043233P.pdf   08/30/2005  Robert Reimer  v.  City of Crookston
   U.S. Court of Appeals Case No:  04-3233
   District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Heaney and Gruender, Circuit 
   Judges] 
   Civil case - Torts. The facts before the jury, as well as Minnesota law 
   regarding joint enterprise liability supported the instruction covering joint 
   enterprise liability requested by plaintiffs, and the district court erred in 
   refusing the instruction; since the existence of a joint enterprise to 
   operate the swimming pool involved in plaintiff's injury is not genuinely in 
   dispute, the case does not need to be remanded for a jury finding under 
   plaintiffs' requested instruction; rather, the court holds as a matter of law 
   that a joint enterprise existed and that the School District and the City, as 
   members of that joint enterprise, bear joint responsibility for the damages 
   allocated by the jury to the School District; the liability caps to be 
   applied in the case should be the respective liability caps of each of the 
   underlying principals, and plaintiffs should be able to recover two 
   statutory liability caps, one from the city and one from the school; case 
   remanded with directions to enter judgment against the City for the 
   amount of its liability cap.