Tribe v. Peterson

964 P.2d 1238, 1998 Wyo. LEXIS 129, 1998 WL 557164
CourtWyoming Supreme Court
DecidedSeptember 3, 1998
DocketNo. 97-151
StatusPublished
Cited by1 cases

This text of 964 P.2d 1238 (Tribe v. Peterson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tribe v. Peterson, 964 P.2d 1238, 1998 Wyo. LEXIS 129, 1998 WL 557164 (Wyo. 1998).

Opinion

TAYLOR, Justice.

Appellant, Steve Tribe, purchased his first horse, Moccasin Badger, from appellees, Mr. and Mrs. Peterson. Asserting that the sellers had expressly guaranteed that the horse would never buck, Mr. Tribe brought suit against the Petersons for breach of warranty when Moccasin Badger unceremoniously ejected Mr. Tribe from the saddle, shattering his left wrist. After the district court denied Mr. Tribe’s motion for summary judgment on the issue of express warranty, the subsequent trial resulted in the jury’s rejection of Mr. Tribe’s claims and a “no buck” verdict. Mr. Tribe then moved for judgment as a matter of law, or in the alternative, a new trial. Both motions were denied. Finding that the jury acted reasonably, we affirm.

I. ISSUES

The parties identify two issues for review:

[1240]*12401. Whether the district court erred as a matter of law by denying appellant’s motion for summary judgment against appellees on the issue of express warranty.

2. Whether the district court abused its discretion by denying appellant’s motion for judgment as a matter of law, or in the alternative, a new trial on the issues of express warranty and negligent misrepresentation.

II. FACTS

The known history of Moccasin Badger (Badger) begins with his purchase in August 1994 by Larry Painter, a rancher who had bought and sold horses “[a]ll [his] life.” When Mr. Painter bought and owned Badger, the horse was “plumb gentle * * Mr. Painter brought Badger to his Uncle Oliver’s in Rapid City, South Dakota in January 1995, describing him at that time: “Well, he was real gentle. And as far as we was concerned, anybody could ride him that had any experience at all riding.” Oliver Painter was not called as a witness at trial, but the parties read into the record the following stipulation:

Rather than calling Oliver Painter to testify, the parties have stipulated that if he did testify, he would testify that this horse, Moccasin Badger, was calm and gentle while he was around him. He did not have any experiences where he bucked.

In February 1995, Oliver Painter advertised the sale of Badger, and the Petersons responded. After Mrs. Peterson rode Badger and found him to be very calm and gentle, and a second visit revealed the same disposition, they purchased him for $2,200.00. During the first month the Petersons owned Badger, they rode him “two to three times a week.” “[N]eeding a little money,” the Pe-tersons decided to sell Badger at the “Leo Perino sale,” which attracts buyers from all over the world.

To ensure that Badger was sound and ready for sale, the Petersons twice brought Badger to Dr. Margie Jones, a board certified horse veterinarian from Sturgis, South Dakota, and Mr. Peterson trained Badger every day for a month prior to the sale. Dr. Jones testified that she found Badger to be “sound,” and after performing an extensive physical examination and riding Badger, she concluded that Badger “was gentle and kind and he did what I asked him to.”

The Leo Perino sale was held in Newcastle, Wyoming on June 3, 1995. Mr. Tribe and his wife attended the sale, accompanied by Steve Stoddard. The Tribes had moved to Wyoming in 1993 after selling Mr. Tribe’s car dealership in northern California and purchasing a 12,000 acre ranch near Colony, Wyoming. The Tribes leased all but 400 acres to Mr. Stoddard, who they asked to assist them in recommending a place to purchase a horse which would be gentle enough for very inexperienced riders. Mr. Stoddard recommended the Leo Perino sale because it had an excellent reputation.

Badger’s description in the sale brochure represented him as a “quiet * * ⅜ and extra gentle gelding * * * easy to catch, haul and shoe,” and “overly kind which makes him a definite kids prospect * ⅜ Mr. Stoddard initially noticed Badger while Mr. Peterson was roping with Badger in the arena. Mr. Stoddai’d spoke with Mr. Peterson, and Mr. Peterson told him that Badger “was five years old and that he was really gentle.” Later, Mr. Stoddard approached the Peter-sons to get a better look at Badger, at which time Mr. Stoddard and Mrs. Tribe rode Badger. Mr. Stoddard found the horse to be “very gentle and very well-broke to ride.” According to Mr. Stoddard, he asked Mr. Peterson if the horse “had any buck in him” to which Mr. Peterson responded, “No.” Mr. Peterson told Mr. Stoddard that the horse had never bucked with him or any of its previous owners. The testimony conflicts, however, as to whether Mr. Peterson “guaranteed” the horse would never buck in the future. Mr. Stoddard stated he got a “guarantee” from both Petersons, while the Peter-sons denied they made such a guarantee, insisting it would be impossible to guarantee that any horse would not buck in the future.

Nonetheless, Mr. Tribe purchased Badger on his belief that he had been guaranteed that this horse would never buck. Upon returning to the ranch, Mrs. Tribe rode Badger without incident. The third time Mrs. Tribe rode Badger, however, she was thrown. Ten days later, after riding Badger, [1241]*1241Mrs. Tribe asked Mr. Tribe if he wanted to ride. When he said he did, she resaddled the horse. Mr. Tribe got on the horse, and almost immediately was thrown to the ground, shattering his left wrist. Some time later, Mr. Tribe contacted the Petersons to inform them of the injury, tape recording one conversation with Mr. Peterson.

Mr. Tribe brought this lawsuit, alleging that the Petersons breached an express warranty that Badger would never buck, and that they negligently and fraudulently misrepresented Badger’s nature. Mr. Tribe filed a motion for summary judgment asserting an express guarantee as a matter of law, which motion was denied by the district court. After a three-day trial to the jury, the jury rejected Mr. Tribe’s allegations and found for the Petersons on all claims. Mr. Tribe then moved for judgment as a matter of law, or in the alternative, for a new trial. The district court denied these motions, and this timely appeal followed.

III. STANDARD OF REVIEW

Mr. Tribe requests that we review the district court’s denial of his motion for summary judgment. The denial of summary judgment may not be reviewed on appeal following trial on the merits. Cargill, Inc. v. Mountain Cement Co., 891 P.2d 57, 61 (Wyo.1995). The proper procedural mechanism for challenging an adverse judgment, following a trial on the merits, is a motion for judgment as a matter of law. Id.

A decision to grant or deny a motion for judgment as a matter of law is reviewed de novo. Id. at 62. We review the evidence in the light most favorable to the non-moving party, affording every reasonable inference to be drawn therefrom, to determine whether the jury’s verdict is contrary to the only conclusion which may reasonably be reached from the facts presented. Judgment as a matter of law should be granted cautiously and sparingly. Id.

IV. DISCUSSION

Mr. Tribe contends that, as a matter of law, the written description in the sale brochure and verbal representations of the Petersons created an express warranty that Badger was a calm and gentle horse which would never buck.

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