Understandably, many people in the jiu-jitsu community became very concerned and jumped to quick conclusions about the Greener case based on the limited amount of information available.
Having been involved in this case for nearly 2 years, I’m releasing this 22-minute video to:
1) Clarify that I don’t believe Francisco Iturralde’s action’s on November 29, 2018, were malicious or intentionally harmful.
2) Shed light on some of the specifics of this case that guided my decision to get involved, along with the essential (previously unpublished) evidence that was considered at trial when determining whether there was “unreasonable risk” present, and whether or not the injury could have been avoided.
3) Share what I learned throughout the process with the hope of informing BJJ instructors, school owners, and everyone who practices it to ensure that we can continue doing what we love without this ever happening again.
For those who are unfamiliar, this case was regarding a sparring session between a BJJ white belt, Jack Greener, and a BJJ black belt instructor, Francisco Iturralde, that lead to a neck injury causing the student to lose control of all four limbs. Thankfully, his condition has improved since, however, he remains a quadriplegic with severe and permanent injuries including limited function of all four limbs, loss of sensation from the nipples down, bowel and bladder incontinence, and much more.
I was called to offer my expert opinion on this matter. At first, I was hesitant to become involved in the case based on the effect it might have on the jiu-jitsu community, but upon reviewing the footage, and better understanding the specifics, I came to a position where I actually felt obligated to take a stance on the standard of care we owe to our students, and that I believe is necessary for our industry to thrive. Like all the expert witnesses on this case (including my second cousin who was the expert for the defense), I was compensated for my time.
I also understand that accidents are bound to happen in our sport, and that students who enroll must understand and accept a reasonable level of risk when practicing jiu-jitsu. As professional instructors, our top priority must remain the safety of our students, and there are simple steps that can be taken to minimize unreasonable risks to each of them.
Some key points that I wanted to touch on:
The Technique: On the surface it appears that the technique was done “correctly” and that this was just a freak accident. Upon closer inspection, the facts indicate otherwise, and this is thoroughly explained in this video.
Spike: I now understand that the terms “spike” without context can be confusing and misleading (especially when communicating with BJJ practitioners who have a technical definition in mind when they hear that word) and that was not my intent. In the video I explain how although what Mr. Iturralde did was not technically a spike, the reason why spiking is illegal in BJJ competition is precisely to avoid the type of injury that Jack sustained. This becomes especially clear when you observe the position of their bodies in Frame 70 of the video.
Precedent: There appears to be some fear this case may set a precedent that if anyone gets hurt doing jiu-jitsu, that the school and/or instructor will automatically get sued and be held liable. I’m not qualified to give legal advice, but my opinion is that this will not be the case. This was a very unique and preventable situation involving: a black belt instructor sparring with a white belt; who performed a technique he never taught to the student, and did the technique in a manner that is inconsistent with how it’s conventionally taught, rather than opting for a safer technique (of which there are many). In was the convergence of these very unique and extenuating circumstances that led the jury to reach the verdict it did.
Waivers: There is some concern out there that waivers aren’t valid. In this particular case, the waiver wasn’t admitted as evidence due to some technical errors in the waiver itself, but nothing has led me to believe that they are not valid as a whole. Again, I’m not giving legal advice, but this is all the more reason why school owners will want to make sure they have their waivers reviewed by an attorney.
Continued in the comments…
Join our Private Facebook Group