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

No. 13-1446.

784 F.3d 730 (2015)

Roberta FOLKS, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 28, 2015.

Attorney(s) appearing for the Case

John M. DeStefano, Hagens Berman Sobol Shapiro, LLP, Phoenix, AZ, ( Robert B. Carey, Hagens Berman Sobol Shapiro, LLP, Phoenix, AZ; and Leif Garrison, Hagens Berman Sobol Shapiro, LLP, Colorado Springs, CO, with him on the briefs), appearing for Appellant.

Marie E. Williams ( Michael S. McCarthy and Jennifer K. Harrison, with her on the briefs), Faegre Baker Daniels LLP, Denver, CO, appearing for Appellee.

Before MATHESON, SEYMOUR, and McHUGH, Circuit Judges.

On April 4, 1998, a driver hit pedestrian Roberta Folks with the side mirror of his vehicle and injured her. State Farm, the driver's insurer, informed Ms. Folks she could receive basic personal injury protection ("PIP") benefits under the driver's policy. She received $104,000 in medical expenses and essential services...

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