Jiu Jitsu sparring move renders plaintiff a quadriplegic. $46.4M. San Diego County.

Facts and Background

• Facts and Background:

  On November 29, 2018, plaintiff was enrolled as a 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 Mr. Greener which caused Mr. Greener to suffer a spinal cord injury, rendering him an incomplete quadriplegic.

• Plaintiff's Contentions:

  Plaintiff claimed that 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.” Instead, while positioned on top of plaintiff, Iturralde crouched on the balls of his feet, pinned plaintiff to the mat, immobilized plaintiff’s left arm, and then launched himself up and over his opponent, placing his entire body weight on plaintiff’s neck. The extreme force of the maneuver crushed Mr. plaintiff’s cervical vertebrae, causing the student to fall limp, paralyzed in all extremities.

  Further, plaintiff was a beginner white belt and 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.

  At trial, Mr. Iturralde admitted that he knew his obligations were to be safe and minimize risk for his white belt student.

  Despite these admissions, the defendants continued to deny responsibility and minimize the harms and losses to plaintiff, 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 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 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 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.