Wagner v. Live Nation Motor Sports, Inc.
Wagner v....(U.S. 10th Cir., Injury And Tort Law, Sports Law, Transportation) 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 151- and the second element of indifference of that risk to a differently defined risk 151- 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.
