A New York cop who was injured while sparring at a Hartsdale Brazilian jiu jitsu gym had assumed the inherent risks of the sport, a court has ruled.
The Second Appellate Court on April 10 upheld a decision by a Westchester Supreme Court judge who dismissed a lawsuit brought by Richard L. Santana against Essential Jiu Jitsu.
Santana often dealt with potentially violent people, according to his 2019 lawsuit, as an 8-year veteran of the New York City Police transit bureau.
A colleague encouraged him to learn the “gentle art” of self-defense and recommended Essential Jiu Jitsu. He visited the Hartsdale studio and concluded that Essential was committed to safety and that the introductory class would be low-risk and well-suited to a novice like himself.
On April 9, 2019, a new instructor, Nate Hiott, was running the class. He allegedly announced that sparring practice at the end of class was “going to be different today.” The students were going to play King of the Guard, a grappling game where there would be “winners and losers.”
Four students selected as guards took positions on the mat. Others lined up in a row facing the guards. Their goal was to pass the guard. Those who succeeded would then take the guard position and the defeated guard would go to the back of the line.
Santana claimed that the game was reckless for novices. “The focus was not on practicing technique,” but “on winning at all costs while other students cheered on the combatants.”
He depicted the scene as a high-machismo, wild frenzy, “a far cry from the “gentle art” of jiu jitsu advertised by Essential.”
Santana got caught up in the fervor.
He successfully passed a guard and then took up the guard position. Within seconds, before he could assume the proper position, he claimed, a student slammed into him and onto his right leg.
He ankle was fractured.
A surgeon repaired the ankle with six screws, wires, and a metal plate, according to the complaint, but he remained disabled.
He sued Essential for negligence for allegedly failing to warn him of the dangers and failing to adequately hire and supervise employees.
Justice David F. Everett of Westchester Supreme Court ruled in June 2021 that Santana had assumed the risk of injury. He granted Essential’s motion for summary judgment and dismissed the complaint.
Santana appealed the decision.
A panel of four appellate justices upheld judge Everett’s decision.
Essential’s owner, Jonathan Torres, had testified that students were not required to engage in sparring exercises. They could opt out.
Before the King of the Guard game began, Hiott instructed students to watch their space and remain in control of their actions.
Santana had not previously participated in this particular game, the judges noted. But he had attended 10 classes and participated in other sparring exercises.
In 2016 and 2018, he had taken about 30 classes at other martial arts gyms. As a police officer, he was taught how to handle violent offenders, including instruction in grappling.
Santana had voluntarily participated in a sporting activity where the inherent risks were foreseeable or obvious, the justices ruled, and therefore had consented to the risks.
