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San Diego jury awards paralyzed jiu-jitsu student $46 million after devastating class injury

3 year(s) ago • 6308 views • 106 replies

Anthony Nelson
Anthony Nelson
Black belt 1st degreeVerified489 forum posts10580/1000
3 year(s) ago
What an absolutely tragedy all around

https://www.foxnews.com/u[...]injury.amp

This is what Rener Gracie had to say About it, he testified

Full disclosure: I was called to testify as an expert witness in this case. I’ll post a thorough video response in the future, but these are the first thoughts I wanted to share publicly. This case was a tragedy in every sense. 23-year-old white belt, Jack Greener, was sparring at a BJJ school in San Diego when the black belt instructor did a technique that placed his entire bodyweight on Greener's neck causing him to instantly fall limp and lose all function of his limbs.

Jiu-Jitsu is incredibly effective, but it can also be incredibly dangerous if precautions are not taken to reduce the likelihood of injury, particular for beginners. Jiu-Jitsu was designed to empower the weak against the strong. As BJJ school owners and instructors, we have a responsibility to create a learning path that is both safe and structured, so that every student can learn the art and build their confidence from day one, without risk of otherwise avoidable catastrophic injury.

Jack, an aspiring surf instructor, will never regain full function of his limbs, but I’m hopeful that this ruling will ease the burdens that he and his family will face for the rest of his life. I’m also hopeful that this case will serve as a much needed reminder to the entire industry of the massive responsibility we shoulder every time a new student trusts us to guide them on their Jiu-Jitsu journey. At Gracie University, the safety of our students will always be our top priority and it will always be a core reason why we do things the way we do.

“While practicing with (the instructor), Mr. Greener 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 known as “taking the back.” Instead, while positioned on top of Mr. Greener, (the instructor) crouched on the balls of feet, pinned Mr. Greener to the mat, immobilized Mr. Greener’s left arm, and then launched himself up and over his opponent placing his entire bodyweight on Mr. Greener’s neck. The extreme force of the manoeuvre crushed Mr. Greener’s cervical vertebrae causing the student to fall limp, paralyzed in all extremities.”
Edited 3 year(s) ago
Christian Graugart
Christian Graugart
Black belt 4th degreeVerified4323 forum posts39320/1000
3 year(s) ago
At Gracie University, the safety of our students will always be our top priority and it will always be a core reason why we do things the way we do.
He just couldn't help himself, could he 🤢🤢🤢🤢
Edited 3 year(s) ago
Christian Graugart
Christian Graugart
Black belt 4th degreeVerified4323 forum posts39320/1000
3 year(s) ago
Did he jump for a turtle armbar smashing the leg into the neck?
Sounds like he did a front roll over the turtle to take the back and the head got stuck on the mat.

From what I understand, the article (and testimony) is a bit misleading as this was not a white belt beginner but a "white belt" with years of wrestling and grappling experience (including competition).

Freak accident. I've done that roll a thousand times.

(Disclaimer, I know Sinistro very well and have trained with him extensively but I still think this is being portrayed a bit harder on him than what is fair)
Anthony Nelson
Anthony NelsonOP
Black belt 1st degreeVerified489 forum posts10580/1000
3 year(s) ago
Sounds like he did a front roll over the turtle to take the back and the head got stuck on the mat. From what I understand, the article (and testimony) is a bit misleading as this was not a white belt beginner but a 'white belt' with years of wrestling and grappling experience (including competition). Freak accident. I've done that roll a thousand times. (Disclaimer, I know Sinistro very well and have trained with him extensively but I still think this is being portrayed a bit harder on him than what is fair)
i agree. unfortunate it takes just one bad accident to make a professional look less than.
Dwight Kelly Ii
Dwight Kelly Ii
Black beltVerified171 forum posts2570/1000
3 year(s) ago
If he can hire a competent law firm to handle the appeal there is a reasonable chance the appallete court tosses this judgement. The injuried party was able to get his experience suppressed from trial. Not sure how they managed that.

This is a better read:


https://www.bjjee.com/art[...]6-million/
Rener Gracie Blasts BJJ Instructor who Accidentally Injured White Belt & Forced to Pay $46 Million
Rener Gracie Blasts BJJ Instructor who Accidentally Injured White Belt & Forced to Pay $46 Million

In November of 2018, 23-year-old Jack Greener was a beginner Brazilian Jiu-Jitsu student at Del Mar Jiu-Jitsu Club in Del Mar, California. He was paired with 30-year-old Francisco Iturralde, a second-degree black belt instructor nicknamed “Sinistro” who placed him in a turtle position. Rather than ending the maneuver safely, the instructor placed all his weight …

Matt Guyer
Matt Guyer
Purple beltVerified1133 forum posts23250/400
3 year(s) ago
That actually did paint a better picture. Also funny to read that Clark Gracie testified for the defense. Unfortunately things happen in training. On Wednesday nine soldiers from Ft. Campbell died in a training accident. I myself have a permanent disability from Jiu Jitsu. I never thought about suing, but after this judgement, maybe I should’ve.
Ryan Mech
Ryan Mech
Black beltVerified94 forum posts3355/1000
3 year(s) ago
Came across this from Dan Lukehart

So….I know a whole lot more about the incident that resulted in the paralysis of the student and a 46 million dollar judgment. Some people reached out to me privately with various bits of information. The primary thing leaked to me is video of the incident. I assume if it made its way to me, it will eventually be public and you will see it.

My main takeaways are:

1. First, the video. It’s obviously horrendous it happened. I feel great compassion for the person injured and dont really have a problem that he receives money to cover medical bills and pain and suffering.

HOWEVER. It is my opinion with 17 years grappling experience that this 100% a freak accident that could have happened to ANY gym….ANY instructor…and ANYBODY rolling in general. To make some judgement of Sinistro being negligent is frankly insane…especially when other mitigating factors are in play.(#2)

The movement was the Leo Vieira back take.

This back take can be done a number of different ways. You can jump directly over the top straight on for example…or off to the side….and with various levels of the guy somersaulting forwards. Sinistro jumped to the left side from rear turtle, which gives the head and neck room to be fine with a left shoulder roll into a sideways style rolling backtake. It wouldn’t have been one of those spectacular ones where you pull him straight over the top as you see in some of the instances in Leo’s highlights. Sometimes when Leo did it straight over like this, there were almost 2 parts of the technique…where offensive guy jumps over the top and lands in a bridge position…and then after a moment then pull the guy over. It wasn’t this.

It was a bit more off to the side and intended to be one movement. An analogy is when you try an overhead/balloon sweep from guard, but you take him a tad more sideways than over the top really. Sinistros attempt here wouldn’t have been quite as spectacular as some of Leo’s. It was a rolling backtake still.

Because it was a little to the left, it did give a lot of room for the head/neck to be fine, but only on the one side. This would have happened normally 99.9X% of the time, but a split second after he started the technique his partner turns his head in the exact opposite way of the path to clear the neck. It wasn’t a huge movement. It was subtle. You need to watch it a few times to figure out how it ended up in that position. He did it at the worst possible time. Sinistro already started his jump and just when his momentum translates into his partner, he had turned his neck. Since there was ample space on one side for the neck to clear, it leaves no room should the neck be the other way.

It wasn’t an unintelligent spazzy reaction. It’s not clear what his intention was. It was suggested to me he was attempting a graby roll. It’s possible, but it’s difficult to surmise his intent as it happened early in what he attempted. It all went wrong so fast at the worst moment and there was no possible time to adjust on Sinistros part.

This video can not be characterized as Sinistro going nuts or roid raging on the guy for going too hard either. It was just a normal roll. NORMAL. He showed immediate compassion.

I read on Reddit that Sinistro admitted negligence in the trial. I don’t know how true that is, but if it is then….BULL to his own admission. He might be suffering from insane guilt and I’m not discounting he has PTSD from the experience as any normal person would have. He should be absolved of any judgment of wrongdoing by the grappling community. It…was…a….freak….accident.

2. The injured party had quite a bit of grappling experience and in no possible reality should he be described as a beginner. He had 3 years or so of BJJ and wrestling before that. He was from Baret Yoshidas gym…who is known for sandbagging white belts.

You have read that he was pretty skilled on Reddit now…including from black belt who said he rolled with him and described him as a tough and competent grappler. The information about the grapplers experience level was not allowed to be submitted/discussed in trial. This is part of the basis for appeal. I agree this should have been allowed to be presented at trial as it is relevant to how and what manner Sinistro should have been rolling with him and hence if negligence was in play.

ANY CHARACTERIZATION OF SOME NEW WHITE BELT TRYING CLASS AND SINISTRO DID SOME CRAZY TECHNIQUE HE WASNT READY FOR SHOULD BE REJECTED.

3. Rener Gracie is out of control money and attention hungry parasite. I need some additional clarification and details here before I can blast him properly on the merits of what he said. I know some, and it’s infuriating. Baisically Rener is putting the way that 95%+ of the BJJ community runs an academy on trial and representing his very left field views as mainstream. This has implications for ALL OF US because his side won.

For expert witnesses testimony he billed at $3000/hour. He billed 42 hours. He was the charismatic and well spoken star expert witness that sealed the deal for the prosecution. I never cuss….and I want to at that. Parasite.

(Clark Gracie offered expert testimony for the defense)

——

If this post is mysteriously deleted and I refuse to answer questions about this, one could assume I am involved in the appeal somehow. I reserve the right to modify my viewpoint as new information and facts come to light. If this is screen shot and presented in some trial at some point, know that my expert witness testimony is billed at the rate of 1 chipotle burrito per day just to set Reners $3000/hour @$$ straight and actually represent the grappling standard of practice fairly.
Coachpotato
Coachpotato
Black belt 1st degreeVerified776 forum posts1920/1000
3 year(s) ago
I can imagine Rener in the court room, shamelessly plugging his academy, online stuff and the hoodie.

Here's how the back take should be done: https://www.youtube.com/s[...]PnCjKM9tBo

Notice the angle B Mac is taking with his torso relative to the opponent. Sinistro rolled more parallel to the whitebelt, which probably increased the risk of injury. Freak accident.
Double underhooks. Roll to take the back. #shorts #jiujitsu
Double underhooks. Roll to take the back. #shorts #jiujitsu
Pål Magnus Bjørlo
Pål Magnus Bjørlo
Black beltVerified51 forum posts3465/1000
3 year(s) ago
From Tom De Blass Facebook:

ATTENTION ❗️⚠️ (click on this to see the huge discussion on my Instagram)

(Edit, just saw a picture of him smiling and standing, so he is recovered. 🙏🏻)


I think this is important for everyone to see. This is the case where the student injured was paralyzed (I'm not sure if he still is?).

He was awarded 46 million dollars. This instructor who did this was getting crucified. Being called incompetent, careless, among every other thing.

What's being said is that "he spiked a white belt on his head, maliciously."

A few things, apparently this kid also competed in the Pan Ams in 2018 or 2019? Why is everyone acting as if he is taking a trial class. Still, TRAGIC FREAK ACCIDENT none the less. Horrible.

My question is, where did he spike him on his head? My heart breaks for the student injured. However, my heart also breaks for the instructor.

After seeing the way this played out, I am not sure I will allow visitors to be in my Academy anymore at all. Truly, I really need to sit with my students and workers and lawyer to speak about it.

This is tragic all around. God bless the student, and I hope he recovers fully.

However, this was an honest FREAK ACCIDENT. This was not done maliciously at all. In fact, if the instructor were to be malicious, he would have ripped a submission or lifted and slammed him.

This is not ok for this instructor being ripped apart the way he is.
Johan
Johan
Black belt 3rd degreeVerified1401 forum posts11370/1000
3 year(s) ago
Wow, this fucking guy 🤮
If he has actually given all of his opinions once and for all, so that there's no longer any left for the future, it might actually be worth the money ;-P
Bobby McMasters
Bobby McMasters
Black belt 1st degreeVerified1272 forum posts12800/1000
3 year(s) ago
Does anybody know if the student had signed a waiver? I'm curious as to exactly who is responsible for paying this amount of money. Is it the insurance company? The gym?

I know that the reliability of waivers can vary by state, here in the US, and I know that the courts will tend to side with the victim in California, much more so than they would in my state (North Carolina).
Dwight Kelly Ii
Dwight Kelly Ii
Black beltVerified171 forum posts2570/1000
3 year(s) ago
Does anybody know if the student had signed a waiver? I'm curious as to exactly who is responsible for paying this amount of money. Is it the insurance company? The gym? I know that the reliability of waivers can vary by state, here in the US, and I know that the courts will tend to side with the victim in California, much more so than they would in my state (North Carolina).
Waivers in California are tricky. They are simply put in place as a barrier to demurred a legal cause of action when it is brought.

They can be effective in stopping lawsuits, but California courts have long had a precedent that liability waivers are valid when expectations are met under normal operating circumstances by a reasonable party. Thus, if it falls outside the ordinary negligence then the contract is void.

They were clearly able to show the presiding judge that it fell outside of that parameter.
Dwight Kelly Ii
Dwight Kelly Ii
Black beltVerified171 forum posts2570/1000
3 year(s) ago
Rener committed perjury. Surprised this wasn't caught by the defendants.
I have not read the transcripts, but I am sure opposing council had objected to any perjury related remarks, if they exist. What will be up for debate is whether or not the presiding judge improperly granted the motion to exclude key evidence. I am hoping he finds a firm that is certified to handle cases before the appellate court.
Edited 3 year(s) ago
James Jones
James Jones
Black beltVerified1309 forum posts6475/1000
3 year(s) ago
Wow, this fucking guy 🤮
Every academy is different.

He acts like his way is the only way.

Some academies will show heel hooks day 1.

There is no standard.

If someone has got previous wrestling experience you better believe they are going to want to full spar on day 1. And normally you will have to protect the Jiu-Jitsu people from the wrestlers not the other way around.
Roger Carpenter
Roger Carpenter
Black belt 2nd degreeVerified13 forum posts1795/1000
3 year(s) ago
freak accident no other way to put it.
Rener is a walking, talking infomercial. if he would have been training with my online classes and wear a quick flip he would have been safe. now pay me thank you
Christian Graugart
Christian Graugart
Black belt 4th degreeVerified4323 forum posts39320/1000
3 year(s) ago
A lawyer just wrote on Facebook that instructors probably shouldn’t roll with their students in classes they’re teaching…….

THIS is EXACTLY how Rener has fucked us over 🤬🤬🤬

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