Carr v. Korkow Rodeos

788 F.2d 485
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 7, 1986
DocketNos. 85-5080, 85-5121
StatusPublished
Cited by5 cases

This text of 788 F.2d 485 (Carr v. Korkow Rodeos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. Korkow Rodeos, 788 F.2d 485 (8th Cir. 1986).

Opinion

LAY, Chief Judge.

This diversity case arises from a jury verdict of $1,250,000 in favor of Glen Carr, who became a paraplegic at age sixteen from injuries sustained in a 4-H rodeo competition. Carr appeals the district court’s1 application of South Dakota’s Contribution Among Joint Tortfeasors Act, S.D.Codified Laws Ann. §§ 15-8-11 to 15-8-22 (1984), to apportion the verdict equally among six defendants who settled with Carr before [486]*486trial and three who were found liable by the jury. The result was to reduce the amount of the jury verdict by two-thirds to $416,250. The three judgment defendants cross-appeal on several grounds, claiming inter alia that there was insufficient evidence to support the jury’s verdict of negligence and that the weight of evidence at trial established affirmative defenses relieving them of liability for Carr’s injuries. We affirm the district court’s entry of judgment on the jury verdict as to the judgment defendants’ negligence liability. We vacate, however, the district court’s judgment interpreting South Dakota law to require a pro rata damage apportionment and direct that the district court instead deduct pro tanto from the awarded damages the amount paid to Carr by the six settling parties.

Background

On August 23, 1980, Carr suffered severe back injuries which resulted in paraplegia when the horse he was riding landed on top of him while he competed in a bareback bronc riding event at the 1980 South Dakota 4-H Finals Rodeo. Seeking damages for his injuries, Carr sued thirteen individuals,2 two of whom were dismissed before trial. Six of the defendants settled before trial, collectively paying Carr $125,-500 and executing separate but nearly identical settlement agreements. At trial, two of the remaining five defendants were found not liable and the other three (collectively referred to hereafter as “Korkow”) were found negligent by the jury, which awarded Carr $1,250,000 in damages. Cross-claims brought by the Korkow defendants against the settling defendants were voluntarily dismissed before trial. The jury’s general verdict did not apportion liability among the Korkow defendants nor as between the Korkow and the settling defendants. The district court, which had earlier denied Korkow’s motion for a directed verdict, entered judgment against the Korkow defendants and denied Korkow’s motions for judgment n.o.v. or a new trial.

The district court then, upon Korkow’s motion, interpreted the settlement agreement provisions under South Dakota law to require that the jury’s damage award be allocated pro rata equally among the nine settling and judgment defendants and that the two-thirds portion thus attributable to the settling defendants should be deducted from the awarded damages for a final assessment against the Korkow defendants of $416,250.3 The district court rejected Carr’s argument that South Dakota law directs that the verdict should have been reduced pro tanto by the $125,500 Carr had received in settlement, for a final judgment against the Korkow defendants of $1,124,-250. Carr appeals the district court’s pro rata reduction of the jury verdict; the Kor-kow defendants cross-appeal the district court’s denial of their motions for a directed verdict, judgment n.o.v., or a new trial.

Discussion

Denial of motions for directed verdict, judgment n.o.v., or new trial.

We turn first to the Korkow defendants’ claims on cross-appeal that the trial court erred in denying their motions for a directed verdict, judgment n.o.v., or new trial. After reviewing the record and the parties’ arguments, we conclude that there was sufficient evidence presented at trial to sustain both the jury’s negligence findings and its determination that the Korkow defendants had not as a matter of law proved their alleged affirmative defenses, including assumption of risk, contributory negligence, and waiver of liability. The jury had before it ample evidence that the judgment defendants inadequately supervised the rodeo and supplied unsuitable riding stock. There was evidence that Carr was ordered to “hurry up” and to commence his ride although the horse was in an unstable position before its release from the chute. Evidence also existed that the release form on which Carr’s alleged waiver of liability was premised provided only for a release of [487]*487liability by the rider’s parents, not by the rider.

Although it is true that evidence to the contrary exists in the record, in considering the sufficiency of the evidence to support the jury’s findings, all reasonable inferences fairly deducible from the facts proven by the plaintiff must be drawn in Carr’s favor as the non-moving party. Sprynczynatyk v. General Motors Corp., 771 F.2d 1112, 1125 (8th Cir.1985), SNCO Barge Lines, Inc. v. Anderson Clayton & Co., 745 F.2d 1188, 1192 (8th Cir.1984). Given this narrow standard of review, we hold that there was sufficient evidence from which the jury could find that the defendants acted in a negligent manner proximately causing Carr’s injury and that there was sufficient evidence for the jury to determine that recovery of damages for his injuries was not barred by an assumption of the risk of injury, waiver of liability, or contributory negligence. Based on this evidence, the district court did not err in denying Korkow’s motions for a directed verdict, judgment n.o.v., or new trial. The district court’s entry of judgment on the jury verdict relating to the liability of the Korkow defendants is affirmed.4

Apportionment of Damages

We turn now to Carr’s appeal, which raises the question whether the district court erred in its application of South Dakota law to interpret the releases executed by the settling defendants as requiring a pro rata reduction of the jury award. We recognize that in diversity actions raising questions of local law, deference should be accorded the trial judges’ decisions. We are not, however, inflexibly bound by a district court’s interpretation of state law, since to be so bound would be an abdication of our appellate responsibilities. We must, therefore, reverse when our analysis demonstrates an erroneous application of state law by the district court. See Shidler v. All American Life & Financial Corp., 775 F.2d 917, 920 (8th Cir.1985); Luke v. American Family Mutual Insurance Co., 476 F.2d 1015, 1019-20 (8th Cir.1972), cert. denied, 414 U.S. 856, 94 S.Ct. 158, 38 L.Ed.2d 105 (1973).

The release executed by the settling parties provides, in pertinent part:

This Release is given under, pursuant to and consistent with the South Dakota Uniform Contribution Among Tort-feasors Law, SDCL 15-8-11 through 22.

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Bluebook (online)
788 F.2d 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-korkow-rodeos-ca8-1986.