Jiu-Jitsu demo in courtroom helps net $46.5 million for paralyzed student

Personal Injury

Rahul Ravipudi, Paul Traina, John Shaller, Trevor Weitzenberg, Panish Shea Ravipudi LLP; Shawn D. Morris, Michael Malady, Christian Barton, Morris, Sullivan & Lemkul

Attorneys from Panish Shea Ravipudi and Morris, Sullivan & Lemkul won a jury verdict of nearly $46.5 million for a young man partially paralyzed by his martial arts instructor. They hope the verdict sends a message to the close-knit Brazilian jiujitsu community.

The plaintiff, Jack Greener, was a San Diego State student about to go to Costa Rica as a surfing guide following graduation. He'd been taking Brazilian jiujitsu classes for a few weeks to stay in shape.

At the end of one class, his instructor, a multi-level black belt with some international awards, put him in a face-down "turtle" position and then executed a move on him "unbelievably poorly in so many different ways." He forcefully jammed Greener's face into the mat, injuring his spinal cord and rendering him a partial quadriplegic, according to attorney Rahul Ravipudi.

Co-lead counsel Shawn Morris was a friend of the Greener family. When the jiujitsu studio's insurer refused to offer any settlement, he brought in Ravipudi to help try the case.

Morris said the Brazilian jiujitsu community is "very, very tight knit." The sport was developed 100 years ago by three brothers named Gracie, and many of its leaders are part of that family still. News of the incident and the lawsuit spread very quickly, making it difficult to find an expert witness.

People they approached "would look at the videotape and basically say off the record, yeah, he screwed up, but I'm not willing to go against the Brazilian jiujitsu community," he said. Eventually, a family grandson and true expert, Rener Gracie, agreed to testify.

The trial early last year lasted almost a month. "It was a battle the whole way through," Ravipudi said. "The defense was, 'Hey, it's Brazilian, and people get hurt. The end.'"

During the trial, Gracie demonstrated techniques and moves on Ravipudi to show the jury how reckless the instructor's actions were and how obvious it should have been that significant injury would result.

"The jury was literally standing up and leaning over to look at every move that he was making," Morris added.

The first witness the plaintiffs called was the defendant instructor, Francisco Iturralde. He "admitted that he knew ... he [had been] performing a technique that could result in spinal cord injury or death and did it anyway," Ravipudi said.

The plaintiff's attorneys asked the jury for about $70 million. The jury awarded $46.4 million including $8,500,000 for future medical expenses, $11,000,000 for past pain and suffering and $25,000,000 for future pain and suffering. The case is now on appeal. Greener v. Phelps, D082588 (Cal. App. 4th, filed June 21, 2023).

News of the verdict spread rapidly on social media, upsetting many people involved in the sport. "It's probably the largest growing martial art in the world," Ravipudi said. It is growing so fast that many people with -- or without -- black belts opened studios with no organization or supervision and "just do whatever the heck they wanted."

The backlash to the large verdict was so swift and strong that the plaintiff's expert, Rener Gracie, went on Instagram Live twice to debate challengers and explain what he did and why. In effect, he told the community, "if we're going to somehow embrace what [the instructor] did, we're embracing the demise of Brazilian jiujitsu," Ravipudi said.

He said the verdict and Gracie's Instagram events have made a difference in the entire industry.

"I do believe it has had a significant impact in the perspective of jujitsu gym owners' eyes, and how they handle themselves," Morris added.

Greener, the plaintiff, has managed to learn to walk again. He posts about his rehabilitation on social media and also mentors others who have suffered trauma, Ravipudi said.

--John Roemer