On Nov. 28, 2005, plaintiff Joel “Mark” Householter, 56, a radio station electronics engineer, was on the job when he slipped and fell, causing him to do a “split” and injure his left leg. He claimed he thought he suffered a fracture after hearing a snap in his leg during the fall, and was unable to walk or stand because of the pain. He was then taken by ambulance to St. Joseph Hospital in Orange, where he was treated in the Emergency Department by Emergency Room Physician Eric Gerdes, D.O. However, Gerdes determined that there was no emergency condition and diagnosed Householter with a probable partial tear of the left leg’s quadriceps muscle. On Dec. 1, 2005, Householter was seen in the Urgent Care Clinic by Bradley Idelshon, D.O., who reiterated the diagnosis given by Gerdes. Thereafter, he was treated by Paul Windham, M.D., in the Occupational Medicine Department of St. Joseph Hospital from Dec. 5, 2005, through Jan. 9, 2006. Windham also diagnosed a partial left quadriceps muscle tear and treated Householter with physical therapy and prescription pain medication. The physical therapist then reported back to Windham that Householter’s condition had improved. However, Householter claimed he still felt extreme pain and limitations in his left leg, and had a falling out with Windham when he asked for, and was refused, an MRI. As a result, Householter presented to Laurence Badgley, M.D., an expert in occupational medicine. On Jan. 23, 2006, approximately two weeks after the alleged falling out with Windham, Householter was examined by Badgley for the first time and a leg indentation above the knee was noted. It was also noted that Householter still could not ambulate without a brace and crutch, or extend his leg. As a result, he was referred to an orthopedist for evaluation and underwent an MRI. In March 2006, following the MRI, the orthopedist diagnosed Householter with a complete rupture of the left rectus femoris quadriceps tendon and informed the patient of the probable poor outcome should he undergo surgery to repair the injury. Householter sued Gerdes, Idelshon and Windham, as well as their office, North Coast Emergency Physicians. He alleged that the defendants failed to properly diagnose and treat his quadriceps injury, and that their negligence constituted medical malpractice. Plaintiff’s counsel contended that when Householter initially presented to Gerdes, Householter had a visible indentation above the knee, and was in extreme pain, could not stand, walk or extend the injured leg. Counsel also contended that the physical therapist wrongfully reported that the condition had improved, even though Householter could not fully extend his leg or ambulate without the assistance of a leg brace and a crutch. Thus, plaintiff’s counsel argued that Householter had actually sustained a complete rupture of the left rectus femoris quadriceps tendon from his accident in November 2005, which none of the physicians properly diagnosed or treated. Defense counsel contended that Householter’s original injury, and the injury during the time Gerdes, Idelshon and Windham treated him, was a partial quadriceps muscle tear. Thus, counsel argued that at all times the physicians’ care and treatment of Householter met or exceeded the standard of care., Householter was diagnosed with a complete rupture of the left leg’s rectus femoris quadriceps tendon after undergoing an MRI in March 2006. He was also informed of the probable poor outcome should he undergo surgery to repair the injury. However, he ultimately decided to undergo the surgery in July 2006 and followed up with extensive physical therapy. Despite undergoing surgery and physical therapy, Householter claimed residual difficulty with walking and weight bearing activities, particularly on uneven surfaces or with climbing. As a result, he alleged difficulties with a side business as an electrical engineer for local TV and radio stations, which involved work in areas that had uneven surfaces; involved ladders, towers and roofs; or was in tight cramped structures. Thus, he sought recovery of an unspecified amount between $50,000 and $250,000 for his past and future loss of earnings. He also sought recovery of economic and non-economic damages in excess of $500,000. Defense counsel contended Householter suffered a partial quadriceps muscle tear during the accident in November 2005, and that this injury healed. Thus, counsel argued that while Householter was being treated by the physicians, he only had a partial tear, and not a complete tear, of his left quadriceps muscle, which they properly diagnosed and treated. According to plaintiff’s counsel, defendants asserted that between the time of his last visit with Windham and before his first visit with plaintiff’s expert in occupational medicine, Householter suffered a new injury resulting in the complete tear.