Wagner v. Live Nation Motor Sports, Inc., 07-3365

In a tort action arising out of a motorcycle crash, denial of defendant's post-trial motion for judgment as a matter of law is reversed where: 1) a plaintiff may not establish wanton conduct by satisfying the notice or knowledge element of the tort as to one risk -- e.g., a broad generalized risk -- and the second element of indifference of that risk to a differently defined risk -- e.g., the specific risk that caused the accident at issue; and 2) even if plaintiff had put on evidence that defendant knew that a certain part of the motorcycle race at issue was dangerous, plaintiff did not show that defendant was "completely indifferent" to that danger.

Read Wagner v. Live Nation Motor Sports, Inc., 07-3365

Appellate Information

Filed November 13, 2009

Judges

For Appellant:

Paul M. Croker and Richard M. Enochs, Overland Park, KS

For Appellee:

David R. Cooper, Larry G. Pepperdine and Steve R. Fabert, Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, KS