On June 23, 2011, plaintiff Shawn Gray, 41, a switchman for Union Pacific Railroad, was working at the West Colton Classification Yard. At approximately 2:30 a.m., while in the process of switching cars, Gray lifted a cut lever to separate the cars, which he claimed malfunctioned and caused him to lose his balance. Gray claimed that when combined with a poorly maintained walkway, his feet instantaneously went out from underneath him, causing him to fall backward onto the ground alongside the tracks and injure his lower back. Gray sued Union Pacific Railroad Co. under the Federal Employers Liability Act (FELA), alleging violations of the Federal Safety Appliance Act and General Order 118 of the California Public Utilities Commission. Gray contended that the subject railcar was poorly maintained and inspected, in that the subject cut lever was in violation of the Federal Safety Appliance Act, and that its failure contributed to the incident. He further contended that the subject walkway was also poorly maintained and inspected, and in violation of General Order 118 of the California Public Utilities Commission. Specifically, Gray claimed the walkway was made up of broken asphalt and rocks on top of the asphalt, creating an unstable and unsafe walking surface. Union Pacific disputed all of Gray’s allegations on liability. Defense counsel argued that General Order 118 of the California Public Utilities Commission did not apply to the subject area where Gray fell. Counsel further argued that the cut lever was not defective and, hence, not in violation of the Federal Safety Appliance Act., Within one week of the incident, Gray went to a chiropractor and was recommended to undergo an MRI of his lower back. He did not treat again until five or six months later, when he presented to a general practitioner and was referred to an orthopedic surgeon. In December 2011, Gray underwent an MRI of his lower back, which revealed a lumbar disc herniation at L5-S1. He subsequently treated with epidural injections and underwent a lumbar discectomy in February 2012. Gray then had some physical therapy and additional epidural injections post-surgery. Gray worked from the date of the accident until his surgery and was then off of work for one year before returning to full-time duty after the surgery. He claimed he still experiences residual symptoms in his lower back and radicular pain from work, requiring pain medication. He also claimed that his treating surgeon had recommended anterior and posterior fusion surgery at L5-S1. Gray claimed he is currently restricted from playing with his children and partaking in karate, in which he was a black belt. Gray’s past medical costs were excluded, but he sought recovery of roughly $150,000 in future medical costs and $1.8 million in total lost earnings. He also sought recovery of $3.5 million in total damages for his pain and suffering. Defense counsel disputed causation for Gray’s alleged injury, arguing that Gray did not formally report the injury until eight months after the alleged incident. Counsel also disputed Gray’s lost earnings claim, arguing that Gray was able to return to work and that he will continue to do so for the foreseeable future.