Barba v. State Farm Mutual Automobile Insurance Co‪.‬

Opinion by JUDGE PLANK Plaintiff, Carol Barba (Barba), filed suit against defendant, State Farm Mutual Automobile Insurance
Company (State Farm), seeking a declaratory judgment that, under her automobile insurance policy issued by State Farm, she
was entitled to uninsured motorist coverage for injuries she suffered when her automobile was involved in a one-car accident.
After a trial to the court, judgment was entered in favor of State Farm. We affirm. The trial court made the following findings of fact, supported by the record, and conclusions of law. On May 22, 1982, an
automobile owned by Barba and insured by State Farm ran into a home located in southeast Denver. No other automobile was involved
in the accident. Barba was the passenger in the automobile. The identity of the driver was not known to Barba or otherwise
proved at trial. Barba testified that she could not name the driver because she suffered amnesia as a result of injuries from
the accident. State Farm suggested that Barba had spent the evening socializing at a Glendale restaurant and bar and was too
inebriated to identify the driver. Although the court made no finding on this issue, it found that there was no evidence as
to whether the driver was an insured or uninsured motorist.