Greener v. M. Phelps (December 31, 2024, D082588) __Cal.Rptr.3d__ [2024 WL 5265196]
Plaintiff sued a Jiu Jitsu club after suffering injury due to a series of moves performed on him by his instructor. The issue presented relates to the standard jury instruction governing liability of a sports instructor to an injured student, CACI 471.
There are two alternative standards under CACI 471. Under option 1, an instructor is only liable if they intentionally cause injury or act recklessly to a degree that the conduct is outside the range of ordinary activity in teaching the sport. Option 2 imposes liability if the instructor unreasonably increased the risk to the student over and above the risks inherent in the sport. The court instructed in terms of Option 2 and also gave the jury CACI 400, which states the elements of negligence, and CACI 401, which defines the basic standard of care.
The jury found in favor of plaintiff and awarded $46 million in damages. Defendants appealed, claiming instructional error.
The Court of Appeal affirmed. The court held that the trial court properly instructed the jury in terms of CACI 471, option 2. Specifically, the court concluded that the instructor had increased the risk to the student over and above those risks inherent in combat or grappling sports because the “instructor engaged in the activity while not providing any demonstration or instruction.” The Court further held that the increased risk standard applied because defendant was an expert in the field and testified that he knew “something bad” would happen to plaintiff if he proceeded with his maneuver, yet did so regardless. The Court, however, recommended revising CACI 471 to prevent any confusion regarding the elements of liability.
