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Wagner v. Live Nation Motor Sports, Inc.

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Before KELLY, EBEL, and MURPHY, Circuit Judges.

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.*fn1 (“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, arguing that the district court erred in reducing his damages award pursuant to Kansas’s statutory cap on non-economic damages in personal injury actions. Exercising appellate jurisdiction under 28 U.S.C. § 1291, we REVERSE the denial of SFX’s motion for JMOL and DISMISS Wagner’s cross-appeal as moot.

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