Anthony J. Ellrod & Esteban Ortiz Deliver Defense Win in Boxing Injury Lawsuit

Founding Partner Anthony J. Ellrod and Orange County Associate Esteban Ortiz obtained summary judgment in a personal injury claim against our boxing club client. The plaintiff allegedly sustained injuries while sparring with another boxer, who he claimed exceeded his skill level. He alleged Defendant was negligent in failing to provide adequate training, appropriately match sparring partners, implement sufficient safety and emergency protocols, secure timely medical attention, and guard or warn against a dangerous condition or activity.

Upon joining the gym, Plaintiff’s parents had executed a release of liability and express assumption of risk agreement on Plaintiff’s behalf, by which they released our client from liability and expressly assumed all risks arising out of its negligence. Based on these provisions, our team moved for summary judgment.

The Court granted summary judgment in favor of our client, finding Plaintiff’s claims were barred by both the release and express assumption of risk agreement. It further held that Plaintiff’s alleged injuries resulted from risks inherent to the sport of boxing and were also barred under the primary assumption of risk doctrine. 

About Our Team

Anthony J. Ellrod is the leader of the Business Litigation, Corporate and Commercial Transactions, Intellectual Property, and Sports, Recreation, and Attractions Law teams, and is a member of the Land Use team. He holds an AV Preeminent® rating from Martindale-Hubbell, and is an Associate of the American Board of Trial Advocates (ABOTA). He was named a 2012-2019 Top Business Litigation Attorney by Pasadena Magazine, as well as a 2005–2010, 2016-2026 Super Lawyer, and a 2009-2010 Super Lawyer – Business Edition.

Esteban Ortiz is a member of the Business Litigation, Employment, Intellectual Property, Premises Liability, and Sports, Recreation, and Attractions Law teams. He received his Juris Doctor from the University of San Francisco School of Law, where he was awarded the Zief Scholarship, the Blum Foundation Scholarship, and the Pro Bono Gold Award. Prior to joining the firm, Mr. Ortiz gained broad experience in litigation, employment, and business law through his work at major law firms and government entities.