DAVID M. WEBBER, PLAINTIFF—APPELLANT v. BRANDY L. SOBBA, DEFENDANT—APPELLEE, STATE AUTO NATIONAL INSURANCE COMPANY

BOWMAN, Circuit Judge.

David Webber sued Brandy Sobba for negligence and damages arising out of injuries he sustained in a single-car accident on a rural road in Fulton County, Arkansas, on August 22, 1997. Webber was a passenger in a vehicle driven by Sobba and owned by Holly Bray, another passenger in the car. In response to Webber’s claims, Sobba pleaded the joint-enterprise defense, asserting Webber could not recover from her because they were engaged in a joint enterprise and, therefore, any negli gence on her part would be imputed to Webber. Webber filed a motion for partial summary…