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WAGNER v. LIVE NATION MOTOR SPORTS, INC.

Nos. 07-3365, 07-3366.

586 F.3d 1237 (2009)

Arthur C. WAGNER, Jr., Individually and for the benefit of Jean Marie Wagner, Plaintiff-Appellee/Cross-Appellant, v. LIVE NATION MOTOR SPORTS, INC., formerly known as SFX Motor Sports, Inc., doing business as Clear Channel Entertainment-Motor Sports, Defendant-Appellant/Cross-Appellee, and Heartland Park Raceway, LLC, Defendant.

United States Court of Appeals, Tenth Circuit.

November 13, 2009.

Attorney(s) appearing for the Case

Paul M. Croker (Richmond M. Enochs and James L. (Jay) MowBray, on the briefs), Overland Park, KS, for Appellant/Cross-Appellee.

David R. Cooper (Larry G. Pepperdine and Steve R. Fabert with him on the briefs), Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, KS, for Appellee/Cross-Appellant.

Before KELLY, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 ("SFX"), appeals the district court's denial of its post-trial motion for judgment as a matter of law ("JMOL"). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. ("Wagner"), crashed and was seriously injured. Wagner cross-appeals...

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