United States of America, Third-party-plaintiff-appellee, v. State of Nevada, Third-party-defendant-appellant, 87 F.3d 1325 (9th Cir. 1996)

MEMORANDUM^** 

The district court didn't clearly err in finding Nevada negligent, as there was evidence that it knew there was a gravel-erosion problem despite the drain, but failed to correct it, S.E.R. 28; E.R. 113-14. See Barnett v. Sea Land Service, Inc., 875 F.2d 741, 745 (9th Cir. 1989) (district court's finding of negligence reviewed for clear error).

Paragraph 15 of the lease does not exculpate Nevada from liability for its own negligence. That paragraph must be read together with paragraph 14 to avoid rendering paragraph 14 superfluous. See Brinderson-Newberg v. Pacific Erectors, 971 F.2d 272, 278-279 (9th Cir. 1992), cert. denied, 507 U.S. 914 (1993). So read, the paragraphs provide only that the United States will indemnify Nevada for negligent acts of post office employees (paragraph 14) that occur during the existence of the lease (paragraph 15). E.R. 51-52.

The negligence of the United States was not an intervening cause, superseding Nevada's negligence, as it was foreseeable the United States would negligently fail to clean up the eroded gravel. See Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220, 1221 (Nev.1981).

AFFIRMED.