Facts

On Nov. 29, 2018, plaintiff Jack Greener was enrolled as a beginner Brazilian Jiu-Jitsu student at Del Mar Jiu-Jitsu Club (DMJJC), located in Del Mar. A one-stripe white belt in Brazilian Jiu-Jitsu, the 23-year-old student began his training that day under the direct tutelage of DMJJC instructor, Francisco Iturralde. Following a 10-minute warm-up, a 20-minute instructional period, and a short sparring rotation with another student, plaintiff was ultimately paired with 26-year-old instructor Iturralde, a second-degree black belt in Brazilian Jiu-Jitsu with multiple International Championship titles. During their sparring session, Iturralde performed a technique on plaintiff which caused plaintiff to suffer a spinal cord injury, rendering him an incomplete quadriplegic.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed defendant Francisco Iturralde unreasonably increased the risk to plaintiff over and above those inherent in Brazilian Jiu Jitsu sparring. While sparring with Iturralde, plaintiff was placed in the turtle position -- a position where a person is balled up on all fours with his face down on the mat. If an opponent is in a turtle position, the goal should be to safely put that person on their side, which is known as "taking the back." All witnesses agreed there are numerous routine methods to take an opponent's back which do not pose a significant risk of injury. Iturralde did not perform a routine or safe back take. Instead, while positioned on top of plaintiff, Iturralde crouched on the balls of feet, pinned plaintiff to the mat, immobilized plaintiff's left arm, and then launched himself up and over his opponent placing his entire bodyweight on plaintiff's neck. The extreme force of the maneuver crushed plaintiff's cervical vertebrae causing the student to fall limp, paralyzed in all extremities. The parties stipulated that plaintiff bore no comparative fault for the incident.

The forward-flip back take maneuver that Iturralde was attempting, even if done correctly, is an extremely dangerous technique, which should only be used on a highly experienced and skilled opponent who has received extensive training on how to properly receive the technique without sustaining crippling injuries. Iturralde acknowledged that as an instructor of students he need not and should not execute moves that posed such risks. Because elimination of the move would not alter the sport, Iturralde increased the risk of sparring by unreasonably utilizing a dangerous technique.

Iturralde admitted he was unsafe and further increased the risks of Brazilian Jiu Jitsu because, while performing the move, he lost control of himself and lost control of plaintiff. Even after Iturralde realized he had lost control of himself and plaintiff, Iturralde had the opportunity to abort but instead chose to perform the dangerous move.

Despite these admissions, the defendants continued to deny responsibility to Jack Greener who, at the time of the incident, was just weeks away from graduating from college and starting his career as a professional surf instructor in Costa Rica.

DEFENDANT'S CONTENTIONS: Defendants Iturralde and Del Mar Jiu Jitsu Club denied that Iturralde was negligent or that he unreasonably increased the risk to plaintiff Jack Greener over and above those inherent in Brazilian Jiu Jitsu sparring. Defendants claimed the maneuver employed by Iturralde was done properly, is generic to the sport of Brazilian Jiu Jitsu, commonly used in competition without incident or injury, and is not illegal at any level.

Defendants also claimed that the doctrine of assumption of the risk barred liability because plaintiff Jack Greener assumed the particular risks of harm inherent in Brazilian Jiu Jitsu sparring by choosing to participate. Defendants further claimed that, contrary to his claims that he was an absolute beginner in the sport of Jiu Jitsu, Plaintiff Jack Greener was experienced in the sport, having trained in the sport at two other studios and competed in at least five Brazilian Jiu Jitsu competitions, including two first place finishes.

Insurer

United States Fire Insurance Company

Specials in Evidence

Meds: $1,337,153 (stipulated) The parties stipulated that the plaintiff's combined loss of past earnings and loss of future earning capacity was: $637,959 (stipulated). Future Meds: $8.5 million

Damages

Economic Damages: Past Medical Expenses: $1,337,153.23 (stipulated) Future Medical Expenses: $8.5 million Loss of Past & Future Earnings: $637,959 (stipulated) Non-Economic Damages Past Non-Economic Damages: $11 million Future Non-Economic Damages: $25 million

Injuries

Plaintiff suffered a spinal cord injury as a result of the incident and was hospitalized for months where he was placed on a ventilator, catheterized, and underwent numerous surgeries including an anterior cervical discectomy and fusion of C5 corpectomy, titanium cage, and posterior spinal fusion from C4-C6. He also suffered multiple strokes described as a left vertebral artery dissection with basilar artery thrombosis resulting in embolization of the basilar artery and requiring a left vertebral artery stent.

Result

Jury verdict in favor of plaintiff, finding defendants 100 percent at fault. In addition to the $637,959 for plaintiff's loss of past and future earnings and $1,337,153.23 for past medical expenses agreed to by the parties prior to trial, the jury awarded plaintiff $8.5 million for future medical expenses, $11 million for past pain and suffering, and $25 million for future pain and suffering.

Other Information

Defendant intends to appeal the verdict on the basis of incorrect jury instructions regarding primary assumption of the risk.

Deliberation

two days

Poll

9-3

Length

14 days