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Civil Procedure Keyed to Rowe
Webber v. Sobba
Citation:322 F.3d 1032 (8th Cir. 2003)
Webber (Plaintiff) was a passenger in a car that Sobba (Defendant) was driving. The car crashed, and Webber suffered injuries. Webber sued Sobba for negligence in Arkansas state court. As the case was preparing for trial, Webber nonsuited and his case was dismissed without prejudice. He then refiled the action in Arkansas federal district court, under diversity jurisdiction. Sobba asserted a joint-enterprise defense, which the district court held was permitted based on applicable Arkansas state law precedent. Then, the jury decided the case for Sobba, but it was not clear on what ground it based its verdict.
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