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

Nos. 04-1022, 04-1023.

433 F.3d 703 (2005)

Ricky Eugene CLARK, on behalf of himself and all others similarly situated, Plaintiff-Appellee/Cross-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 2005.

Attorney(s) appearing for the Case

Michael S. McCarthy, (Mark W. Fischer and Marie E. Williams, with him on the briefs), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellant/Cross-Appellee.

Robert B. Carey, (L. Dan Rector and Leif Garrison, The Carey Law Firm, Colorado Springs, CO; Steve W. Berman, Hagens Berman, LLP, Seattle, WA; Walter H. Sargent, Colorado Springs, CO, with him on the briefs) The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellee/Cross-Appellant.

Before HENRY, HOLLOWAY, and O'BRIEN, Circuit Judges.

HENRY, Circuit Judge.

On July 18, 1996, an automobile insured by State Farm Mutual Automobile Insurance Company ("State Farm") struck Ricky Eugene Clark, a pedestrian. Mr. Clark filed a class-action suit against State Farm to collect extended personal injury protection ("PIP") benefits under the Colorado Auto Accident Reparations Act ("CAARA"). See COLO.REV.STAT. §§ 10-4-701 to 10-4-726 (2002).1 He alleged that the driver...

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