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This section contains the nature of the case and procedural background.

P and Bray drove in P's pickup truck to a liquor store where P purchased several cases of beer and wine coolers, some of which were put in a cooler. The two drank during their drive back to Salem. P parked his pickup truck, transferred the cooler to Bray's car, and the two then proceeded to drive Bray's car around town. They eventually encountered D, age 18, whom P had previously dated. D joined them, and the three continued to drink and drive around Salem. Eventually, D became the driver. P gave D driving directions because she was unfamiliar with the route. At trial, D testified that while she was driving P began trying to kiss and touch her. D's last recollection before the car left the road and hit a bridge abutment was trying to push P off of her. IP denied making any physical advances. All three suffered serious injuries from the accident. P sued D in Arkansas state court. D pleaded comparative fault and joint enterprise as defenses. After the court empaneled the jury, P nonsuited and his case was dismissed without prejudice. P refiled in the District Court and sought summary judgment on D's joint-enterprise defense, arguing that, under Arkansas law, negligence is not imputed to the passenger in an action between a passenger and a negligent driver. The motion was denied. The District Court denied D's motion for JAML and P's motion for JAML on the joint-enterprise defense. The Court overruled P's objection to the jury instruction on the defense, which stated that the jury should return a verdict in favor of D if they found that P and D were engaged in a joint enterprise. D got the verdict, and P appealed.

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