Case 1:23-cv-01456-LMB-WEF Document 1 Filed 10/26/23 Page 1 of 26 PageID# 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

(Alexandria Division)

JETT LISKA
8 Oyster Rake Lane
Hilton Head Island, SC 29926

Plaintiff,

v. Case No. 1:23-cv-01456

ANDREW SKOMRA
214 S. Virginia Ave.
Falls Church, VA 22046-4128

AND

THE FIGHTERS GARAGE LLC

132 West Jefferson Street
Falls Church, VA 22046-3417

Serve: Bruce Efrayim Schmidt

132 West Jefferson Street
Falls Church, VA 22046-3417

AND

KRAV WORKS LLC

132 W Jefferson St
Falls Church, VA 22046-3417

Serve: Scott Asher Willner

132 W Jefferson St.
Falls Church, VA 22046-3417

Defendants

COMPLAINT AND JURY DEMAND

COMES NOW, Plaintiff, JETT LISKA, and moves for judgement against the

Defendants, ANDREW SKOMRA, THE FIGHTERS GARAGE LLC, AND KRAV WORKS
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LLC (hereinafter collectively referred to as “Defendants”), jointly and severally, on the grounds

and in the amount set forth below:

PARTIES

1. Plaintiff, Jett Liska (“Mr. Liska”), is a citizen of the State of South Carolina,

residing at 8 Oyster Rake Lane, Hilton Head Island, SC 29926.

2. Defendant Andrew Skomra (“Mr. Skomra” or “Defendant Skomra”) is an adult

citizen of the Commonwealth of Virginia, residing at 214 S. Virginia Ave., Falls Church, VA

22046-4128. At all times relevant hereto, Mr. Skomra was an employee and/or agent of

Defendant The Fighters Garage LLC, acting within the scope of his employment/agency. At all

relevant times hereto, Mr. Skomra was an employee and/or agent of Defendant Krav Works

LLC, acting within the scope of his employment/agency.

3. At all relevant times herein, Defendant The Fighters Garage LLC (hereinafter

“Fighters Garage”) was a limited liability company doing business in the Commonwealth of

Virginia, providing, inter alia, martial arts training and instruction. Its principal place of business

was 132 West Jefferson Street, Falls Church, VA 22046-3417, it was organized in the

Commonwealth of Virginia, and, upon information and belief, all its members are citizens of the

Commonwealth of Virginia. At all relevant times, upon information and belief, Defendant

Andrew Skomra was an employee and/or agent of Fighters Garage acting within the scope of his

employment/agency. Fighters Garage is vicariously liable for the tortious acts and/or omissions

of its employees and/or agents, including Mr. Skomra, towards Jett Liska under the principle(s)

of respondeat superior and/or agency.

4. At all relevant times herein, Defendant Krav Works LLC (hereinafter “Krav

Works”) was a limited liability company doing business in the Commonwealth of Virginia,

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providing, inter alia, martial arts training and instruction. Its principal place of business was 132

W Jefferson St, Falls Church, VA 22046-3417, it was organized in the Commonwealth of

Virginia, and, upon information and belief, all its members are citizens of the Commonwealth of

Virginia. At all relevant times, upon information and belief, Defendant Andrew Skomra was an

employee and/or agent of Krav Works acting within the scope of his employment/agency. Krav

Works is vicariously liable for the tortious acts and/or omissions of its employees and/or agents,

including Mr. Skomra, towards Jett Liska under the principle(s) of respondeat superior and/or

agency.

JURISDICTION

5. Subject matter jurisdiction in this matter is founded on diversity of citizenship and

amount in controversy under 28 U.S.C. § 1332(a)(1).

6. The matter in controversy exceeds the sum of Seventy-Five Thousand Dollars

($75,000.00), exclusive of interest and costs, and Plaintiff does not share a state of citizenship

with any Defendant, with any member of Defendant Fighters Garage, or with any member of

Defendant Krav Works.

7. Venue in this action properly lies in the United States District Court for the

Eastern District of Virginia, Alexandria Division, under 28 U.S.C.§ 1391(b)(2), insofar as a

substantial part of the events or omissions giving rise to this claim occurred in this judicial

district.

8. This Court has personal jurisdiction over Defendants in that the incident giving

rise to this action occurred in the Commonwealth of Virginia, and Defendants (and/or their

employees/agents) caused tortious injury by their acts and omissions in the Commonwealth of

Virginia. Additionally, Defendant Skomra is a citizen of the Commonwealth of Virginia, and

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both The Fighters Garage and Krav Works were organized in the Commonwealth of Virginia and

had their principal place of business in the Commonwealth of Virginia.

FACTS

9. On or about May 21, 2022, following the recommendation of an acquaintance,

Mr. Liska reported to the Gracie Jiu-Jitsu class at the Fighters Garage and/or the Krav Works

facility located at 132 W. Jefferson St., Falls Church, VA 22046-3417, taught by Defendant

Andrew Skomra.

10. Mr. Liska had attended a different martial arts class at the same facility a few days

earlier. However, prior to May 21, 2022, Mr. Liska had never attended a Jiu-Jitsu class, nor had

he ever received any instruction in the art of Jiu-Jitsu.

11. When signing up for the May 21, 2022, Jiu-Jitsu class, Mr. Liska made clear that

he was a complete beginner in Jiu-Jitsu. A Fighters Garage and/or Krav Works employee told

Mr. Liska that they did not offer Jiu-Jitsu courses tailored to a student’s ability (e.g.,

introductory, intermediate, advanced, etc.). This individual stated to Mr. Liska that he could

simply walk into any class that was being offered, and the instructor would accommodate his

skill level.

12. Mr. Skomra is a professional martial artist who has trained at Fighters Garage

and/or Krav Works for many years.

13. At all relevant times herein, Mr. Skomra was an agent and/or employee of

Fighters Garage and acting within the scope of his employment/agency.

14. Additionally, or in the alternative, at all relevant times herein, Mr. Skomra was an

agent and/or employee of Krav Works and acting within the scope of his employment/agency.

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15. The May 21, 2022, class began with Mr. Skomra demonstrating various Jiu-Jitsu

techniques.

16. After he had demonstrated the Jiu-Jitsu techniques, Mr. Skomra instructed Mr.

Liska and the rest of the class to pair off by skill level and practice the techniques Mr. Skomra

had just shown everyone.

17. When Mr. Skomra instructed the Jiu-Jitsu class to pair off by skill level, Mr.

Liska informed Mr. Skomra that he (Mr. Liska) was a “total beginner” at martial arts. Mr. Liska

had said the same thing at the earlier class he attended at Fighters Garage and/or Krav Works.

18. Pursuant to Mr. Skomra’s instructions, Mr. Liska paired off with another student

and practiced the techniques Mr. Skomra had shown him.

19. After the class spent some time practicing the techniques that Mr. Skomra had

shown them, Mr. Skomra instructed the class to pair off again and practice grappling.

20. During the grappling portion of the class, Mr. Skomra paired himself with Mr.

Liska, due to Mr. Liska’s professed complete inexperience in Jiu-Jitsu.

21. Mr. Liska reasonably expected—and the applicable standards of care mandated—

that Mr. Skomra would accommodate his (Mr. Liska’s) beginner skill level, and in an

introductory training session, that the much more experienced instructor, Mr. Skomra, would

exercise reasonable care to avoid injuring Mr. Liska.

22. At no time prior to beginning the sparring session with Mr. Liska did Mr. Skomra

instruct Mr. Liska as to the specific and established methods of indicating submission and/or

surrender in Brazilian Jiu-Jitsu.

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23. As is typical of Brazilian Jiu-Jitsu, Mr. Liska and Mr. Skomra began their practice

session on their knees, facing each other, approximately an arm’s-length away, with their arms at

their sides and feet uncrossed.

24. Mr. Skomra then yelled “grapple” or “fight” and the two men proceeded to grab

each other and attempt to work the other into a position of submission without getting to their

feet.

25. While grappling, Mr. Skomra ended up behind Mr. Liska and placed both arms

around Mr. Liska’s neck in a position called a rear-naked choke hold.

26. Mr. Liska, in response, grabbed Mr. Skomra’s arm closest to the front of his neck

with both hands, pulled it away from his neck slightly, and drove Mr. Skomra backward with his

legs.

27. Mr. Skomra, realizing that he was going to land flat on his back and head,

released Mr. Liska completely and fell backwards, breaking his fall with his hands.

28. Mr. Skomra told the completely inexperienced Mr. Liska “You really shouldn’t

do that. Watch your slams. Seriously, watch your slams. Most guys would go really hard on you

now. I’m just going to go a little harder.” Mr. Liska apologized repeatedly, but Mr. Skomra

seemingly ignored him.

29. Mr. Liska and Mr. Skomra then lined back up and began to grapple again, with

Mr. Skomra moving frenetically from submission hold to submission hold. Upon information

and belief, Mr. Skomra was intent on demonstrating his superiority to Mr. Liska in retaliation for

what had previously occurred.

30. After rapidly demonstrating several submissions and in the course of their

grappling, Mr. Skomra ended up on top of Mr. Liska with Mr. Liska laying on his (Mr. Liska’s)

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back on the ground and Mr. Skomra’s body positioned perpendicular to Mr. Liska’s, a position

commonly known as “side mount.”

31. Once on top of Mr. Liska, Mr. Skomra placed his (Mr. Skomra’s) arms in position

to execute a submission popularly known as an “Americana,” a variation of another popular

submission called a “Kimura.”

32. To begin the Americana submission, Mr. Skomra forced Mr. Liska’s left arm into

a position where Mr. Liska’s upper arm and forearm were flat on the ground and formed a

roughly 45-to-90-degree angle at Mr. Liska’s antecubital fossa (i.e., the “crook” of his arm).

33. Once Mr. Skomra had placed Mr. Liska’s left arm in the position described above,

Mr. Skomra placed his own left elbow to the right of Mr. Liska’s head (from Mr. Skomra’s

perspective), and Mr. Skomra used his left hand to grasp the inner portion of Mr. Liska’s left

wrist, thereby anchoring Mr. Liska’s left wrist to the ground.

34. Next, Mr. Skomra slid his right hand underneath Mr. Liska’s left elbow, and

grabbed the top of his own (Mr. Skomra’s) left wrist, which was still anchoring Mr. Liska’s left

wrist to the ground.

35. Once Mr. Skomra had grasped his own left wrist as described above, he began

asserting upward forces on Mr. Liska’s elbow while simultaneously keeping Mr. Liska’s left

wrist anchored to the ground, thereby asserting immense hyper-external rotational forces on Mr.

Liska’s left arm.

36. In Jiu-Jitsu, a fighter may indicate his submission and/or his surrender by tapping

the ground, tapping his opponent, or by orally communicating that he is submitting/surrendering.

37. Once a Jiu-Jitsu fighter indicates his submission or surrender, his opponent must

immediately cease the grappling session or fight as applicable.

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38. At all relevant times herein, it was crucially important for Jiu-Jitsu instructors like

Mr. Skomra to instruct Jiu-Jitsu students in the method of surrendering/submitting by tapping

their opponent. The reason for the foregoing was that, by tapping one’s opponent, even a person

who could not see or hear would understand that his opponent was submitting/surrendering and

that he should cease applying force.

39. In Jiu-Jitsu, a fighter’s first priority should be preventing injury to oneself. For

this reason, any Jiu-Jitsu instructor in Mr. Skomra’s position and with his claimed experience

knew, or should have known, that beginner students should be instructed in breaking their falls

and indicating submission/surrender (i.e., tapping the ground, tapping the opponent, or orally

communicating), before advancing to grappling/sparring sessions.

40. Any Jiu-Jitsu instructor in Mr. Skomra’s position and with his claimed experience

knew, or should have known, that it was inappropriate to instruct a student to engage in

sparring/grappling sessions on his first day of class.

41. Prior to beginning the grappling session, Mr. Skomra failed to instruct Mr. Liska

on the specifics of any of the above three techniques used for indicating submission/surrender.

Mr. Skomra merely indicated to Mr. Liska that he (Mr. Liska) should “tap” if he wished to

surrender/submit.

42. In getting into position for the “Americana,” Mr. Skomra negligently, recklessly,

and/or intentionally positioned his body away from Mr. Liska, rendering him unable to see if Mr.

Liska tapped the floor to indicate that he submitted.

43. Any reasonable Jiu-Jitsu instructor in Mr. Skomra’s position and with his claimed

experience knew or should have known that the Americana submission places tremendous

pressure on both the shoulder and elbow joints of the individual being subjected to the

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submission and has the potential to cause serious injury. Accordingly, Mr. Skomra knew or

should have known of the importance of exercising extreme caution when performing the

Americana submission on Mr. Liska, especially given Mr. Liska’s inexperience.

44. Once Mr. Skomra had secured the Americana submission and had begun exerting

hyper-external rotational forces on Mr. Liska’s left arm, Mr. Liska was immediately aware that

he was beaten and began to tap the floor furiously.

45. Mr. Skomra, intentionally, negligently, and/or recklessly ignored Mr. Liska’s

tapping. Alternatively, Mr. Skomra, intentionally, negligently, and/or recklessly failed to

recognize Mr. Liska’s tapping, due to how Mr. Skomra had positioned himself.

46. Mr. Skomra, contrary to all established precepts and standards of care of Jiu-Jitsu

instruction, then brutally executed the submission to completion, pinning Mr. Liska’s left arm

backwards and snapping his humerus into pieces just above the elbow, as seen in the X-ray

image below.

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X-ray of Mr. Liska’s arm, broken, as a result of Mr. Skomra’s actions

47. As a direct and proximate result of Mr. Skomra’s actions, Mr. Liska suffered

severe injury, including a comminuted and displaced fracture of his humerus that required

surgery to repair, as well as extreme pain, suffering, and emotional distress.

48. As a direct and proximate result of Mr. Skomra’s actions, Mr. Liska incurred

approximately $47,855.30 in medical expenses.

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49. As a direct and proximate result of Mr. Skomra’s actions Mr. Liska continues to

incur damages including, but not limited to, immense pain and suffering, mental anguish, and

permanent injuries (e.g., placement of surgical hardware and decreased sensation in the back of

his arm).

50. At no time did Mr. Liska act negligently or assume the risk of Mr. Skomra’s

outrageous behavior.

COUNT I:
Negligence – Against All Defendants

51. The previous paragraphs are incorporated by reference as though fully set forth

herein.

52. Plaintiff brings this Count against Defendant Skomra, directly, and against

Defendant Fighters Garage and Defendant Krav Works on theories of vicarious liability.

53. At all relevant times herein, Mr. Skomra was a professional martial artist who has

trained at Fighters Garage and/or Krav Works for many years.

54. At all relevant times herein, Mr. Skomra was an agent and/or employee of

Fighters Garage and acting within the scope of his employment/agency.

55. At all relevant times herein, Mr. Skomra was an agent and/or employee of Krav

Works and acting within the scope of his employment/agency.

56. At all relevant times, Mr. Skomra knew or should have known that Mr. Liska was

a complete beginner in Jiu-Jitsu.

57. At all relevant times, Mr. Skomra knew or should have known that it is

inappropriate to instruct a first-time Jiu-Jitsu student to engage in grappling/sparring sessions on

his first day.

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58. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

beginner’s first class should consist of learning and demonstrating the proper ways to indicate

submission/surrender and breaking his falls.

59. At all relevant times, Mr. Skomra knew or should have known that the Americana

submission places tremendous pressure on both the shoulder and elbow joints of the individual

being subjected to the submission, and has the potential to cause serious injury.

60. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

student of Mr. Liska’s experience (which was, prior to May 21, 2022, nonexistent) was unlikely

to have the requisite skill and proficiency to escape from Mr. Skomra once Mr. Skomra had

secured the Americana.

61. Mr. Skomra owed a duty of care to Mr. Liska to use reasonable measures in

instructing Mr. Liska in Jiu-Jitsu, including but not limited to in the demonstration of the

“Americana” submission. This duty of care included, but was not limited to:

a. properly instructing Mr. Liska on the various techniques used to indicate

submission/surrender;

b. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before instructing Mr. Liska to engage in
sparring/grappling;

c. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before performing any Jiu-Jitsu
techniques/submissions on Mr. Liska that had the potential to cause Mr. Liska
serious injury; and

d. protecting Mr. Liska from bodily harm through the use of only reasonable and
necessary force to demonstrate the Americana submission, and not completing the
submission to its gruesome conclusion.

62. Mr. Skomra further owed a duty of care to Mr. Liska to pay attention to Mr. Liska

throughout the demonstration of the Americana submission, including being able to identify

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when Mr. Liska was beaten and/or when Mr. Liska indicated he submitted before completing the

demonstrated move.

63. As a martial arts instructor, Mr. Skomra knew or should have known the danger

of the submission he was performing, and that completing it would result in severe injury to Mr.

Liska of the type that occurred.

64. As it was a martial arts course and Mr. Skomra was an instructor, Mr. Liska had

no reason to expect or to assume that Mr. Skomra, in the course of demonstrating a submission,

would complete said submission to a conclusion that would result in severe injury.

65. In breach of the duties that Mr. Skomra owed to Mr. Liska, Mr. Skomra, inter

alia:

a. failed to provide Mr. Liska with a detailed instruction of the various ways to
indicate to his opponent that he wished to submit/surrender;

b. failed to ensure Mr. Liska understood and was proficient in performing the
various means of indicating submission/surrender in Jiu-Jitsu;

c. instructed Mr. Liska, a Jiu-Jitsu beginner, to grapple/spar in Mr. Liska’s first ever
Jiu-Jitsu training session;

d. failed to take care to acknowledge that Mr. Liska was indicating his
submission/surrender while Mr. Skomra executed the Americana submission on
Mr. Liska;

e. negligently ignored Mr. Liska’s furious tapping on the ground, indicating

submission/surrender, while Mr. Skomra performed the Americana submission on
Mr. Liska;

f. negligently failed to recognize Mr. Liska’s furious tapping the ground, indicating
submission/surrender, while Mr. Skomra performed the Americana submission on
Mr. Liska; and/or

g. failed to exercise reasonable care to avoid injuring Mr. Liska, thereby snapping
into pieces Mr. Liska’s humerus in the course of completing the Americana
submission.

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66. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Fighters Garage, Fighters Garage is vicariously

liable for the tortious acts and omissions of Mr. Skomra as set forth above, under principles of

respondeat superior and/or agency.

67. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Krav Works, Krav Works is vicariously liable for

the tortious acts and omissions of Mr. Skomra as set forth above, under principles of respondeat

superior and/or agency.

68. As a direct and proximate result of Mr. Skomra’s tortious acts and omissions as

aforesaid, Plaintiff suffered serious and permanent injury, has incurred in the past approximately

$47,855.30 in medical expenses, and will incur additional medical expenses in the future; has

suffered pain and suffering and will continue to do so in the future; has suffered mental anguish

and will do so in the future; has suffered disfigurement and associated humiliation and will

continue to do so in the future; has suffered inconvenience and will continue to do so in the

future; and has suffered limitations to his activities of daily living.

WHEREFORE, Plaintiff Jett Liska, demands judgment against Defendants, ANDREW

SKOMRA, THE FIGHTERS GARAGE LLC, AND KRAV WORKS LLC, jointly and severally,

in the amount of TWO MILLION DOLLARS ($2,000,000.00) in compensatory damages, plus

pre- and post- judgment interest at the legal rage, all taxable costs expended in connection with

this action, and such other relief as this Court deems proper.

COUNT II:
Gross Negligence – Against All Defendants

69. The preceding paragraphs are incorporated by reference as though fully set forth

herein.

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70. Plaintiff brings this Count against Defendant Skomra, directly, and against

Defendant Fighters Garage and Defendant Krav Works on theories of vicarious liability.

71. At all relevant times herein, Mr. Skomra was a professional martial artist who has

trained at Fighters Garage and/or Krav Works for many years.

72. At all relevant times herein, Mr. Skomra was an agent and/or employee of

Fighters Garage and acting within the scope of his employment/agency.

73. At all relevant times herein, Mr. Skomra was an agent and/or employee of Krav

Works and acting within the scope of his employment/agency.

74. At all relevant times, Mr. Skomra knew or should have known that Mr. Liska was

a complete beginner in Jiu-Jitsu.

75. At all relevant times, Mr. Skomra knew or should have known that it is

inappropriate to instruct a first-time Jiu-Jitsu student to engage in grappling/sparring sessions on

his first day.

76. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

beginner’s first class should consist of learning and demonstrating the proper ways to indicate

submission/surrender and breaking his falls.

77. At all relevant times, Mr. Skomra knew or should have known that the Americana

submission places tremendous pressure on both the shoulder and elbow joints of the individual

being subjected to the submission, and has the potential to cause serious injury to those joints.

78. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

student of Mr. Liska’s experience (which was, prior to May 21, 2022, nonexistent) was unlikely

to have the requisite skill and proficiency to escape from Mr. Skomra once Mr. Skomra had

secured the Americana.

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79. Mr. Skomra owed a duty of care to Mr. Liska to use reasonable measures in

instructing Mr. Liska in Jiu-Jitsu, including but not limited to in the demonstration of the

“Americana” submission. This duty of care included, but was not limited to:

a. properly instructing Mr. Liska on the various techniques used to indicate

submission/surrender;

b. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before instructing Mr. Liska to engage in
sparring/grappling;

c. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before performing any Jiu-Jitsu
techniques/submissions on Mr. Liska that had the potential to cause Mr. Liska
serious injury; and

d. protecting Mr. Liska from bodily harm through the use of only reasonable and
necessary force to demonstrate the Americana submission, and not completing the
submission to its gruesome conclusion.

80. Mr. Skomra further owed a duty of care to Mr. Liska to pay attention to Mr. Liska

throughout the demonstration of the Americana submission, including being able to identify

when Mr. Liska was beaten and/or when Mr. Liska indicated he submitted before completing the

demonstrated move.

81. As a martial arts instructor, Mr. Skomra knew or should have known the danger

of the submission he was performing, and that completing it would result in severe injury to Mr.

Liska of the type that occurred.

82. As it was a martial arts course and Mr. Skomra was an instructor, Mr. Liska had

no reason to expect or to assume that Mr. Skomra, in the course of demonstrating a submission,

would complete said submission to a conclusion that would result in severe injury.

83. In breach of the duties that Mr. Skomra owed to Mr. Liska, Mr. Skomra, inter

alia:

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a. failed to provide Mr. Liska with a detailed instruction of the various ways to
indicate to his opponent that he wished to submit/surrender;

b. failed to ensure Mr. Liska understood and was proficient in performing the
various means of indicating submission/surrender in Jiu-Jitsu;

c. instructed Mr. Liska, a Jiu-Jitsu beginner, to grapple/spar in Mr. Liska’s first ever
Jiu-Jitsu training session;

d. failed to take care to acknowledge that Mr. Liska was indicating his
submission/surrender while Mr. Skomra executed the Americana submission on
Mr. Liska;

e. intentionally and/or recklessly ignored Mr. Liska’s furious tapping on the ground,
indicating submission/surrender, while Mr. Skomra performed the Americana
submission on Mr. Liska;

f. intentionally and/or recklessly failed to recognize Mr. Liska’s furious tapping the
ground, indicating submission/surrender, while Mr. Skomra performed the
Americana submission on Mr. Liska; and/or

g. failed to exercise reasonable care to avoid injuring Mr. Liska, thereby snapping
into pieces Mr. Liska’s humerus in the course of completing the Americana
submission.

84. Mr. Skomra’s actions as aforesaid, resulting in the fracture of Mr. Liska’s

humerus, showed his complete indifference to others and constituted an utter disregard of caution

amounting to a complete neglect of the safety of Mr. Liska, that would shock fair-minded people.

85. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Fighters Garage, Fighters Garage is vicariously

liable for the tortious acts and omissions of Mr. Skomra as set forth above, under principles of

respondeat superior and/or agency.

86. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Krav Works, Krav Works is vicariously liable for

the tortious acts and omissions of Mr. Skomra as set forth above, under principles of respondeat

superior and/or agency.

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87. As a direct and proximate result of Mr. Skomra’s tortious acts and omissions as

aforesaid, Plaintiff suffered serious and permanent injury, has incurred in the past approximately

$47,855.30 in medical expenses, and will incur additional medical expenses in the future; has

suffered pain and suffering and will continue to do so in the future; has suffered mental anguish

and will do so in the future; has suffered disfigurement and associated humiliation and will

continue to do so in the future; has suffered inconvenience and will continue to do so in the

future; and has suffered limitations to his activities of daily living.

WHEREFORE, Plaintiff Jett Liska, demands judgment against Defendants, ANDREW

SKOMRA, THE FIGHTERS GARAGE LLC, AND KRAV WORKS LLC, jointly and severally,

in the amount of TWO MILLION DOLLARS ($2,000,000.00) in compensatory damages, plus

pre- and post- judgment interest at the legal rage, all taxable costs expended in connection with

this action, and such other relief as this Court deems proper.

COUNT III:
Willful and Wanton Negligence – Against All Defendants

88. The preceding paragraphs are incorporated by reference as though fully set forth

herein.

89. Plaintiff brings this Count against Defendant Skomra, directly, and against

Defendant Fighters Garage and Defendant Krav Works on theories of vicarious liability.

90. At all relevant times herein, Mr. Skomra was a professional martial artist who has

trained at Fighters Garage and/or Krav Works for many years.

91. At all relevant times herein, Mr. Skomra was an agent and/or employee of

Fighters Garage and acting within the scope of his employment/agency.

92. At all relevant times herein, Mr. Skomra was an agent and/or employee of Krav

Works and acting within the scope of his employment/agency.

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93. At all relevant times, Mr. Skomra knew or should have known that Mr. Liska was

a complete beginner in Jiu-Jitsu.

94. At all relevant times, Mr. Skomra knew or should have known that it is

inappropriate to instruct a first-time Jiu-Jitsu student to engage in grappling/sparring sessions on

his first day.

95. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

beginner’s first class should consist of learning and demonstrating the proper ways to indicate

submission/surrender and breaking his falls.

96. At all relevant times, Mr. Skomra knew or should have known that the Americana

submission places tremendous pressure on both the shoulder and elbow joints of the individual

being subjected to the submission, and has the potential to cause serious injury to those joints.

97. At all relevant times, Mr. Skomra knew or should have known that a Jiu-Jitsu

student of Mr. Liska’s experience (which was, prior to May 21, 2022, nonexistent) was unlikely

to have the requisite skill and proficiency to escape from Mr. Skomra once Mr. Skomra had

secured the Americana.

98. Mr. Skomra owed a duty of care to Mr. Liska to use reasonable measures in

instructing Mr. Liska in Jiu-Jitsu, including but not limited to in the demonstration of the

“Americana” submission. This duty of care included, but was not limited to:

a. properly instructing Mr. Liska on the various techniques used to indicate

submission/surrender;

b. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before instructing Mr. Liska to engage in
sparring/grappling;

c. requiring Mr. Liska to demonstrate his understanding of the various techniques

used to indicate submission/surrender before performing any Jiu-Jitsu

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techniques/submissions on Mr. Liska that had the potential to cause Mr. Liska
serious injury; and

d. protecting Mr. Liska from bodily harm through the use of only reasonable and
necessary force to demonstrate the Americana submission, and not completing the
submission to its gruesome conclusion.

99. Mr. Skomra further owed a duty of care to Mr. Liska to pay attention to Mr. Liska

throughout the demonstration of the Americana submission, including being able to identify

when Mr. Liska was beaten and/or when Mr. Liska indicated he submitted before completing the

demonstrated move.

100. As a martial arts instructor, Mr. Skomra knew or should have known the danger

of the submission he was performing, and that completing it would result in severe injury to Mr.

Liska of the type that occurred.

101. As it was a martial arts course and Mr. Skomra was an instructor, Mr. Liska had

no reason to expect or to assume that Mr. Skomra, in the course of demonstrating a submission,

would complete said submission to a conclusion that would result in severe injury.

102. In breach of the duties that Mr. Skomra owed to Mr. Liska, Mr. Skomra, inter

alia:

a. failed to provide Mr. Liska with a detailed instruction of the various ways to
indicate to his opponent that he wished to submit/surrender;

b. failed to ensure Mr. Liska understood and was proficient in performing the
various means of indicating submission/surrender in Jiu-Jitsu;

c. instructed Mr. Liska, a Jiu-Jitsu beginner, to grapple/spar in Mr. Liska’s first ever
Jiu-Jitsu training session;

d. failed to take care to acknowledge that Mr. Liska was indicating his
submission/surrender while Mr. Skomra executed the Americana submission on
Mr. Liska;

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e. intentionally, recklessly, and/or consciously ignored Mr. Liska’s furious tapping

on the ground, indicating submission/surrender, while Mr. Skomra performed the
Americana submission on Mr. Liska;

f. intentionally, recklessly, and/or consciously failed to recognize Mr. Liska’s

furious tapping the ground, indicating submission/surrender, while Mr. Skomra
performed the Americana submission on Mr. Liska; and/or

g. failed to exercise reasonable care to avoid injuring Mr. Liska, thereby snapping
into pieces Mr. Liska’s humerus in the course of completing the Americana
submission.

103. Mr. Skomra’s actions as aforesaid were willful and wanton, and were undertaken

consciously in disregard of Mr. Liska’s rights, thereby entitling Mr. Liska to punitive damages.

104. Additionally, and/or alternatively, Mr. Skomra’s actions as aforesaid were willful

and wanton, and undertaken with a reckless indifference to the consequences to Mr. Liska, and

Mr. Skomra, a professed professional martial artist and experienced martial arts instructor

(including, but not limited to, in the art of Jiu-Jitsu), was aware of his conduct and also was

aware, from his knowledge of existing circumstances and conditions (e.g., Mr. Liska’s

inexperience), that his conduct would probably result in injury to Mr. Liska. Accordingly,

Plaintiff is entitled to punitive damages.

105. Additionally, and/or alternatively, Mr. Skomra actions as aforesaid, combined

with the circumstances preceding his injuring Mr. Liska, constituted actual malice, meaning that,

in injuring Mr. Liska, Mr. Skomra had a sinister or corrupt motive such as hatred, personal spite,

ill will, or a desire to injure Mr. Liska. Accordingly, Plaintiff is entitled to punitive damages.

106. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Fighters Garage, Fighters Garage is vicariously

liable for the tortious acts and omissions of Mr. Skomra as set forth above, under principles of

respondeat superior and/or agency.

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107. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Krav Works, Krav Works is vicariously liable for

the tortious acts and omissions of Mr. Skomra as set forth above, under principles of respondeat

superior and/or agency.

108. As a direct and proximate result of Mr. Skomra’s tortious acts and omissions as

aforesaid, Plaintiff suffered serious and permanent injury, has incurred in the past approximately

$47,855.30 in medical expenses, and will incur additional medical expenses in the future; has

suffered pain and suffering and will continue to do so in the future; has suffered mental anguish

and will do so in the future; has suffered disfigurement and associated humiliation and will

continue to do so in the future; has suffered inconvenience and will continue to do so in the

future; and has suffered limitations to his activities of daily living.

109. WHEREFORE, Plaintiff Jett Liska, demands judgment against Defendants,

ANDREW SKOMRA, THE FIGHTERS GARAGE LLC, AND KRAV WORKS LLC, jointly

and severally, in the amount of TWO MILLION DOLLARS ($2,000,000.00) in compensatory

damages and, additionally against ANDREW SKOMRA only, punitive damages in the amount

of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00), plus pre- and post-

judgment interest at the legal rage, all taxable costs expended in connection with this action, and

such other relief as this Court deems proper.

COUNT IV:
Battery – Against All Defendants

110. The preceding paragraphs are incorporated by reference as though fully set forth

herein.

111. Plaintiff brings this Count against Defendant Skomra, directly, and against

Defendant Fighters Garage and Defendant Krav Works on theories of vicarious liability.

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112. At all relevant times herein, Mr. Skomra was an agent and/or employee of

Fighters Garage and acting within the scope of his employment/agency.

113. At all relevant times herein, Mr. Skomra was an agent and/or employee of Krav

Works and acting within the scope of his employment/agency.

114. Defendant Skomra’s completion of the “Americana” during the practice grappling

session constituted an intentional and unwanted touching of Mr. Liska without justification,

excuse, or the consent of Mr. Liska.

115. At all relevant times herein, Defendant Skomra was angry at Mr. Liska for besting

him in a previous grappling session despite Mr. Liska’s total inexperience.

116. Defendant Skomra intended to injure Mr. Liska when he completed the

“Americana” submission during their practice grappling session by forcing Mr. Liska’s left arm

backwards, fracturing Mr. Liska’s humerus.

117. Defendant Skomra intentionally ignored Mr. Liska’s desperate attempts to

indicate his submission by vehemently tapping on the ground with his right hand, which

signified that Mr. Liska had withdrawn any consent he may have given (impliedly or otherwise)

to Defendant Skomra to continue the practice grappling session.

118. Defendant Skomra’s intentional forcing of Mr. Liska’s arm backwards directly

and proximately caused a comminuted and displaced fracture of Mr. Liska’s left humerus that

required surgery to repair, as well as pain, suffering, and emotional distress.

119. Mr. Skomra’s actions as aforesaid were willful and wanton, and were undertaken

consciously in disregard of Mr. Liska’s rights, thereby entitling Mr. Liska to punitive damages.

120. Additionally, and/or alternatively, Mr. Skomra’s actions as aforesaid were willful

and wanton, and undertaken with a reckless indifference to the consequences to Mr. Liska, and

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Mr. Skomra, a professed professional martial artist and experienced martial arts instructor

(including, but not limited to, in the art of Jiu-Jitsu), was aware of his conduct and also was

aware, from his knowledge of existing circumstances and conditions (e.g., Mr. Liska’s

inexperience), that his conduct would probably result in injury to Mr. Liska. Accordingly,

Plaintiff is entitled to punitive damages.

121. Additionally, and/or alternatively, Mr. Skomra actions as aforesaid, combined

with the circumstances preceding his injuring Mr. Liska, constituted actual malice, meaning that,

in injuring Mr. Liska, Mr. Skomra had a sinister or corrupt motive such as hatred, personal spite,

ill will, or a desire to injure Mr. Liska. Accordingly, Plaintiff is entitled to punitive damages.

122. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Fighters Garage, Fighters Garage is vicariously

liable for the tortious acts and omissions of Mr. Skomra as set forth above, under principles of

respondeat superior and/or agency.

123. Because at all relevant times herein, Mr. Skomra was acting within the course and

scope of his employment and/or agency with Krav Works, Krav Works is vicariously liable for

the tortious acts and omissions of Mr. Skomra as set forth above, under principles of respondeat

superior and/or agency.

124. As a direct and proximate result of Mr. Skomra’s tortious acts and omissions as

aforesaid, Plaintiff suffered serious and permanent injury, has incurred in the past approximately

$47,855.30 in medical expenses and will incur additional medical expenses in the future; has

suffered pain and suffering and will continue to do so in the future; has suffered mental anguish

and will do so in the future; has suffered disfigurement and associated humiliation and will

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continue to do so in the future; has suffered inconvenience and will continue to do so in the

future; and has suffered limitations to his activities of daily living.

WHEREFORE, Plaintiff Jett Liska, demands judgment against Defendants, ANDREW

SKOMRA, THE FIGHTERS GARAGE LLC, AND KRAV WORKS LLC, jointly and severally,

in the amount of TWO MILLION DOLLARS ($2,000,000.00) in compensatory damages and,

additionally against ANDREW SKOMRA only, punitive damages in the amount of THREE

HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00), with interest thereon including

pre-and-post-judgment interest, costs, and any further relief the Court deems proper.

COUNT V:
Declaratory Judgment (28 U.S.C. § 2201)

125. The preceding paragraphs are incorporated by reference as though fully set forth

herein.

126. This case involves an actual controversy because the facts alleged herein, under

all the circumstances, show that there is a substantial controversy between Plaintiff and

Defendants who have adverse legal interests of sufficient immediacy and reality to warrant the

issuance of declaratory judgment.

127. Upon information and belief, prior to the May 21, 2022, Jiu-Jitsu class at the

Fighters Garage and/or the Krav Works facility located at 132 W. Jefferson St., Falls Church,

VA 22046-3417, Plaintiff signed a document that an agent/employee of Fighters Garage and/or

Krav Works presented to him, containing a provision that purported to release and/or

anticipatorily waive claims (including personal injury claims) attributable to Fighters Garage,

Krav Works, their agents/employees, and/or Mr. Skomra (said provision referred to herein as the

“Release”).

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128. The Release constituted a release from liability for personal injury which may be

caused by future acts of negligence, which the Virginia Supreme Court has found to be

prohibited "'universally."' Heitt v. Lake Barcroft Cmty. Ass 'n, 418 S.E.2d 894, 896 (Va. 1992)

(citing Johnson's Adm 'xv. Richmond and Danville R.R. Co., 11 S.E. 829, 830 (Va. 1890)). In the

Commonwealth of Virginia, such pre-injury release provisions are "prohibited by public policy"

and thus, ''void." Heitt, 418 S.E.2d at 897 (citing Johnson, 11 S.E. at 829).

WHEREFORE, pursuant to 28 U.S.C. § 2201, Plaintiff Jett Liska seeks (1) a declaration

that the Release is null and void as a provision that the public policy of the Commonwealth of

Virginia prohibits; (2) a declaration that, notwithstanding the Release, Plaintiff may proceed

against Defendants Skomra, Fighters Garage, and Krav Works on his claims set forth above in

Counts I-III; and (3) any further relief the Court deems proper.

JURY TRIAL REQUESTED

Plaintiff, by counsel, respectfully requests a trial by jury on all triable issues.

JETT LISKA

B~ L ~
Peter C. Grenie1°(VStf #50997)
GRENIER LAW GROUP PLLC
1920 L Street, NW, Suite 750
Washington, DC 20036-5004
Office: (202) 768-9600
Fax: (202) 768-9604
[email protected]
Counsel for Plaintiff

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