On April 25, 2009, plaintiff Louie Valdez, 18, a marine, went to the K-1 Speed indoor go-kart racing track in Carlsbad. While driving a go-kart on the first lap, he collided with a fellow racer’s kart during a turn and crashed into the wall. Louie claimed to his left knee. Louie sued K-1 Speed Inc., which was doing business as K-1 Speed Park of Carlsbad, California. He alleged that the defendant was generally and grossly negligent for the installation of the safety barrier. He also sued Technic Protection U.S.A., the manufacturer of the safety barrier, but the company was dismissed at trial. K-1 Speed’s counsel moved for summary adjudication to dismiss the plaintiff’s general negligence claims because Louie signed an express liability waiver before his race. The court granted the motion and the case proceeded to trial on Louie’s gross negligence claims, which are not released by a waiver based on California Law. Louie claimed the safety barrier manufactured by Technic Protection International was unsafe because it caught his left leg in it during the crash and hyperextended his left knee. Plaintiff’s counsel argued that K-1 Speed had knowledge of the alleged defects in the safety barrier, but took no action to correct or replace it. K-1 Speed contended that the Technic Protection barrier is exceptionally safe based on its national and international safety certifications for kart racing, its ability to seriously reduce potential to racers, and its history of extremely low amount of incidents of at the Carlsbad track. Defense counsel argued that the plaintiff’s were a known risk associated with go-kart racing and that Louie was 100 percent responsible for any harm based on comparative fault. Counsel contended that Louie contributed to his own by driving his go-kart in an unsafe and reckless manner, colliding with another racer, failing to use his brakes, failing to avoid the crash, and unreasonably sticking his left leg up and out from the kart before the crash., Louie was taken by ambulance to Camp Pendleton Navy Hospital and then taken by helicopter to the emergency room at Scripps Memorial Hospital. He claimed he suffered a hyperextended left knee with torn ligaments and arteries. Louie subsequently underwent an arterial graft on April 29, 2009, knee surgery on May 11, 2009, arthroscopic surgery on May 23, 2009, and a repair of the skin graft (due to infection) on June 4, 2009. He also underwent roughly 18 months of physical therapy from August 2009 through February 2011. Louie claimed he now has limited range of motion in his left knee, resulting in limitations concerning his work and activities, such as sports and his active duty military service. As a result, he claimed he was discharged from the military on Jan. 31, 2012. In addition, Louie claimed he will require at least two total knee replacement surgeries. Plaintiff’s counsel noted that Louie had $391,900.61 in past medical costs, which was reduced to $165,000 pursuant to Howell. Counsel also asked the jury to award Louie roughly $1.9 million in total damages, which consisted of his reduced past medical costs, $231,633 in future medical costs, $246,121 in future lost earnings, $303,281 in future loss of a military pension, and $950,000 in past and future pain and suffering. Defense counsel argued that Louie caused his own left knee injury by removing his left leg from a protected position in the go-kart, and sticking it up and out of the kart in an unprotected position right before the crash. Counsel contended that had the plaintiff’s leg been in a protected position, he would not have sustained a hyperextension injury. Defense counsel also disputed the plaintiff’s alleged need for future knee replacement surgeries based on the lack of any indication of degenerative joint disease in any pre- or post-operative X-rays of the left knee.