Following a two-year battle all the way to California's highest court, the law firm of Panish | Shea | Ravipudi LLP is proud to announce the $46.475 million verdict in Greener v. M. Phelps, Inc., et al is now final. Defendants first appealed the landmark verdict in the California First District Court of Appeal and when the verdict was affirmed in full on December 31, 2024, they not only sought review from the California Supreme Court, but requested the appellate opinion be depublished. Both requests were denied.
"While the efforts by the insurance company to appeal delayed justice for Jack, it was not and could not be denied,” said Panish | Shea | Ravipudi LLP partner, Rahul Ravipudi. "The published appellate opinion cements a critical legal victory not only for our client, but also for injured athletes across California by reaffirming that sports instructors and facilities may be held accountable when they unreasonably increase risks beyond those inherent in the sport."
Since obtaining the verdict in March of 2022, the sport of Brazilian Jiu-Jitsu has skyrocketed in popularity while at the same time its safety standards have improved dramatically, which is yet another data point that accountability through the civil justice system fosters a safer and better society.
With nearly $10 million in post-judgment interest accrued, the total judgment now exceeds $56 million—more than 56 times the insurance policy limits. The defendants’ insurer posted an over $70 million bond to pursue the appeal and, therefore, the judgment will be paid in full. Prior to filing suit, Plaintiff made a clear and timely demand to resolve the matter within the $1 million policy limits issued to Defendants by United States Fire Insurance Company, a subsidiary of Crum & Forster. Despite the opportunity to protect its insured, U.S. Fire failed to accept the demand or engage in meaningful settlement negotiations. As a result, the policy was opened, and U.S. Fire is now liable for the full amount of the excess judgment.
This result is a testament to the outstanding advocacy of Mr. Greener’s trial team, led by Rahul Ravipudi, Paul Traina, and John Shaller of Panish | Shea | Ravipudi LLP, in collaboration with co-counsel from Morris, Sullivan & Lemkul, LLP: Shawn D. Morris, Michael Malady, and Christian Barton. Special recognition also goes to appellate counsel Rupa G. Singh and Victoria E. Fuller from Niddrie | Addams | Fuller | Singh for their exceptional work on the appeal in this case.
A beginning Brazilian Jiu-Jitsu student, Mr. Greener suffered a catastrophic spinal cord injury while sparring with a Del Mar Jiu-Jitsu Club instructor who performed a technique which rendered Mr. Greener an incomplete quadriplegic. On March 28, 2023, following a four-week trial and two days of deliberation, a San Diego County jury delivered the $46,475,112.33 verdict in favor of Mr. Greener and found the defendants 100 percent at fault.
“My life was forever changed by my black belt Jiu-Jitsu instructor, Francisco Iturralde, and his reckless actions which left me paralyzed from the neck down and a multi-stroke survivor,” said Jack Greener. “I am incredibly grateful to both teams at Panish | Shea | Ravipudi LLP and Morris, Sullivan & Lemkul, LLP and the subsequent victory earned through immense passion and hard work. Their longstanding dedication to the case, positivity in the face of numerous litigation obstacles, and deep kindness to not only myself as a client but also to my entire family through the process will never be forgotten.”
Defendants were represented at trial by Robert T. Bergsten and Mary M. Campo, Esq, of Hosp, Gilbert & Bergsten.
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“My life was forever changed by my black belt Jiu-Jitsu instructor, Francisco Iturralde, and his reckless actions which left me paralyzed from the neck down and a multi-stroke survivor,” said Jack Greener.
Contacts
MEDIA CONTACT:
Angela Bailey, abailey@panish.law
