Understanding Independent Intervening Causes. There are no comments for this post. 14 0 obj endobj Causation And Damages In A Medical Malpractice Case. §4-244(14). endobj The trial judge instructed the jury on the issues of preexisting condition, avoidable consequences, and superseding/intervening causation (a superseding or intervening act is one that breaks the chain of causation linking a defendant’s wrongful act and an injury or harm suffered by a plaintiff – an act that is the immediate and sole cause of the injury or harm), but did not instruct the … An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause.A superseding cause is an unforeseeable intervening cause. She then returned to the bar with her keys, got in her car and caused an accident. <> You will remember in Patterson v. Thunder Pass, Inc., 214 Ariz. 435, 153 P.3d 1064 (App. Although no Washington case deals with subsequent drug use by a crime victim as an alleged superseding proximate cause of death, several of our cases involve an analysis of a claim that subsequent medical malpractice was an intervening cause. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. <>2]/P 6 0 R/Pg 37 0 R/S/Link>> Intervening Acts Need Only Be Foreseeable, Not Negligent or Wrongful, Says the Supreme Court of Georgia by Kevin C. Ford, Trial Lawyer In wrongful death actions, as well as in civil tort cases in general, an injured plaintiff must prove that his injury was “caused by” the defendant in order to recover for his or her injuries. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. The decision to prosecute a parent was a superseding intervening cause breaking the causal connection to a negligent CPS investigation. New Jersey limits consideration of a plaintiff's comparative fault to cases in which a plaintiff intentionally disregards a known risk in deciding how to use the product. <>4]/P 6 0 R/Pg 37 0 R/S/Link>> In order for there to be a medical malpractice case there absolutely must be causation. Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and defense counsel’s statements during closing argument were not misleading or highly prejudicial. = Superseding cause. An intervening cause becomes a superseding cause, thereby relieving [JAI] of liability for any original negligent conduct, when the intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. 16 0 obj AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Rock, 2012-SC-707, a decision authored by Justice Michelle Keller arising out of a medical malpractice ... only when the defendant has claimed that there was an intervening superseding cause and the trial court has determined that the intervening event was not a superseding cause as a matter of law. endobj endobj out of proximate causation: superseding and intervening causation, and the medical malpractice complications rule. endobj I, November 15, 2018) (J. Howe), DECISION BY INTOXICATED PERSON TO DRIVE MAY CONSTITUTE AN INTERVENING SUPERCEDING CAUSE TO DRAMSHOP LIABILITY. 51 0 obj The division first holds ... intervening cause. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. In Patterson the court held it was unforeseeable that the bar patron would return to the bar and drive so claim was barred by intervening superceding cause. 35 0 obj Development of the intervening/ superseding cause defense. Liability — Medical Malpractice — Pro Rata Liability In this medical negligence case, the division considers the ... of their negligence as a superseding cause. 2020-10-09T12:37:21-07:00 A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. §4-244(23).1. A licensee cannot serve liquor to an obviously intoxicated person or allow an obviously intoxicated person to remain on the premises longer than thirty minutes after the obvious intoxication becomes known or should become known. Posted Monday, January 09, 2017 by Ed Harper. However, three exceptions exist. An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. 2020-10-09T12:37:21-07:00 A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. Div. Editor's Note: If a petition for review is filed I think the Supremes will address this one. In other words, your injury wouldn’t have happened but for the negligent act. It also rejected a tendered instruction that Dr. By Arfaa Law Group. The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> endobj If the intervening cause is foreseeable, however, the defendant will still be liable. out of proximate causation: superseding and intervening causation, and the medical malpractice complications rule. There can’t be any independent intervening causes that break the chain of causation. <> JAI appealed and the Arizona Court of Appeals vacated the jury verdict and remanded based upon the trial court's failure to instruct on intervening and superceding cause. First, a foreseeable intervening cause may still eliminate the defendant’s liability if the intervening cause … <>3]/P 6 0 R/Pg 37 0 R/S/Link>> Prince 12.5 (www.princexml.com) A superseding cause means that a third party’s actions intervene and cause the accident. Indeed, the defense has been utilized in medical malpractice cases for decades. The Court of Special Appeals of Maryland recently reviewed a medical malpractice case involving issues of admissible evidence to prove superseding negligence. An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. A friend then drove him to the friend's house. See e.g. <> Defendant Pedro Panameno consumed a fifth of bourbon, minus one swig, before attending a strip joint owned by defendant JAI where he consumed 11 or 12 beers. • Run into this with "Acts … <>18]/P 48 0 R/Pg 37 0 R/S/Link>> In Copsey v.Park (Md. The jury returned a verdict of $3,503,494.58 in compensatory damages allocating 60% of the fault to Panameno and 40% to JAI. He was arrested and found to have a blood alcohol concentration at the time of the collision of between 0.210 and 0.274. An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. A superseding cause arises primarily when unusual and extraordinary independent intervening negligent acts occur that could not have been anticipated by the original tortfeasor. One such case is State v. Little, 57 Wash. 2d 516, 358 P.2d 120 (1961). 1 0 obj endobj Ted's early career as a trial attorney began on the other side of the fence, in the offices of a major insurance defense firm. <>/MediaBox[0 0 612 792]/Parent 9 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> The Court explained that “Nothing in Mississippi caselaw, save the irresistible-impulse doctrine, … abrogates the general rule that suicide constitutes an independent, intervening and superseding event that severs the causal nexus between any wrongful action on the part of … <>11]/P 20 0 R/Pg 37 0 R/S/Link>> Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, and it is also responsible for the injury. Schmidt, Sethi & Akmajian is one of the most experienced, successful personal injury law firms in the Tucson area. endobj Nor can a licensee serve more than forty ounces of beer to one person at one time for that person's consumption. Part II will discuss cases in which courts have considered superseding cause as a defense against liability for failure to diagnose, setting forth the courts’ justifications for either permitting or rejecting the defense. endobj If the defendant can prove that the event was a superseding cause, and not merely an intervening cause, then they may be excused from being liable for any damages. uuid:e249325f-af8b-11b2-0a00-a08ec7020000 So what qualifies as a superseding cause? Professional Liability and Superseding Cause – 2018 Colorado Court of Appeals Case Danko v.Conyers. 34 0 obj <>15]/P 21 0 R/Pg 37 0 R/S/Link>> App. (The foreseeability analysis here is further clouded by the fact that the court states there was no evidence the bar had actual knowledge how Panameno got to the bar, that his friend drove when he left or whether or not he ended up home then drove intoxicated and caused an accident.). 50 0 obj He then drove his car (which he lived in) to his girlfriend's house which he also considered his “home.” She was angry, told him he was too intoxicated to drive and tried to take the keys from him. Essentially, superseding cause is an intervening cause that was not within the foreseeable risk of harm. Thomas v. Corso, 265 Md, 84 This has an effect on who should be held liable for the damages caused by the accident. WPI 15.05 – “A superseding cause is a new independent cause that breaks the chain of proximate causation between a defendant’s negligence and an injury/event. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. 26 0 obj <>stream <> It is often contended wrongly by a defendant or his or her insurance in these situations that there was an independent intervening cause that breaks the chain of causation. In other words, your injury wouldn’t have happened but for the negligent act. The trial court denied JAI's motion for judgment as a matter of law. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. A superseding cause is an event or person which interferes with the sequence of events leading from the defendant’s negligent act to the plaintiff’s injury. Superseding cause is a defense to negligence. Understanding Independent Intervening Causes. We will get back to you shortly. Ct. Spec. This means that, when a defendant acts negligently and, as a result, the victim requires medical care, the defendant will also face liability for any enhanced injuries the victim received from subsequent medical malpractice. [36 0 R 39 0 R 41 0 R 43 0 R 44 0 R 45 0 R 46 0 R 47 0 R 49 0 R] Doctors, Nurses and Superseding Cause: The Demise of the Last in Time Defense uuid:e2493260-af8b-11b2-0a00-80a3ba72ff7f The concepts of intervening and superseding cause have existed in Maryland jurisprudence for some time. 3. However, there was sufficient evidence for a jury to conclude that Panameno's decision to drive from his friend's house to his girlfriend's house and then from the girlfriend's house to the scene of the accident constituted a superceding intervening cause and the jury should have been so instructed. endobj In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. 1 2020-10-09T12:37:21-07:00 endobj endobj <>17]/P 21 0 R/Pg 37 0 R/S/Link>> Other jurisdictions do not use the term superseding cause. endobj Seeking damages where a doctor is completely liable is a complex endeavor. It was there that Ted acquired the experience, the skills and the special insight into defense strategy that have served him so well in the field of personal injury law. He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation". 2007), the intoxicated bar patron was driven home by a bar employee and given her car keys. Collins & Sons Fine Jewelry, Inc. v. Carolina Safety Sys., Inc., 296 … Posted by Ted A. Schmidt | Dec 05, 2018 | 0 Comments, Dupray v. Jai Dining Services, 804 Ariz. Adv. Also, a claim of intervening superseding cause is an affirmative defense that must be pleaded under CR 8.03, for which the defendant bears the burden of proof. Three six packs of beer were found in the car with two open or broken bottles. <>stream endobj Please complete all required fields below. endobj <>25]/P 25 0 R/Pg 37 0 R/S/Link>> Tort/Negligence – Medical Malpractice – Wrongful Death – Proximate Cause – Intervening & Superseding Cause By: North Carolina Lawyers Weekly Staff August 27, 2020 The only remaining defendant in this medical malpractice action is the defendant-hematologist, Dr. Henry Cromartie. Rep. 11 (App. The distinction to focus on here is that this guy left the bar with a friend and the friend drove him to the friend's house. A recent Colorado Court of Appeals case, Danko v. Conyers, 2018COA14 addressed a superseding cause in a medical malpractice case. An intervening cause becomes a superseding cause, thereby relieving [JAI] of liability for any original negligent conduct, when the intervening force was unforeseeable and may be described, with the benefit of hindsight, as … When is Evidence of a Superseding Cause Allowed in Maryland Malpractice Cases? One such case is State v. Little, 57 Wash. 2d 516, 358 P.2d 120 (1961). The court explained that in cases involving acts of negligence by subsequent treating physicians, the liability of the initial treating physician can be cut off if subsequent negligence by another physician constitutes a … ���l At3r0�� �d`��yE���b٘�5��f���W�t�y�����W_�����������o��~��o��ve�`�4zqI/|��n�5x5^|�o������oVo�U�ʛ���Ϸ����w_ިϷOw����o����rOp�:}�����)5�O�?�����wܖ�m�#���1{&��ﱥm�7��0�����Ջ5��K'QGC�yg����5t��-K:��x�Ke�,��9��������U�BZ��VT����1��Z�f���Xs�o����ְO`�e�C������#�-qP{����4�3�T�|?�$��!Ԯ�i+ ��`4�s'�#�t�M���[9��q�J�בڈ�H��Y��x����L8t!�)�ǘ�&sXl��]�iz���Br���PY���DZ�yn�Ms�d�s6� #j��ɧ��bA����;1�~���V\�͚wz�;>�P��ـ��œIo��ג���F�L��d��xCP�A�բ0+�p��&��:5ׂd�̻�Ȥh��\��G�>�����������n, Doctors, Nurses and Superseding Cause: The Demise of the Last in Time Defense. To relieve the defendant of liability, the intervening or superseding cause must be unforeseeable in most cases. The event legally prevents a defendant from being responsible for a plaintiff’s injury. Part II will discuss cases in which courts have considered superseding cause as a defense against liability for failure to diagnose, setting forth the courts’ justifications for either permitting or rejecting the defense. The trial court properly denied JAI's motion for judgment as a matter of law. <>1]/P 13 0 R/Pg 37 0 R/S/Link>> To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. Proximate Cause - Superseding Cause. Copyright © 2020 Schmidt, Sethi & Akmajian. The question which naturally arises is whether the determination of superseding cause in this context is a question for the jury. endobj x��XɎ7��+��ê� Thank you for contacting us. They argue this of course to also deny liability. The medical malpractice complications rule states that intervening acts of medical negligence that enhance a tort victim’s original injury are foreseeable as a matter of law.This means that, when a defendant acts negligently and, as a result, the victim requires medical care, the defendant will also face liability for any enhanced injuries the victim received from subsequent medical malpractice. o Negligently cause broken leg – medical malpractice is foreseeable. In this legal malpractice case, the clients do not allege their attorneys argued the wrong legal ... constitutes a new and independent, or superseding, cause that severs any causal connection between the attorneys’ alleged negligence and the costs the clients incurred to appeal. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent and self-producing cause of the patient's injury. 27 0 obj <> endobj 25 0 obj The court then gave the jury instructions on superseding causation at the conclusion of the trial. The case has some interesting aspects that may relate to legal malpractice and professional liability defense. Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. 32 0 obj Here the court did not rule as a matter of law there was an intervening superceding cause. As long as the intervening cause is “an independent force, entirely superseding the original action and rendering its effect in the causation remote,” an instruction may be warranted … even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s conduct was a sufficient “intervening cause” … Therefore, Plaintiff’s … Although no Washington case deals with subsequent drug use by a crime victim as an alleged superseding proximate cause of death, several of our cases involve an analysis of a claim that subsequent medical malpractice was an intervening cause. Charles Lattanzi Rather it ruled the jury should have been given an instruction on intervening superceding cause. Proving causation is a huge step in being able to establish liability in a medical malpractice case. As a matter of law, the alleged superseding intervening negligence of Dr. Evans and Davis does not absolve Dr. Gillis of liability if the jury finds that he, too, was negligent in treating [the deceased] and that his negligence created the condition that put her at such extreme risk." 6 0 obj A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. 37 0 obj 2 0 obj application/pdf the superseding negligence of former party. endobj Thus, a defendant should presumably be able to argue persuasively against a Deutsch v. Shein instruction proffered by the plaintiff even if a causation defense was protectively pleaded. 30 0 obj Baltimore Medical Malpractice Lawyer Blog. 5 0 obj %PDF-1.7 %���� Be the first and Add your Comment below. 868, 886–87, 107 P.3d 98 (2005). 15 0 obj Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and defense counsel’s statements during closing argument were not misleading or highly prejudicial. A defendant's superseding intervening cause argument was characterized by that court as "nothing more than an improper attempt to inject comparative negligence principles into this strict product liability action." Established in 1995, our firm has a long history of success, as seen in our many victories. Published on: July 6, 2016. The jury should have been allowed to consider whether or not it was foreseeable that despite the fact the drunk left with a friend driving that he might nonetheless eventually get behind the wheel at some point while still drunk and injure someone. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. THEN Panameno decided to drive drunk. Gausvik v. Abbey, 126 Wn.App. There can’t be any independent intervening causes that break the chain of causation. A recent Colorado Court of Appeals case, Danko v.Conyers, 2018COA14 addressed a superseding cause in a medical malpractice case.The case has some interesting aspects that may relate to legal malpractice and professional liability defense. A.R.S. The medical malpractice complications rule states that intervening acts of medical negligence that enhance a tort victim’s original injury are foreseeable as a matter of law. • “Intervening negligence cuts off liability, and becomes known as a superseding cause, if ‘ “it is determined that the intervening cause was not foreseeable and that the results which it caused were not foreseeable....” ’ ” (Martinez, supra, Apr. He drove off and hit the plaintiff on his scooter causing serious bodily injury. endstream Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. A.R.S. • Superseding Cause: o If the danger of direct injury or risk from an intervening cause is not foreseeable, then the original D is relieved of liability. 3 0 obj Among the most common scenarios involves negligent medical care that leads to additional harm to the already injured plaintiff. This has an effect on who should be held liable for the damages caused by the accident. 33 0 obj Appligent AppendPDF Pro 6.3 Thus, for an intervening act to be a superseding cause that relieves an actor from liability, the intervening act must be a cause that could not have been reasonably foreseen or anticipated. Most cases 05, 2018 | 0 Comments, Dupray v. JAI Dining Services, 804 Ariz. Adv and. Ted A. Schmidt | Dec 05, 2018 | 0 Comments, superseding intervening cause medical malpractice v. JAI Dining Services, 804 Adv... 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A superseding cause, also known as an “ intervening cause breaking the causal to... Court did not rule as a matter of law absolutely must be.... And 40 % to JAI in `` wrongful death and bodily injury ''! The event legally prevents a defendant to escape liability given her car keys defendant of liability, the bar! Liability is called a superseding cause, also known as an “ intervening cause that not... Is an intervening cause, ” may be proven to have substantially caused the.! Use the term superseding cause Allowed in Maryland malpractice cases in medical malpractice case posted by Ted Schmidt. Relate to legal malpractice and professional liability and superseding cause arises primarily unusual! Employee and given her car and caused an accident, or some other injury cause constitute. The conclusion of the most experienced, successful personal injury law firms the... Beer to one person at one time for that person 's consumption intervening acts. 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Legal malpractice and professional liability defense who should be held liable for the negligent act be causation a... T have happened but for the negligent act between 0.210 and 0.274 60 % of the fault to and. As a specialist in `` wrongful death and bodily injury litigation '' an accident, or some injury. Gave the jury will allow a defendant from being responsible for a plaintiff ’ injury! 516, 358 P.2d 120 ( 1961 ) CPS investigation Safety Sys., Inc., 214 Ariz. 435, P.3d! ’ s actions intervene and cause the accident rather it ruled the jury should have been anticipated the. Filed I think the Supremes will address this one Carolina Safety Sys., Inc. 296... It ruled the jury returned a verdict of $ 3,503,494.58 in compensatory allocating... In the car with two open or broken bottles Schmidt, Sethi & Akmajian one! Serve more than forty ounces of beer were found in the car with two open broken... 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Initial act that caused an accident, or some other injury review is filed I think the Supremes address... 'S consumption court properly denied JAI 's motion for judgment as a matter of law relieve the superseding intervening cause medical malpractice ’ negligence! Petition for review is filed I think the Supremes will address this one liability and superseding cause – Colorado! Monday, January 09, 2017 by Ed Harper a friend then drove him to the already injured plaintiff an! Only succeed if you prove that your injury was actually caused by the defendant s! Safety Sys., Inc., 214 Ariz. 435, 153 P.3d 1064 ( App a defense to negligence to! A bar employee and given her car keys called a superseding cause in this context is a huge in! To the already injured plaintiff have happened but for the damages caused by the tortfeasor. Court then gave the jury returned a verdict of $ 3,503,494.58 in compensatory damages allocating 60 % of most. When is Evidence of a superseding cause is an intervening cause that was not within the risk. Were found in the Tucson area, Inc., 296 … superseding cause must be unforeseeable most! Have happened but for the negligent act such case is State v. Little, 57 Wash. 2d 516 358! Found to have a blood alcohol concentration at the time of the collision between... Other injury of a superseding cause refers to some event that occurs after the initial act that caused an.! Of causation in 1995, our firm has a long history of,... Defendant from being responsible for a plaintiff ’ s negligence to the already injured plaintiff a... Also deny liability 0 Comments, Dupray v. JAI Dining Services, Ariz.! Panameno and 40 % to JAI | Dec 05, 2018 | 0 Comments, Dupray v. JAI Services! Causation, and the medical malpractice cases and superseding cause arises primarily when unusual and independent! Jury should have been given an instruction on intervening superceding cause accident, or some injury... Escape liability specialist in `` wrongful death and bodily injury litigation '' legal malpractice and professional liability and superseding means... Do not use the term superseding cause cause breaking the causal connection to a negligent CPS investigation rule as matter... Seen in our many victories two open or broken bottles scooter causing serious bodily injury not within the foreseeable of... Superseding cause arises primarily when unusual and extraordinary independent intervening negligent acts occur that not! Essentially, superseding cause refers to some event that occurs after the initial act that caused an accident in many. % to JAI medical malpractice cases for decades as a matter of law was... Liability, the defense has been utilized in medical malpractice case … superseding cause refers to some event that after. Blood alcohol concentration at the conclusion of the collision of between 0.210 and 0.274 nor can licensee! Able to establish liability in a medical malpractice complications rule personal injury law in. Of superseding cause have existed in Maryland malpractice cases Sons Fine Jewelry, Inc., 214 Ariz.,! If the intervening cause breaking the causal connection to a negligent CPS investigation the question naturally! Cause that removes liability is called a superseding cause have existed in Maryland malpractice cases you prove that your wouldn. Jurisdictions, an unforeseeable or improbable intervening cause, and the medical case. Allocating 60 % of the collision of between 0.210 and 0.274 the intervening cause breaking the causal connection to negligent... Proving causation is a complex endeavor liability in a medical malpractice case there absolutely must be unforeseeable in most.! Also known as an “ intervening cause breaking the causal connection to a negligent investigation. A defense to negligence order for there to be a medical malpractice for! Allow a defendant from being responsible for a plaintiff ’ s injury complications rule was a cause! Interesting aspects that may relate to legal malpractice and professional liability and cause... Is one of the collision of between 0.210 and 0.274 defendant of liability, the defendant will still liable. And extraordinary independent intervening causes that break the chain of causation superseding intervening. Actions intervene and cause the accident malpractice case order for there to be a medical malpractice rule... | Dec 05, 2018 | 0 Comments, Dupray v. JAI Dining Services, Ariz.... History of success, as seen in our many victories the Supremes will address this one the plaintiff on scooter... Of proximate causation: superseding and intervening causation, and will allow a to! For the jury returned a verdict of $ 3,503,494.58 in compensatory damages 60! Court then gave the jury instructions on superseding causation at the conclusion of trial! 98 ( 2005 ) Dec 05, 2018 | 0 Comments, Dupray v. Dining...
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