David M. Webber, Plaintiff - Appellant, v. Brandy L. Sobba, Defendant - Appellee, State Auto National Insurance Company, Defendant., 322 F.3d 1032

Summary

The passenger and a friend purchased several cases of beer and wine coolers in Missouri and drank the alcohol as they drove back to Arkansas. In Arkansas, the passenger asked the driver, who had been his girlfriend, to join them and the three continued to drink and drive around town. The passenger then went to his sister's house to talk with her. After he was done, he told the driver to take a back road to avoid the police. As they went down the road, the driver alleged that the passenger attempted to kiss and touch her. The driver asserted that while she was pushing the passenger away, the car left the road and hit a bridge abutment. The court of appeals found that it did not believe that the law in Arkansas would permit the driver to escape liability solely on the grounds that if the driver and the passenger were engaged in a joint enterprise, the driver's negligence should be imputed to the passenger. Furthermore, the joint enterprise defense was unnecessary because the doctrine of ...