On Oct. 20, 2009, plaintiff Jeffrey Gold, 56, an ophthalmologist, went to a Jeet Kune Do, a form of martial arts, class at JKD & Functional Fitness in Point Loma. The trainer and owner of JKD, Al Lowrimore, conducted the class. Gold claimed that while participating in an exercise drill with Lowrimore, the trainer kicked him in the right knee, causing a serious injury. Gold sued Al Lowrimore, who was doing business as JKD & Functional Fitness. He alleged that the defendant’s actions constituted negligent training and instruction. Gold claimed Lowrimore was negligent and reckless during the exercise drill, kicking him in the right knee and causing a serious injury. He specifically claimed that kicking was not supposed to be part of the exercise. Lowrimore claimed that he never kicked Gold during the exercise drill and that he did not cause him any injury. He further claimed that any injury sustained by Gold during the class was barred by the assumed risk of participating in a martial arts class., Gold went to an orthopedic surgeon eight days after suffering an alleged knee injury. He was diagnosed with a suspected right anterior cruciate ligament tear, but did not have a scheduled MRI. For a year following the alleged incident, Gold treated with massages and occasional stretching. In April 2011, he underwent arthroscopic surgery on his right knee and followed up with three months of physical therapy, during which time he was out of work. Gold claimed he still suffers from pain and discomfort in his right knee, and that he will require additional physical therapy and orthopedic consultation. He also claimed he can no longer engage in physical activity, such as running and playing softball. Thus, plaintiff’s counsel contended that Gold’s past medical costs amounted to $40,000. Counsel also asked the jury to award $30,000 in damages for Gold’s past lost earnings, and past and future pain and suffering. Defense counsel disputed causation for Gold’s alleged injury, arguing that Lowrimore did not cause any injury to Gold during the exercise drill.