On Dec. 2, 2011, plaintiff Douglas Strauss, 44, a machinery general supervisor for National Steel and Shipbuilding Co., was working aboard the United States Naval ship, the USS McClusky, in San Diego. While boarding the vessel, Strauss stepped down from the gangway onto a plastic pallet, which buckled. As a result, Strauss stumbled onto the deck and allegedly sustained to his right knee. Strauss sued the United States of America since, at the time of the incident, the gangway was under the control of the U.S. Navy. Strauss alleged that the United States failed to turn over the vessel to the repairmen in a reasonably safe condition and that the United States breached its duty under Scindia Steam Navigation Co. Ltd. v. De Los Santos to safely maintain areas and equipment under its control. Counsel also alleged that the United States breached its duty to provide a safe means of access to the vessel. Defense counsel did not argue that the gangway was safe, but denied any causation., Strauss sustained a full-thickness tear of the hard cartilage under Strauss’ right kneecap (traumatic chondromalacia). After the accident, Strauss modified his activities and continued to work for two months. His employer referred him to an orthopedic surgeon and, based on his surgeon’s recommendation, Strauss continued working for his employer with significant pain through Feb. 1, 2012. Given his lack of improvement, Strauss obtained his employer’s permission to treat with a physician of his choice. On Feb. 2, 2012, the plaintiff’s treating orthopedic surgeon, Strauss’ chosen physician, took Strauss off of work and diagnosed him with traumatic chondromalacia of the patella. Strauss ultimately underwent right knee surgery, consisting of a synovectomy and partial lateral meniscectomy, on Aug. 1, 2012. However, due to ongoing pain, the plaintiff’s treating orthopedic surgeon referred Strauss to another orthopedic surgeon for further evaluation. This third orthopedic surgeon performed kneecap resurfacing surgery on Sept. 19, 2013. The third orthopedic surgeon found Strauss’s kneecap to be permanent and stationary on Feb. 11, 2014, and subsequently restricted Strauss to sedentary work, which precluded him from returning to his usual and customary job as a shipyard machinery supervisor. Thus, Strauss sought recovery of past and future medical costs, and past and future loss of earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel argued that the alleged incident did not cause Strauss’ knee condition. Counsel also contended that Strauss did not seek medical treatment for seven days after the alleged incident and then continued working for two months after the alleged accident.