Cash, Krugler & Fredericks

Andrew Cash Presents at Georgia Trial Lawyer Association’s CLE

Andrew Cash recently spoke at a CLE held by the Georgia Trial Lawyers Association.  His presentation explained identifying and maximizing the damages in brain injury cases.

Class Action Lawsuits

 

Class action lawsuits are civil lawsuits filed by a group of people who experienced the same or similar injuries following the use of a product or service. Usually filed based on the theory of negligence, initially the lawsuit is filed by an individual who then seeks certification to add other members to the class. From the point of view of the person or company defending the lawsuit, there are economies of scale of combining plaintiffs to make the movement of the case through the civil trial process more efficient and less time consuming.

Class action lawsuits are often found in the following product categories:

  • Automobiles,
  • Consumer products,
  • Drugs,
  • Employee rights – like whistleblower lawsuits and wage and hour lawsuits, and medical devices.

What is a Class Action Lawsuit?

A group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names used to describe a class action lawsuit include mass tort litigation or multi-district litigation. A class action lawsuit is a civil lawsuit brought by one person or a few people on behalf of a larger group of people who have suffered similar harm or have a similar claim.

Obtaining Class Certification

Just because people suffered common injury does not mean that their class can be legally certified. Judges review class characteristics to determine if the class designation is appropriate. Among the criteria examined are numericity, commonality, typicality, and adequacy.

How Potential Class Members are Notified

Once the Court certifies the class, the Court then orders that the class of people injured be notified of the lawsuit. Notification is done by mail, internet, or media advertising or solicitation. Inclusion in the class is automatic unless the person opts-out of the class.

How Recovery is Divided

If the case is successful, the Court decides the rules for the division of recoverable damages based on the personal injury or economic injury suffered by the class members. The attorneys are awarded fees and court costs and the balance is divided among class members.

Examples of Open Products Class Action Lawsuits

Current, open class action lawsuits involve the use of the following products:

  • Cast Iron Pipes
  • Hernia Mesh
  • Invokana
  • IVC Filters
  • Mesothelioma
  • Risperdal
  • Stryker Hip Implants
  • Takata Airbags
  • Talcum Powder

Injured by a Product or Service? Call Atlanta’s Class Action Lawsuits Lawyers

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to personal injuries and economic loss, you have a right to seek compensation. Cash, Krugler & Fredericks specializes in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, consumer protection lawsuits, class action lawsuits, defective products, and premise liability matters. Contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

Restaurant Liability for Dangerous Conditions

 

Dangerous conditions can make a business unsafe for people who visit the business. In a restaurant, slippery floors due to uncleaned spills and failure to post signs of a dangerous walkway, hallway, or room, for example are common scenarios that can lead to grave injury and even death of restaurant patrons. The following post will discuss restaurant liability for dangerous conditions that lead to serious injury of patrons.

Sun Dial Accident

A little over a week ago, a 5-year-old child died after getting his head stuck between a rotating floor and wall at a popular Atlanta restaurant. The child wandered away from his parents and got stuck between the floor and wall, suffering severe head injuries, that led to his death. The restaurant, Sun Dial is a popular attraction because the cocktail lounge, observation deck, and restaurant rotate providing restaurant patrons with a 360-degree view of Atlanta.

Premises Liability Law in Georgia

Premises liability is a category of law that focuses on situations in which someone is injured or killed while they are on or near property owned or controlled by another person. Unmarked hazardous areas create dangerous conditions that can make a home, business, or land unsafe for persons who visit such premises.

A premises liability lawsuit can be brought against a homeowner, landlord, retailer, business, franchise, property manager, or government entity that negligently failed to keep its premises reasonably safe for use by a tenant, customer, patron, or other invitee and warn them of a dangerous condition. In cases involving government buildings, any member of the public is an invitee.

Examples of Dangerous Conditions

The following is a list of dangerous conditions often encountered in homes, business, land plots, or public buildings that lead to serious injuries.

  • Bad lighting or burnout bulbs
  • Broken smoke detectors
  • Broken stairs or handrail
  • Building code violations
  • Contaminated water
  • Cracked or uneven sidewalks
  • Dangerous animals
  • Falling merchandise
  • Inadequate security
  • Malfunctioning elevators
  • Poor maintenance or disrepair
  • Slippery floors
  • Swimming pools
  • Unmarked steps

Duty of Care

A Georgia property owner is required to exercise reasonable care and to keep property reasonably safe for any invitee while they are approaching, exiting, or present on the premises. An invitee is anyone who lawfully uses or comes on the premises at the express or implied invitation of the property or business owner.

Injured in a Restaurant or other Premises or Business? Call Cash, Krugler & Fredericks

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

Moldy Bed Sheets in Hospitals, Nursing Homes, and Hotels

Mold affects both the home and the people inside the home. The structural integrity of the home or building is compromised when mold festers and spreads. The health of the people and pets that live or inhabit the home or dwelling is also compromised by mold. What happens, however, when the mold is on bed linens? Bed sheets in hospitals, nursing homes, and hotels grow mold that can infect people, especially those with compromised immune systems, cause serious illness, and even lead to death.

Pittsburgh Hospital Bed Linens Fatal Outbreak

In October 2014, five mold related deaths occurred in Pittsburgh at two area hospitals. The cause of the patients’ deaths is believed to be a fungal infection spread through moldy sheets from the hospitals’ linen launderer, an entity separate from the hospital. As a result of the five deaths, the Pittsburgh hospitals commissioned a private investigator who found evidence of mold in the laundry facility. The families of the deceased people are now suing the hospital and launderer for negligence and wrongful death.

Toxic Mold Facts

The health effects of mold exposure depend on the type of mold and the person exposed. Individuals with compromised immune systems, like infants, the elderly, and cancer patients tend to develop serious complications from mold exposure, up to and including death.

How is Mold Transmitted?

Via skin contact, ingestion, or inhalation.

What are Symptoms of Mold Exposure?

Allergic reactions, infections, poisonous effects, rash, and cold-like symptoms.

Types of Mold

There are many strands of mold. All mold grows naturally in shady and wet places. The most dangerous molds to humans are stachybotrys, aspergillus, and penicillium.

  • Aspergillus: Mold grows in lungs and sinuses, leading to permanent lung damage and death if untreated. Other strands of aspergillus mold affect cellular function, the liver, and the kidneys.
  • Penicillium: Not to be confused with the penicillium that acts like an antibody, this type of mold affects the liver, kidneys, and the nervous system.
  • Stachybotrys: This type of fungus produces rashes, inflammation and hemorrhaging of the lung, and suppression of the immune system.

For more information about toxic mold, visit the website of the U.S. Centers for Disease Control and Prevention.

Have You Been Infected by Moldy Bed Sheets in Hospitals, Nursing Homes, or Hotels? Contact Cash, Krugler & Fredericks

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

Escalator, Elevator, and Moving Walkway Accidents

 

Escalators, elevators, and moving walkways help move large quantities of people from place to place, helping keep crowds flowing and moving towards another floor or exit. Found in shopping centers, airports, railway stations, subway stations, and commercial buildings, escalators, elevators, and moving walkways can be found both inside and outside of these commercial centers.

Like any mechanical device, however, these escalators, elevators, and moving walkways must be routinely serviced and maintained to ensure the safety of riders. Failure to maintain and service these items may result in death or serious injury to the riders.

U.S. Escalator and Elevator Statistics

According to the National Institute for Occupational Safety and Health (NIOSH), 30 people die and 17,000 people are injured each year from elevator or escalator accidents. 90% of the deaths and 60% of the serious injuries occur when the elevators malfunction. Half of the deaths, however, involve workers at or near the elevator or escalator who either get caught between moving parts or platform of the elevator or escalator, or are struck by the elevator or counterweight.

Hong Kong Escalator Accidents

In late March, 18 people were injured in a Hong Kong shopping mall when an escalator suddenly reversed direction and increased speed. The riders lost their balance and fell from the jolt. At least one person suffered a head injury. The possible cause of the escalator accident was the anti-reversal gear and auxiliary safety gear. In a strange twist, the escalator mechanics were arrested after the accident because they had tampered with the machinery. Witnesses report that the speed of the escalator doubled after reversal causing the people on it to fall and pileup at the bottom of the escalator. The mall, a 15-story structure with close to 200 stores, receives 200,000 visitors daily.

Two other escalator accidents were reported in Hong Kong following the mall accident. This time the escalators were in subway stations. In the first accident, riders reported smoke. Firefighters extinguished the fire and believe it was caused by dust that caught fire while welding work was being performed near the elevator. The second accident also involved smoke and a small fire. The fire is believed to have been caused by overheated hydraulic fluid.

All three accidents from Hong Kong show the importance of maintenance of the escalators. While the subway accidents did not injure any of the riders, the mall incident injured 18 people, one quite seriously.

Injured in an Elevator, Escalator or Moving Walkway Accident? Call Cash, Krugler & Fredericks

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator, escalator, and walkways accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

Who is Liable for Injuries from Elevator Accidents in Condominiums?

Elevators are a common feature in commercial and residential buildings. The housing boom of the last decade produced residential condominium complexes with state-of-the-art elevators that could transport many people to units around the complex quickly. Similarly, the housing bust of the last decade left in its aftermath condominium complexes with aging elevators and empty and unsellable units. Because maintenance fees are high, vital maintenance and repair of the common areas, including the elevator, is not occurring.

Condominiums

Condominiums are buildings containing a number of individually owned apartments or houses and shared common areas. The owners of the individual apartments buy their units and may have a mortgage, but they also pay a maintenance charge, usually monthly, for the upkeep and maintenance of the common areas of the condo.

ThyssenKrupp fined $375,000 Following Elevator Accident Injury

A court in Ontario, Canada assessed a $375,000 fine against an elevator manufacturing company because it failed to address a maintenance problem after various written and oral requests from the property manager of a condominium complex after the elevator caused serious injury to a man.

The underlying facts of the accident are as follows. An elevator in a condominium plunged as a man stepped inside it, trapping his foot and causing serious injury to his ankle. The man avoided an even greater injury because he was helped by bystanders in the elevator.

Investigators determined that the accident was caused by a faulty worn main drive sheave – the part that holds the elevator in place. While ThyssenKrupp denied liability, evidence presented at trial showed the elevator manufacturer failed to repair the problem after one of its mechanics and the building manager placed written and verbal maintenance requests.

The Public Should Be Able to Ride an Elevator without Fear of Serious Injury or Death

As the judge in the Canadian case mentioned, riding an elevator is commonplace and riders should enter without fear of being hurt or plunging to their deaths. The duty to repair and keep elevators in good working condition is usually overseen by the department of buildings. Condo owners, who hire a property manager to manage the common areas of the community, are responsible for upkeep and maintenance and therefore liable for elevator accidents if they were aware of a defect and did not take necessary action to repair it or notify riders of a problem.

Injured in an Elevator Accident?

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator and escalator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

See Related Posts:

Another Tragic Elevator Accident

The Danger of Construction and Elevators

Riding an Escalator Can Be Dangerous

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An escalator is a moving staircase, found in buildings and public spaces like airports, shopping centers, and train stations.  Escalators assist in transporting people from one floor to the next with little effort by the rider. Often connecting the ground floor to a plaza or open area, an escalator speeds up the entry and exists in public places in which people need to move about smoothly.

Escalators, because they are electric and have moving parts, must be maintained and regularly serviced to remain in good working order. Failure to maintain an escalator is a safety hazard and may open the property owner or lessee to municipal safety ordinances and liability if someone is injured because of the defective escalator.

Yearly Escalator Related Injuries on the Rise

A study published in the U.S. National Institutes of Health journal, the National Library of Medicine, compiled statistics regarding escalator related injuries and concluded that about 10,000 escalator related injuries occur annually that require emergency room treatment. Among the studies main finding were:

  • Equal amount of men and women injured following an escalator accident.
  • Most escalator related injuries occurred in people older than 60.
  • Women tend to get in accidents on Tuesdays between the hours of 12 PM and 6 PM while men get hurt between 6 PM and 12AM.
  • 62% of all escalator accidents occurred in public transportation facilities, with shopping centers coming in second place.
  • More than half (55%) of the people injured (both sexes) required hospitalization longer than 24 hours.

Escalator Accidents are Serious

Last year a 3-year-old child going down the escalator at a MARTA train station suffered severe injuries to her foot, causing a foot amputation, when her jacket got caught in the escalator and the escalator’s protective guard broke. The child’s foot was swallowed by the escalator and crushed. It took several hours to free the girl. Although the young girl remained conscious throughout the ordeal she was given fentanyl, a pain killer 100 times more powerful than morphine, while she waited to be freed from the escalator.

Suing Public Transportation Agencies

All lawsuits against public transportation agencies must be filed within the requisite statute of limitations period for suing a governmental agency. MARTA or the Metropolitan Atlanta Rapid Transit Authority is a government agency. Children have a longer statute of limitations period than adults.  Contact our attorneys at Cash, Krugler & Fredericks for specific information about your filing period.

Have You Been Injured in an Escalator or Elevator Accident? Contact Atlanta’s Escalator Accident Lawyers Today

The law firm of  Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact  Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

See Related Posts:

Safety Measures Could Have Prevented Elevator Tragedy

Talcum Powder Lawsuits

Several class action lawsuits are underway across the United States to compensate women for ovarian cancer that has been linked to the use of talcum powder, especially if the talcum powder was used in the woman’s genital area. To find out if your ovarian cancer is linked to talcum powder use, contact  the attorneys at Cash, Krugler & Fredericks for an immediate and confidential review and evaluation of your case.

Affected Brands

The talcum powder at issue in the talcum powder class action lawsuits are manufactured by Johnson & Johnson and include the Baby Powder and Shower to Shower products.

Ovarian Cancer Links from Talc Powder

Talc is a mineral made up of magnesium, silicon, oxygen and hydrogen. Found near asbestos, a known and dangerous cancer-causing carcinogen, when talc is collected, it may be contaminated with asbestos.

As far back as 1971, studies have linked ovarian cancer to talc powder use. Women who use talcum powder on their genitals or undergarments, including sanitary pads, are three times as likely to develop ovarian cancer when compared to women who do not use talcum powder.

Despite these continuing studies and findings it was not until 2006 that the International Agency for Research on Cancer (IARC) recognized talc as a possible carcinogen.

Failure to Warn

The government regulatory agencies at the federal and state levels, including the FDA, as well as the manufacturers, with Johnson & Johnson being a worldwide category leader in this product, have been silent about the studies and links to ovarian cancer. No warnings to women to change talcum powder use have been given nor a recommendation to obtain a medical evaluation.

The product label itself, “baby powder,” gives the false impression that the product is safe for babies, and therefore even safer for adults. This systematic failure to discuss and disclose the harmful effects of talcum powder are at the heart of the talcum powder lawsuits. In addition to failure to warn, negligence, wrongful death, and violations of countless consumer protection laws are cited in the talcum powder lawsuits.

Preliminary Lawsuits Against Johnson & Johnson have been Successful

Juries are awarding women injured by talcum powder use compensatory and punitive damages when the cases have been taken before a jury. Verdicts do not guarantee success in future cases but help shine a light on the link of ovarian cancer to talcum powder use by women.

Have You Been Diagnosed with Ovarian Cancer After Using Talcum Powder? Contact Atlanta’s Talcum Powder Lawsuit Lawyers

Atlanta Law Firm Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in class action law suits, auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, the Atlanta Law Firm Cash Krugler & Fredericks is here for you. Contact us to schedule a comprehensive review of your claim or call us at (404) 659-1710.

See Related Posts:

How Dangerous Drugs Reach Georgia Consumers

Nationwide Recall of Potentially Deadly Airbags Expands in Scope

Another Tragic Elevator Accident

On Wednesday, February 1, 2017, a home elevator accident devastated yet another family.  Authorities were called out to a home in the Heights neighborhood of Little Rock, Arkansas, where they discovered two-year-old Fletcher Hartz trapped under the car of a home elevator.  First responders used air bags and the manual crank on the elevator for nearly thirty minutes in order to extricate the child. Tragically, Fletcher Hartz did not survive.  Authorities are investigating how this tragedy occurred.

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Unfortunately, this is far from the first time a small child has been injured or killed in a home elevator accident.  In 2010, a similar tragedy struck the Helvey family in Cumming, Georgia, when their three-year-old son, Jacob, became trapped in their home elevator.  Jacob was found crushed under the car.  While Jacob survived the incident, he sustained a permanent brain injury.

The Helvey family hired Cash, Krugler & Fredericks after Jacob’s injury and we soon began investigating what happened and why.  What we uncovered was shocking.  For decades, the elevator industry has known about an entrapment hazard present in elevators that has been injuring and killing children across the country.  The hazard is particularly dangerous in home elevators that are equipped with accordion doors, where small children can accidentally close themselves between the exterior (hoistway) door and the elevator car door. Once a child enters this space, the child can be crushed or, if a child is small enough, can fall under the elevator car.

The video below shows testing performed by our experts in the Helvey litigation and illustrates this very dangerous problem:

 

This is exactly what happened to Jacob Helvey.  The animation below depicts how Jacob became trapped in the home elevator, and slid under the car:

 

 

This hazard can easily be eliminated through simple design and manufacturing changes, that will prohibit an elevator car from moving if a child is trapped in this space.  In fact, after the Helvey litigation resolved, most residential elevator manufacturers in the country changed the way they design, manufacture and install home elevators to eliminate this hazard.   This includes the use of a light curtain – the same inexpensive and widely available technology that has been used with garage doors for decades.

But what about the thousands of home elevators already installed in homes across the country?  To date, elevator manufacturers have refused to recall these defective and hazardous elevators, despite their knowledge that these elevators pose a risk of serious harm or death to children.

In 2014, Cash, Krugler & Fredericks, in conjunction with The Safety Institute, petitioned the U.S. Consumer Product Safety Commission to initiate mandatory rulemaking for residential elevators and asked the CPSC to force manufacturers to recall and/or repair all dangerous home elevators so another child would not be injured or killed.  A copy of the Petition can be viewed here: http://www.thesafetyinstitute.org/safety-advocates-petition-cpsc-for-mandatory-residential-elevator-standard-citing-numerous-deaths/

Even as that petition was filed, Cash, Krugler & Fredericks was hired by the Nelson family out of Baltimore, Maryland, after their 9-year-old son Jordan was crushed in a home elevator in Myrtle Beach, South Carolina. Jordan also sustained a permanent brain injury and his accident could also have been prevented if a light curtain was present.

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Our efforts on behalf of the Helvey and Nelson families have made a difference.  As noted, the elevator industry has changed the way it designs new home elevators.  In addition, the State of Georgia changed its regulations for new home elevator installations in response to the Helvey case and our efforts.

However, the elevator industry has still refused to recall the thousands of defective elevators that are in homes today.  Until that happens, more tragedies like those suffered by the Helvey and Nelson families will occur and more children will die. Cash, Krugler & Fredericks is dedicated to doing everything we can to force a recall and prevent another family from having to endure this pain.

Our hearts go out to the Hartz family for their unimaginable loss.

See Related Posts:

Safety Measures Could Have Prevented Elevator Tragedy

Going Up? What You Need To Know About the Risk of Home Elevators

The Danger of Construction and Elevators

Do Seat Belts Make Atlanta School Buses Safer?

 

Traditional yellow school bus on the street

On January 20, a breaking news alert was issued on a local morning television program, advising viewers that two people and a child were injured in a school bus crash in Coweta County. The bus crash is believed to have been caused by bus driver error. According to the Georgia State Patrol, the bus failed to yield right of way and crashed into an automobile.

School buses transport area children to schools each morning and return them home every afternoon. Like other vehicles on Atlanta’s roadways, school buses are part of the driving landscape. While the obligation to stop when a school bus is loading and unloading children is widely known, there is no corresponding bright line guide to avoid a crash with a school bus.  

Georgia’s Motor Vehicle Laws

Georgia’s motor vehicle accident laws are found at Title 40 of the Georgia Code and apply to bus accident cases, as well. Among the important provisions are:

  • Time limits for filing is two years from the date of the accident.
  • Georgia is a “fault” state when it comes to auto insurance claims.
  • Recovery is reduced by the percentage of your own liability.

Georgia is a Modified Comparative Negligence State

Once liability for a motor vehicle accident is established, damages are apportioned in relation to the share of fault the person had in causing or avoiding the motor vehicle collision. This means that the recovery amount is reduced by the percentage of fault the injured person had, if any.  

Bus Accident Injuries Can Drastically Change Lives

The National Highway Safety Administration (NHTSA) reports that every year 450,000 public school buses transport 23.5 million students to and from school. Annually six children die following school bus crashes.

Injuries following a bus accident are generally more serious than other types of accidents because buses do not contain safety constraints like automobiles or trucks. Cuts, bruises, broken bones, and lacerations are just some of the possible injuries. Neck and spinal cord injuries are possible if the child is thrown inside the bus or out the window.

Safety Restraints are Not Required in Atlanta School Buses

School buses in Georgia are exempt from child safety restraints, like car seats or lap and seat belts. The National Highway Traffic Safety Administration (NHTSA) however, recommends that students on school buses wear seat belts.

Additional Resources

Has Your Child Been Injured in a School Bus Crash? Contact Atlanta’s Vehicle Accident Lawyers

Atlanta Law Firm Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact the Atlanta Law Firm Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.

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