Pierce v. Cook & Co.

After Ted Pierce died and passengers Davis and Ellenwood were injured in a collision, Pierce's widow and Ellenwood sued Cook & Co. (defendant) in federal court (after removal), while Davis dismissed and refiled in state court to preserve state jurisdiction; the federal court granted Cook summary judgment for Pierce and Ellenwood based on an Oklahoma precedent shielding shippers from independent contractors' torts, while the state court case eventually succeeded on appeal in overturning that very precedent, letting Davis settle favorably years later. Pierce and Ellenwood then moved under Rule 60(b) to be relieved of the earlier unfavorable federal judgment.