Case Background

This case came before the Honourable Judge Richard E.L. Strauss in the San Diego County Superior Court. The Plaintiff, Jack Greener, was a beginner in Brazilian Jiu‑Jitsu and trained at the Del Mar Jiu‑Jitsu Club. He trusted the staff and instructors to teach him safely. The Defendants were Michael Phelps d/b/a Del Mar Jiu‑Jitsu Club, M. Phelps, Inc., and Francisco Iturralde, an instructor at the academy. The Plaintiff claimed that the Defendants acted negligently and put him at risk by allowing an instructor with a history of reckless behaviour to teach.

The cause that led to the dispute

Greener claimed that on November 29, 2018, he participated in a lesson where Iturralde used a dangerous technique. Iturralde pinned Greener down, launched himself over him, and landed on his neck. The manoeuvre was not a part of any recognised Jiu‑Jitsu practice and put Greener at an unreasonable risk. The Plaintiff stated that the technique increased the risk of injury far beyond that of normal training and that Iturralde had caused serious injuries to other students before.

Injuries suffered

Greener suffered a catastrophic spinal cord injury when Iturralde landed with force on the C4‑C5 area of his spine.