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Old 12-10-2007, 12:20 PM   #1
Rocky Izumi
Dojo: GUST Aikido Club
Location: Salwa, Kuwait
Join Date: Oct 2004
Posts: 381
Legal Case - Test your legal knowledge

This is coming out of a thread in the forums that some might find interesting. You might also have fun answering this one or speculating on this one. The answers will change depending on legal jurisdiction but the principles used in the decisions will be the same in all common law jurisdictions and the same principles in all civil code jurisdictions. The only correct answer is the one you can justify using those principles.

This case is converted to an Aikido situation from one for which I had to write a decision in a Tort class about 23 years ago. The original true case was in a sport fitness chain in a common law jurisdiction.

You grade a student to second degree on your responsibility as a Shidoin. The Nidan student has their own dojo in another city. After the grading, the Nidan goes and teaches a variant of Kokyu Nage which could be a little dangerous for anyone who does not know know Ukemi. The Nidan learned this technique at a seminar you gave and it you even allowed the Nidan to use it during his/her grading.

The Nidan did show the Kokyu Nage to his/her students back home and they learned to do it quite well and it was safely practiced in his/her dojo for some time.

A couple years later, the Nidan is teaching class and shows this Kokyu Nage during class since it has become one of the dojo's favourite techniques since it is simple, elegant, causes nice soft but large Ukemi, and it is "flashy". A beginner student is in the class and is taking Ukemi for the Nidan instructor. Now, if the technique is done correctly, the result is generally safe for anyone but the beginner resisted strongly against the technique and when the Nidan overcame the resistance with more Kokyu, the beginner over-rotated and landed on the back of his head. With a loud snap, the neck was fractured. The beginner student ended up with a fractured spine that lead to bipedal paralysis, loss of job, and possibly even loss of family due to divorce caused by stress on the wife and kids.

A lawsuit is brought forward by the beginner. It has named you as one of the defendants. While the Nidan probably did learn the Kokyu Nage from you at that seminar years ago, you are not the only one who shows this Kokyu Nage. It is a standard technique within your Ryu.

These are the facts of the case. The question is, do you have any exposure in this lawsuit? If you do have exposure, what do you think may be the possible level of exposure? How many dollars?

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