DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

022560P.pdf   03/20/2003  David M. Webber  v.  Brandy L. Sobba
   U.S. Court of Appeals Case No:  02-2560
   Eastern District of Arkansas   
   Civil case - torts. Based on its examination of case law and 
   policy considerations, the court concludes the Arkansas 
   Supreme Court would adopt the position of the Restatement 
   on Torts and would not recognize the joint-enterprise defense 
   in an action between a injured passenger and the driver of 
   the vehicle; as a result, the district court erred in instructing 
   the jury on the defense; the court could not say the error was 
   harmless, and the matter is remanded for a new trial