing her own personal injury., On the date of the incident, a supervisor took Pillars to an urgent care clinic, where Pillars underwent an X-ray and was prescribed topical medication for strains and sprains to her lower back. Pillars claimed that when the medication did not help relieve her pain, she was prescribed physical therapy. As a result, she treated conservatively with physical therapy, chiropractic care and epidural injections over the next few years. In addition, approximately 30 days post-incident, Pillars had an MRI taken, which revealed a lumbar disc bulge at the L3-4 level. She ultimately underwent a fusion and laminectomy at L3-4 in July 2011. Pillars contended that while the surgery provided relief, she still experiences significant pain in her lower back and restricted movement. Thus, she claimed she is permanently disabled and cannot return to work as a train conductor. She also claimed that she is also prohibited from exercising, running on the beach and most household chores. The plaintiff’s expert orthopedic surgeon opined that Pillars can return to sedentary work. In addition, the plaintiff’s vocational rehabilitation expert testified that Pillars should train to become an accountant’s assistant. Pillars’ past medical costs were covered by her employer. Thus, she sought between $2 million and $4 million in total damages for her future medical costs, past and future lost earnings, and past and future pain and suffering. Defense counsel contended that films showed a mostly healthy spine with only a small disc bulge at L3-4, which was consistent with normal aging. Thus, counsel argued that, at most, Pillars sustained a strain/sprain to her lower back. Defense counsel contended that Pillars was cleared to return to work as a conductor, if she suffered merely strains and sprains. However, counsel contended that if the jury found for a more serious injury, Pillars could still be able to return to work at BNSF, but in a less physically demanding role that paid a comparable salary.