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STATE FARM MUT. AUTO. INS. CO. v. BARTH

No. 90-4.

579 So.2d 154 (1991)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Claudia BARTH, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 30, 1991.

Attorney(s) appearing for the Case

Steven C. Davis, Naomi R. Boyle and David P. Rhodes of Haas, Boehm, Brown, Rigdon & Seacrest, P.A., Tampa, for appellant.

C. Clyde Atkins, Jr., Ocala, for appellee.

ANTOON, J., II, Associate Judge.

On the afternoon of November 3, 1987, Claudia Barth dropped her son off at a shopping mall in Ocala. While she awaited his return she remained in the driver's seat and read. An unknown man opened the passenger's door, got into the front seat and said, "Drive, bitch." When Barth refused to drive, the man grabbed her, forced her between the seats and repeatedly beat her on the head and neck. She struggled free and fell out the driver...

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