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

Nos. 11-6174, 11-6186.

692 F.3d 1117 (2012)

James BANNISTER, Plaintiff-Appellant/Cross-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Jacob L. Rowe , ( Jim Buxton of Buxton Law Group, and Billy Coyle , with him on the briefs), Oklahoma City, OK, for Plaintiff-Appellant/Cross-Appellee.

Reid E. Robison of McAfee & Taft, P.C., ( Mark D. Spencer , Michael K. Avery , McAfee & Taft, P.C., and Daniel C. Andrews , Jones, Andrews & Oritz, P.C., of Counsel, with him on the briefs), Oklahoma City, OK, for Defendant-Appellee/Cross-Appellant.

Before TYMKOVICH, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff James Bannister was injured in a motorcycle accident on the freeway near Oklahoma City in 2009. According to Bannister, he was forced to lay down and slide his motorcycle at a high speed when a car in front of him braked suddenly, that car having been cut off by another car. Bannister slammed into the wall of the freeway and suffered substantial injuries. He did not collide with any other vehicle; neither of the aforementioned cars remained...

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