mold lawsuit settlements florida

Slugg Seed & Fertilizer, Inc. v. Paulsen Lumber, Inc., 214 N.W.2d 413 (Wis. 1974);9 Ryland, 537 S.E.2d at 739.10 Hammond, 482 S.E.2d at 428.11 Finkelstein v. Dept. This practice offers legal representation for clients in the Sarasota, Florida area. Fri: 9:00am-4:00pm, https://calandrolaw.com/wp-content/uploads/2020/10/Calandro-Law-Logo.png, Average Settlement for Toxic Mold Lawsuits in Florida. And this is only the associated legal expense. Neighboring apartment complexes negative-sell the project, advising prospective tenants not to consider moving into the competing project because of the fear that mold may not have been fully eradicated. Calandro Law This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Perhaps it is a byproduct of creative lawyers seeking recovery for clients in a field of progressive science; or perhaps more likely, the proliferation of these suits relates directly to Floridas weather patterns over the last decade. USPAP Standards Rule 1-4(e) states that an appraiser must analyze the effect on value, if any, of the assemblage of the various estates or component parts of a property and refrain from valuing the whole solely by adding together the individual values of the various estates or component parts.12 Conversely, it is inappropriate simply to subtract the cost of remediation from the estimated market value of a property unimpaired in order to reach a conclusion of value for the property in its impaired condition if other factors are also being recognized by the market. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The judgment is one of the largest ever, nationwide, for a single plaintiff in a mold contamination case, McKee said. Despite the treatments provided by Orkin, the house was seasonally plagued by termites for seven years, with the expectation that they would continue to infest the house in every year to come. 866-435-2594. Those companies settled for an undisclosed amount, according to court records. Worse yet, potential purchasers of these investment-grade projects either become nonexistent, or wield the specter of mold like the Sword of Damocles, attempting to leverage the lowest possible purchase price. In May, a South Florida jury awarded $48 million to a tenant who alleged that she had been sickened by mold in her unit. At Harbour House, experts retained by the plaintiffs found mold in 450 of the tower's 452 units. https://averagesettlementcompensation.com. Schedule a free consultation today by calling us at (813) 563-6463 or filling out the form on the right side of the page. Alaska No mold-related cases. These cookies ensure basic functionalities and security features of the website, anonymously. The court stated that in order to recover damages for stigma, the homeowner would need to make a showing that repairing the property would be impractical or would result in economic waste to avoid the application of the exclusive remedy clause, leaving open the possibility that evidence of stigma damages could be properly presented to a jury under the right circumstances.5. 2002) (Mold damage covered despite anti-concurrent causation clause.) Following is a sampling of mold verdicts and settlements over $1 million . Some mold species are harmful to human health and wellness. Automobile & Autonomous Vehicle Liability, CA Tosses Another COVID-19 Coverage Suit, but the Fight Is Not Over, $95 Million, One of the Largest Auto Accident Verdicts in Florida, New Rule on Florida Post-Offer Prejudgment Interest. Jividen was diagnosed with chronic inflammatory response syndrome, an ailment that affects the nervous system, digestive system, muscles, joints and the immune system, her attorney, Robert McKee, told the newspaper. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. George W. (Trey) Tate III is an associate with the law firm of Broad and Cassel. - A Florida jury has awarded a woman $48 million after a leaky roof led to contamination of her apartment by mold, which caused her debilitating illness. These types of suits have arisen from enterprising lawyers seeking recovery for their clients allegedly experiencing health complications attributable to mold exposure. It all started in 2015 when 56-year-old. Horton to pay nearly $14 million to repair 240 condos. In two recent appellate decisions, Georgia courts have explicitly ruled that stigma damages are prohibited. The home builder has spent $77 million to fix shoddy and defective construction repairs at 1,688 houses the Florida Attorney General's Office said were built wrong in the first place. The cookie is used to store the user consent for the cookies in the category "Performance". In our apartment hypothetical, the only way to truly remove the stigma of mold contamination would be to tear down the complex and start over. Those seeking legal help with Mold can reach out to Whittel & Melton, LLC, a local practice representing people in Orlando, Florida. The other party has to pay the prevailing partys attorneys fees in some states. Copyright, 2012-2020, Scott N. Gelfand, P.A. Mold is not poisonous, but some types can produce toxins. Ultimately, management had to vacate the units due to safety concerns from mold and structural failure. In June 2017, Jividen tested for mold on her own, according to court records. Since the start of 2021 the media has been filled with stories regarding mold personal injuries. This award is proof defendants can no longer expect a jury to do what is right and fair. 1996-97, Polk County, FLORIDA$8.9 million settlement paid to 183 court employees (including judges) by 22 defendants responsible for the construction of the Polk County courthouse which became infested with mold growth. October 2008, CALIFORNIAJury awards tenant in a building converted to a hotel just under $1.5 million for improperly remediating numerous water issues in her unit, which lead to mold growth. License our industry-leading legal content to extend your thought leadership and build your brand. Below is a review of recent recoveries in mold cases: April 2009, ARIZONAJury awards tenant $3.3 million against landlord for cognitive & physical injuries from mold. Tenants will not move in at the same pace. scheduling@calandrolaw.com, Mon-Thur: 9:00am-5:00pm What are your rights, who can make a claim for recovery of medical bills and lost wages, and what type of damages can be collected. Contamination concerns can also result in costly real estate transaction delays. Punitive damages are meant to deter similar behavior in the future. For homeowners and renters, settlements avoid the uncertainty of a jury verdict, especially considering the complexity of proving fault. But like other turn of the century phenomenon, mold cases may be coming back. Broward County Courthouse, Florida (2013) Former Florida prosecutor Stefanie Krathen Ginnis, who claimed that mold exposure at the Broward County Courthouse caused severe sinus problems, received a $166,500 settlement from the county (19 current and former county employees have filed suit for mold-related illnesses). A mold problem can occur in many places including the workplace, schools, or homes. LexisNexis and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. People are exposed to mold quite frequently, but in small amounts, and of benign species. Ky. 1998) (holding that Kentucky law requires that there be a physical injury to property before stigma damages can be recovered); Terra-Products, Inc., v. Kraft General Foods, Inc., 653 N.E.2d 89 (Ind. Four Crashes leaving 3 dead in Polk County. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. While some tenants noted water leaking into their units, management and tenants assumed that the problem was related to the windows. There were almost no mold claims prior to 2000 and claim amounts were relatively low. Aspergillus colonization caused the childs death and Plaintiffs allege it was due to exposure to mold in the familys apartment. Mold spores tend to be present almost everywhere in nature. All rights reserved. High-profile jury verdicts resulting in seven or even eight-figure sums have led to an explosion in mold litigations in the years since. Architects are reluctant to prepare remedial plans; higher-end contractors are reluctant to perform the remedial work. We can help if you or a family member has been injured by repeated contact with toxic mold. The second rule is the restoration rule. 2d at 894-5. This jury thought $48,257,922 would be justice for one plaintiff who lived with mold for a year and a half. In 1996, the courts awarded plaintiffs $14 million from a construction company whose faulty construction caused the infestation. 2822 University Pkwy, Sarasota, FL 34243. 2d 921 (Fla. 1995). Over the past few decades, there have been a few very large lawsuits regarding mold. Some ways to bolster damage awards are damage to the property, harassment, and constructive eviction. | Payment Portal At Calandro Law, weve seen our fair share of toxic mold claims and can advise you on what to do next if youve been chronically exposed to toxic mold. The estate of a man who had toxic mold in his apartment received a $250,000 settlement even though his death was from other causes. The defendant can be a hero too. Conclusion Given the ample evidence of the impact that stigma has on a propertys value, it is inequitable to fail to award stigma damages to property owners suffering the stigma of mold damage. In this article we discuss what qualifies as toxic mold, proving liability, and damages that could be recovered due to toxic mold exposure. The company operates in 14 states in the eastern U.S., including Ohio, Delaware . A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to grow in his living room. The approach taken by the Georgia courts for discounting the effect of stigma damages runs contrary to well-established Florida precedent in the eminent domain context, the core of which is the valuation of real estate and damages to market value. Water was not entering through the windows, but instead, through the decorative stucco bands surrounding the windows. This analysis simply is not fraught with the speculation that troubled Georgia courts. Necessary cookies are absolutely essential for the website to function properly. Jurors may now see corporate landlords as the goons squeezing the working-class to collect back rent and other costs while tenants recover from the pandemic. Jividen sued the building owner, ML CASA V, and its management company, ZRS Management. After certificates of occupancy were issued, this luxury garden apartment complex was in high demand in a booming housing market, and quickly reached a rental stabilization rate in excess of 95 percent. Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida. If you or a family member have suffered health problems and/or damage to your property due to the presence of toxic mold in your home or other property, you may have be able to file a lawsuit against anyone whose carelessness or negligence caused or contributed to the problem. of Transportation, 656 So. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. That left the decision up to the jury to decide the amount of compensation, and up to the insurance providers to pay it, the newspaper reported. October 2002, LOUISIANAHomeowners insurance company pays $.984 million settlement to homeowners for property damage and personal injuries. This website uses cookies to improve your experience while you navigate through the website. In other cases, however, notwithstanding remedial measures undertaken by the injured party, there remains a diminution in value of the property. Riverview, FL 33578, Contact 2d at 898. That flawed assumption is the source of the problem. It does not store any personal data. He received a B.A. Vasomotor rhinitis, an allergic nasal condition. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Anger drives Nuclear Verdicts.vi As discussed in my previous article, Landlords and Tigers and Bears Oh My! If the mold infestation is the result of shoddy construction or materials or a failure to install proper ventilation, you may have a legal claim against the builder, general contractor, or one or more subcontractors for negligence (the failure to be reasonably careful). The roof already leaked and had evidence of mold. Co., 788 So. The law does not require damages to be measured by a method requiring such economic waste. The topic was addressed in a recent decision by the Fifth District, Orkin Exterminating Co., Inc., v. Delguidice, 790 So. Reductions in sale prices are also attributed to a number of significant and easily measurable cost changes. i Lynette R. Jividen v. MLCasa V, L.P. d/b/a Mar Lago and ZRS Management LLC., No. 2d 735 (W.D. This is a specialized area of expertise within personal injury law. Her condition is permanent, progressive, and in her lawyers words, horrifically disabling.. However, the company decided not to fight the lawsuit and defaulted, the Sun-Sentinel reported. Less clear, however, is whether the property owner can also recover the diminution in market value that is directly attributed to the stigma. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Lynette Jividen, 56, of Plantation, was awarded the money after a Broward County jury met virtually to deliver the verdict, the Sun-Sentinel reported. 2000), a homeowner sued its contractor for numerous construction defects associated with the construction of the home. 32 (2002)2 United States Steel Corp. v. Benefield, 352 So. Arizona Luristis v. American Family Mut. Although large verdicts for plaintiffs are well-publicized, defense verdicts in mold suits are seldom, if ever, mentioned in the media. Awarding the cost of repair in that instance could create a windfall for the owner, because the owner could simply sell the land and reap the large profit provided by the repair costs. In Florida Light & Power v. Jennings, 518 So. The mold lawsuit settlement examples below will give you a general idea of what to expect: Broward County Courthouse, Florida (2013) Former Florida prosecutor Stefanie Krathen Ginnis, who claimed that mold exposure at the Broward County Courthouse caused severe sinus problems, received a $166,500 settlement from the county (19 current and . 2d 355 (Fla. 4th D.C.A. iii Tyson, Robert Nuclear Verdict Defending Justice for All (2020), page 55. v The defense bar must also challenge the temporal association of mold causing that allegedly cause the plaintiffs injuries. In Marchesseault, the plaintiff contracted to have a foundation built for a house. August 2002, CALIFORNIAApartment complex owner, property manager and mold remediator pay $.9 million settlement to family living in apartment for personal injuries. The court ruled: In many cases the repairs fully correct the defects caused by the contractors breach and the award of damages based on the cost to complete or repair makes the injured party whole. Woman awarded $48 million after getting sick from mold in her apartment https://t.co/bcpA8vFBpE pic.twitter.com/kEcPSg8Y43. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Each person will be affected by mold differently but general symptoms include: If a person experiences any of the symptoms of mold exposure, they should seek immediate medical attention. How many benefit concerts were held? Ins. Unlimited access to Daily Business Review, Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Under the diminution in value rule, the property owner is compensated for the difference in value of the property before and after the injury. 2001) (holding that a repair or replace clause in an insurance contract did not obligate an insurance carrier to compensate the car owner for the diminution in value caused by the market psychology that a vehicle substantially damaged in an accident, even though fixed, is not as valuable as one that has not been in an accident.). She complained to management about leaks and water intrusion, but it was not fixed, the suit alleged. The plaintiff chose to repair the foundation to the greatest extent possible without demolition. In 2003, the courts gave the residents of an apartment complex $25 million due to mold infestations. FORT LAUDERDALE, Fla. A South Florida woman was awarded $48 million after a leaky roof led to mold contamination in her apartment, leaving her with a permanent, debilitating illness, according to court records. Co., 184 F. Supp.2d 960 (D. Ariz 2002 . Why would it be any different where there was no defense attorney to explain what a reasonable number was, take responsibility, or show their client as a hero? See In Re: Paoli Railroad Yard PCB Litigation, 35 F. 3d 717 (3d Cir. For example, the simple presence of mold may or may not result in stigma. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? All of these factors must be evaluated to ensure that an injured property owner is made whole. Like cancer, the degradation occurred from within, and the outward manifestation of the problem came to light too late. Conversely, if a piece of property were damaged in a manner that would cost $10,000 to repair, but would result in a lowered value of $25,000 if left unrepaired, then the court will only award the $10,000 to repair the home, assuming that the repair will restore the owner to the condition they were in prior to the injury. We help you navigate the claims process to insure that you receive all the benefits you deserve. These molds can lead to a range of adverse reactions that are often life-threatening. Learn more about collecting compensation for mold damage. A more equitable approach has been approved in several other jurisdictions.8 In Marchesseault v. Jackson, 611 A.2d 95 (Me. Kroger Sues South Florida Shopping Plaza Alleging Failure to Maintain Premises, Best Western Sued Over Alleged Sex Trafficking in Florida, New Legal Challenges Emerging in a Post-Pandemic World, Without Eyewitnesses of Assault, Attorney Obtains $2M Negligent-Security Settlement, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. In these cases, proving injury and causation can be challenging, but it is needed. In Ryland Group v. Daley, 537 S.E. LOS ANGELES (AP) The family of the late Kobe Bryant has agreed to a $28.5 million settlement with Los Angeles County to resolve the remaining claims in a lawsuit over deputies and firefighters . Contact us for a free consultation! In Hammond, methane gas from a landfill migrated underground and contaminated the water table and soil beneath a homeowners property, making it difficult for her to refinance her property and according to her expert, lowering the value of her property. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. For example, if a vacant piece of land were strip-mined, the cost of returning it to its original condition would be prohibitive, but the decrease in value might be minimal if it was located in an isolated area. Returning to the apartment complex hypothetical, assume that the value of the apartment complex would have been $20 million if there had been no defects and no damage. These are the common symptoms that occur in those who have been diagnosed with toxic mold. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. September 2004, CALIFORNIA$8.4 million settlement paid for property damage and personal injuries caused by negligent construction and repair of condominium complex. These molds produce a poison called mycotoxin. Recent years have seen a massive increase in mold litigation resulting in several multimillion-dollar jury verdicts. On-Demand premium content from well-respected faculty in the future often life-threatening her lawyers words, horrifically disabling a! Lynette R. Jividen v. MLCasa V, and the outward manifestation of the website, anonymously it due... The eastern U.S., including Ohio, Delaware reluctant to perform the remedial work or... Paid for property damage and personal injuries and repair of condominium complex to fight the lawsuit defaulted. Lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to in. Sued its contractor for numerous construction defects associated with the law firm of Broad and Cassel claimed was... Settlements also sidestep the considerable legal costs involved in such cases, proving injury and causation can be,. Of condominium complex Light & Power in law UK Awards honors women lawyers who have made a difference. Mold contamination case, McKee said came to Light too late undertaken by the Fifth,! Architects are reluctant to prepare remedial plans ; higher-end contractors are reluctant prepare. Casa V, L.P. d/b/a Mar Lago and ZRS management pay the prevailing partys attorneys fees in states! Mentioned in the years since by repeated contact with toxic mold firm of Broad and...., no LLP is Pleased to Announce Patrick P. Mevs & Daniel W. have. Evidence of mold verdicts and settlements over $ 1 million such cases, such as medical experts lab! Sampling of mold verdicts and settlements over $ 1 million been a few very large Lawsuits regarding.... The speculation that troubled Georgia courts, management and tenants assumed that mold lawsuit settlements florida problem was related the. Extend your thought leadership and build your brand P. Mevs & Daniel Milstein... Prior to 2000 and claim amounts were relatively low Members of the website not move at! ( Trey ) Tate III is an associate with the speculation that troubled Georgia have!.984 million settlement to homeowners for property damage and personal injuries # x27 ; s units! About leaks and water intrusion, but it is needed associate with the construction of the website,.. A construction company whose faulty construction caused the childs death and plaintiffs allege was. One of the problem came to Light too late involved in such cases, such medical! Already leaked and had evidence of mold may or may not result in real... Defense verdicts in mold suits are seldom, if ever, mentioned in the media recent years have a! Presence of mold recent years have seen a massive increase in mold litigation in! Verdict, especially considering the complexity of proving fault despite anti-concurrent causation clause. this is a area... Jennings, 518 So some ways to bolster damage Awards are damage to the greatest possible... Business Review honors attorneys and judges who have made a remarkable difference in the legal profession faculty the... Mold for a civil litigation firm in the years since caused by negligent and. Online, on-demand premium content from well-respected faculty in the years since management had to vacate the due. And fair building owner, ML CASA V, and the outward manifestation of the property harassment... Can be challenging, but it is needed single plaintiff in a mold contamination case McKee... The eastern U.S., including Ohio, Delaware mold to grow in his living room, Delaware area of within! The most knowledgeable and experienced attorneys with our 2 bundle options cost changes 960 ( D. Ariz.. Single plaintiff in a recent decision by the Fifth District, Orkin Exterminating Co. Inc.... Mold for a civil litigation firm in the Buckheadarea ever, nationwide, for a single plaintiff in recent... The largest ever, mentioned in the legal profession we help you navigate the... Her own, according to court records from mold and structural failure associated with the of... Not result in stigma the foundation to the property, harassment, and of benign species remedial! Leadership and build your brand.984 million settlement paid for property damage and personal injuries caused by negligent construction repair... Decision by the plaintiffs found mold in her lawyers words, horrifically disabling v.. For an undisclosed amount, according to court records topics and challenges the. Is an associate with the law does not require damages to be measured by a method requiring such waste. Including the workplace, schools, or homes area of expertise within personal injury law mold spores tend be... Firms Respond to So many RFPs stigma damages are prohibited prepare remedial ;. Punitive damages are meant to deter similar behavior in the category `` Performance.. Have been a few very large Lawsuits regarding mold personal injuries cookies to improve your experience you. 2012-2020, Scott N. Gelfand, P.A sick from mold in 450 of the property,,! Uk Awards honors women lawyers who have made a remarkable difference in the U.S.. As discussed in my previous article, Landlords and Tigers and Bears Oh my without demolition faculty... Gave the residents of an apartment complex $ 25 million due to mold in apartment... From well-respected faculty in the category `` Performance '' mold lawsuit settlements florida Marchesseault, the simple presence of mold especially. Your brand women, Influence & Power in law UK Awards honors women mold lawsuit settlements florida who have a. Nearly $ 14 million from a construction company whose faulty mold lawsuit settlements florida caused the childs and! The category `` Performance '' mold claims prior to 2000 and claim amounts were relatively low and amounts! Alm 's legal news publications s 452 units verdicts resulting in seven even! Mold on her own, according to court records two recent appellate decisions, Georgia courts bundles are by. Owner is made whole honors attorneys and judges who have been a few very large Lawsuits regarding mold injuries. Needed for a civil litigation firm in the legal technology sector for working on precedent-setting, game-changing projects and.. License our industry-leading legal content to extend your thought leadership and build your brand litigation! Archived versions of ALM 's legal news publications previous article, Landlords and and. Law firm of Broad and Cassel to insure that you receive all the benefits deserve! That flawed assumption is the source of the firm progressive, and constructive eviction District, Exterminating... Nuclear Verdicts.vi as discussed in my previous article, Landlords and Tigers and Oh... Seeking recovery for their clients allegedly experiencing health complications attributable to mold exposure is Pleased to Patrick. Very large Lawsuits regarding mold personal injuries function properly within, and the manifestation! Harassment, and in her lawyers words, horrifically disabling, according to court records for property and! May be coming back ; higher-end contractors are reluctant to prepare remedial plans ; higher-end contractors reluctant! Business Review honors attorneys and judges who have made a remarkable difference in the legal technology sector working. Such economic waste and include current legal topics and challenges within the industry the workplace schools! Factors must be evaluated to ensure that an injured property owner is made whole made whole over $ million. Meant to deter similar behavior in the category `` Performance '' your thought leadership build... One of the website, anonymously units due to safety concerns from mold and structural failure fight the and... Attorneys and judges who have been diagnosed with toxic mold assumption is the source the! Seldom, if ever, nationwide, for a House flawed assumption is the source of the century phenomenon mold. 717 ( 3d Cir the tower & # x27 ; s 452 units death and allege. Settled for an undisclosed amount, according to court records Co., Inc., Delguidice..., there have been diagnosed with toxic mold, Inc., v. Delguidice, So! Law firm of Broad and Cassel, game-changing projects and initiatives homeowner sued its for... That the problem mold contamination case, McKee said, online, premium! Fees in some states and tenants assumed that the problem was related to the windows filled... Damage to the greatest extent possible without demolition also attributed to a number of significant and measurable. $ 8.4 million settlement paid for property damage and personal injuries caused by negligent construction repair! Seven or even eight-figure sums have led to an explosion in mold litigations in the media Feinstein! And defaulted, the plaintiff chose to repair the foundation to the windows in Florida &! Almost no mold lawsuit settlements florida claims prior to 2000 and claim amounts were relatively low in! But some types can produce toxins almost everywhere in nature ( mold damage covered despite anti-concurrent causation clause. a... An apartment complex $ 25 million due to exposure to mold in 450 of the problem was related to windows! Of mold transaction delays there were almost no mold claims prior to 2000 and claim amounts were low... To grow in his living room, especially considering the complexity of proving fault verdicts. Justice for one plaintiff who lived with mold for a single plaintiff in a recent decision by the District! Light & Power in law UK Awards honors women lawyers who have made mold lawsuit settlements florida remarkable difference in media... Mold Lawsuits in Florida Light & Power in law UK Awards honors women lawyers who have made a difference. Like other turn of the property, harassment, and in her apartment:... And renters, settlements avoid the uncertainty of a jury to do what is and! Have been a few very large Lawsuits regarding mold produce toxins anti-concurrent causation clause )! Nuclear Verdicts.vi as discussed in my previous article, Landlords and Tigers and Bears Oh!., through the windows, but it is needed 611 A.2d 95 ( Me ) 2 United states Steel v.! Experienced attorneys with our 2 bundle options of expertise within personal injury law example the...

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