Rahul Ravipudi · John Shaller · Paul Traina · Trevor Weitzenberg · Przemek Lubecki

Anatomy of a $46 Million Verdict

September 13, 2024 5:30 PM| |TLU n Demand

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Jack Greener v. Del Mar Jiu Jitsu Club, et al

On November 29, 2018, 23-year-old Jack Greener, a one-stripe white belt beginner in Brazilian Jiu-Jitsu (BJJ), began his training at Del Mar Jiu-Jitsu Club under the instruction of Francisco Iturralde, a second-degree black belt with multiple international titles. After a brief warm-up, instructional period, and sparring rotation with another student, Greener was paired with Iturralde. During their sparring session, Iturralde performed a technique that caused Greener to suffer a spinal cord injury, rendering him an incomplete quadriplegic.

Greener argued that Iturralde unreasonably increased the risks inherent in BJJ sparring, arguing that while he was in the turtle position—where the goal is typically to safely "take the back"—Iturralde instead executed a dangerous forward-flip maneuver, placing his entire body weight on Greener’s neck, and that this extreme force crushed Greener’s cervical vertebrae, leaving him an incomplete quadriplegic. Defendants denied that Iturralde was negligent or that he unreasonably increased the risk to Greener over and above those inherent in BJJ sparring, claiming the maneuver employed by Iturralde was done properly, is generic to the sport of BJJ, commonly used in competition without incident or injury, and is not illegal at any level, as well as downplayed the severity of Greener's injuries and the impact on his life.

The case dealt with the following issues:

1. Waiver of Liability (Express Assumption of Risk): The plaintiff successfully defeated the defendants' Motion for Summary Judgment and secured an order in limine to exclude the waiver on the basis it was unenforceable as a matter of law.
2. Assumption of Risk: Defendants also claimed that the doctrine of assumption of the risk barred liability because Greener assumed the particular risks of harm inherent in BJJ sparring by choosing to spar with his instructor.
3. Navigating the Red Herring Arguments Including Plaintiff's Prior Wrestling and BJJ Experience: The defendants sought to introduce extensive evidence, including photos and videos, relating to Greener's high school wrestling experience , and claimed that, contrary to his claims that he was an absolute beginner in the sport of BJJ, Greener was experienced in the sport, having trained in the sport at two other studios and competed in at least five BJJ competitions, including two first place finishes.
4. Overcoming Defendants' Attempts to Minimize Plaintiff's Claims (Plaintiff Made a Remarkable Recovery and is Overstating Future Medical Care Needs): The defendants argued that Greener made a remarkable recovery, even summitting Mount Whitney, the tallest peak in the contiguous United States, just one year after his injuries. They also highlighted his continued activity in rock climbing, bicycling, hiking, among other activities. However, the plaintiff effectively countered these arguments by accurately portraying Greener's ongoing and future challenges, strategically discrediting the defense’s claims, and demonstrating that Greener was not exaggerating his injuries or overstating his future medical needs.

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