At approximately 1 p.m. on Feb. 2, 2009, plaintiff Christopher Demarest, 38, was participating in a filmed training exercise with Amtrak’s Counter-Terrorism Unit inside a railway car at the Los Angeles railway yard. During the exercise, in which he had to physically subdue another trainee who was impersonating an unruly passenger, Demarest became wedged between two seats and sustained an injury to his right leg. Demarest sued National Railroad Passenger Corp., which was doing business as Amtrak, and the training agency retained for the exercise in question, Mantech Security & Mission Assurance Corp. Demarest alleged that Amtrak, pursuant to its duty under the Federal Employers Liability Act, did not provide him a safe work environment. He also alleged that Mantech was negligent in the manner it set up the training exercise. Demarest contended that the unruly passenger twisted him and slammed him into a seat, in violation of instructions. He claimed that as a result, he was put in a crouched and defenseless position, causing him to be unable to continue fighting and causing him to relax. He also claimed that the participants were also supposed to stop when the instructor said stop, but they failed to do so. Demarest alleged that the video that captured the accident demonstrated that he yelled out in pain after the trainer called stop, which meant that the unruly passenger violated the instructions by continuing to engage in fighting after stop had been called. The defendants contended that the training exercise was necessary for the Counter-Terrorism Unit and that it was carried out as safely as possible. Defense counsel argued that Demarest was negligent for causing his injury since he should have stayed alert during the drill and, instead, took a relaxed position when he fell between the seats. Counsel further argued that Demarest had inconsistent claims on liability throughout the case., Demarest returned to training after the accident and then went to a doctor the next day with a complaint of right knee pain. He subsequently underwent an MRI and was diagnosed with an anterior cruciate ligament tear, for which he treated conservatively with physical therapy through September 2009. On Oct. 19, 2009, Demarest underwent reconstructive surgery on his right knee and followed up with more physical therapy. Demarest continued to train with the Counter-Terrorism Unit after the accident, participating in exercises that were within his doctor’s restrictions, until June 30, 2010, when the unit was disbanded. He claimed he could not pursue a job in the law enforcement field and was unable to get another job by the time of trial even though he submitted at least fifty job applications for jobs across the country. Thus, Demarest claimed $600,000 in lost earnings and $600,000 in pain and suffering damages. He did not make a claim for recovery of medical expenses because his bills were covered by Amtrak’s health insurance. Defense counsel disputed the ACL tear and argued that Demarest was not seriously injured in the accident. Counsel contended that Demarest had completely recovered and was released from treatment as of September 2009, as well as continued to train with the Counter-Terrorism Unit. In addition, defense counsel presented a subrosa video of Demarest doing Muay Thai kickboxing on Sept. 15, 2009, before his knee surgery, and argued that the surgery was unnecessary and unrelated to the accident. Defense counsel contended that Demarest failed to mitigate his damages, noting that the plaintiff turned down a job with the Amtrak Police Department that would have earned him an annual salary of $95,000. Plaintiff’s counsel, in response, presented evidence that Demarest participated in kickboxing with the permission of his doctor. Counsel also presented testimony from an orthopedic surgeon who claimed that the Amtrak Police Department job was outside of Demarest’s work restrictions.