A Brazilian jiu-jitsu student has successfully sued his instructor and the dojo where he trained after suffering a serious injury during a sparring session. Jack Greener filed the complaint against M. Phelps, Inc., in the Superior Court of San Diego County on December 31, 2024. The court found in favor of Greener, awarding him $46 million in damages.
The case centers around an incident at Del Mar Jiu Jitsu Club, owned by M. Phelps, Inc., where Greener was injured while sparring with his instructor, Francisco Iturralde. Greener accused Iturralde of negligence and claimed that M. Phelps, Inc. was vicariously liable for his injuries. The defendants argued that they were protected under the primary assumption of risk doctrine, which generally absolves sports instructors from liability for injuries inherent to the sport.
However, the court instructed the jury using a sports-specific negligence standard rather than the primary assumption of risk doctrine typically applied to sports instructors. This decision was based on evidence suggesting that Iturralde unreasonably increased the risks to Greener beyond those inherent in Brazilian jiu-jitsu (BJJ). The jury found that Iturralde's actions during sparring were not merely part of ordinary BJJ activity but involved an improper technique that significantly heightened the risk of injury.
During trial proceedings, conflicting testimonies were presented regarding Iturralde's conduct and whether he could have avoided injuring Greener once he realized something was amiss. Despite this, evidence showed that Iturralde had superior knowledge and skill as an instructor and failed to adjust his actions accordingly when it became apparent that continuing would likely result in harm to Greener.
Greener's legal team argued that imposing liability would protect martial arts' integrity by ensuring instructors do not engage in conduct that unnecessarily endangers students. In contrast, the defense warned that such rulings could lead to increased litigation and insurance costs for sports schools.
Ultimately, the court upheld its decision to apply a negligence standard tailored specifically for sports cases like this one—where an instructor’s actions go beyond normal teaching methods and increase risks unreasonably—affirming that instructors can be held liable if they fail to minimize risks inherent in their sport.
Representing Jack Greener were attorneys from Panish Shea Ravipudi LLP including Rahul Ravipudi and Paul A. Traina among others; while O’Melveny & Myers LLP with Sabrina H. Strong represented M. Phelps Inc., alongside other law firms acting as amici curiae supporting defendants’ positions. The judgment was affirmed by Judge James A. Mangione under Case ID 37-2020-00041382-CU-PO-CTL.