On Sept. 2, 2015, plaintiff David Arizaga, 42, a maintenance of way worker for BNSF Railway Co., was in the process of unloading a guardrail from the flatbed of a grapple truck at BNSF’s train yard in Newberry when an 83-pound rail rack fell from the truck and struck him. Arizaga claimed to his head, right ankle and lower back. Arizaga sued BNSF Railway Co., alleging that BNSF was negligent under the Federal Employers Liability Act (FELA). Arizaga claimed that the rack lacked safety pins to prevent the inadvertent dislodgement of the rail rack, which struck him. BNSF admitted that the rail rack lacked a safety pin at the time of the accident, but denied the accident happened the way Arizaga claimed it did. Reconstruction of the accident was complicated by the fact that Arizaga lacked a clear recollection of the details of the accident. Additionally, the accident was not witnessed by any other person., Arizaga sustained a spiral fracture to his right ankle. He also claimed he suffered a concussion, and bulging lumbar discs with spondylosis and stenosis at the L4-5 and L5-S1 levels. Arizaga underwent two surgeries on his right ankle, and a two-level lumbar decompression surgery. Arizaga claimed that he will require future medical care, including surgeries to his lower back. He also claimed a loss of earning capacity on the basis that he was allegedly medically unfit to return to work for the railroad. Defense counsel agreed that Arizaga injured his right ankle, but disputed the rest of the alleged . Counsel also argued that Arizaga could return to work for the railroad.