On Feb. 14, 2012, plaintiff David Sulser, 61, a construction project manager, was at Independent Physical Therapy Inc. for his first outpatient physical therapy appointment after undergoing total knee replacement surgery on both knees a month prior. As part of the initial physical therapy session, the assigned physical therapist, Kevin Gilbert, asked Sulser to ride a recumbent bike for 10 minutes. He then left Sulser alone on the recumbent bike and returned after the 10 minute timer went off. As Sulser attempted to get off the bicycle to the left, away from Gilbert, Sulser fell. As a result, Sulser sustained to his left thigh. Sulser sued Gilbert and Independent Physical Therapy Inc., alleging that the defendants’ actions constituted medical malpractice. Plaintiff’s counsel contended that video footage showed Sulser getting off of the bicycle on the left, while Gilbert stood motionless for several seconds on Sulser’s right. Counsel also contended that both Sulser and Gilbert’s employer claimed that Sulser told Gilbert, who was standing about two feet away, that he was tired after the bike ride. Thus, plaintiff’s counsel argued that Gilbert acted below the standard of care by failing to help Sulser, who was fatigued, get off the bicycle or, at least, stand on the same side of the bicycle where Sulser got on in order to assist him. Gilbert claimed that he told to Sulser to stop riding the bicycle if he was feeling tired, but that Sulser never stopped and rode at less than 60 rpm. He also claimed that Sulser never said anything about being tired after the bike ride. He further claimed that there was no reason to help Sulser exit the bike because Sulser was able to get on it by himself and that he never asked Sulser to dismount the bike. In addition, Gilbert claimed that Sulser, without warning, attempted to get off the bicycle to the left, away from where he was standing, and that Sulser was grabbing a nearby pedal of an arm bike when he fell to his left. Defense counsel contended that Sulser had been walking for several weeks before he started physical therapy at Independent Physical Therapy. Counsel also contended that the video of the scene showed Sulser easily walking around the premises during the evaluation. Counsel further contended that the video footage showed Sulser getting off of the bicycle on the left, away from where Gilbert stood two feet away, and that it took Sulser two seconds to fall from his unannounced dismount. Defense counsel argued that the video showed that as Sulser attempted to get off the bicycle, Sulser grabbed the pedal of the exercise machine to his left while his right foot simultaneously contacted the bicycle frame. Thus, counsel argued that Sulser was negligent for grabbing a hand pedal on an adjacent piece of equipment, causing him to fall., One day after the incident, a treating orthopedist diagnosed Sulser with a tear of the left quadriceps tendon. Sulser ultimately underwent tendon repair surgery on March 7, 2012. Sulser claimed he suffers from chronic pain since the incident. He also claimed he was unable to return to his job as a construction project manager because he could no longer safely climb stairs or ladders. Thus, Sulser sought recovery of approximately $400,000 for his past and future loss of earnings. He also sought recovery of general damages for his pain and suffering. He waived special damages for his past medical costs.