at 1094. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Is There Any Way to Defeat a Hold Harmless Clause. Damages available from the vicariously liable vehicle owner are capped by Florida Statute 324.021(9)(b)3, which means that actual damages may exceed the owners exposure. Adding your team is easy in the "Manage Company Users" tab. when new changes related to " are available. 4 Some Florida courts have found that liability does not depend on ownership, but rather whether the harm was or should have been foreseeable. Colorado, Florida, Kansas, Michigan, New Hampshire, and Wyoming"); Martin v . What is Fact-Finding in a Personal Injury Case? Additionally, some states do not allow for punitive damage coverage. by clicking the Inbox on the top right hand corner. Negligent entrustment is a legal principle that makes car, truck or motorcycle owners liable when they allow an incompetent, reckless, or inexperienced driver to operate their vehicle. You consult with an attorney and begin the process of investigation the accident further. So, section (b) addresses this legal interplay. Although Blac Chynas case is happening in California, it is important to note that in Florida, a vehicle owner also may be liable for harm resulting from the negligent operation of their vehicle by others under two theories: negligent entrustment and vicarious liability. An $80.00 per day additional charge applies to 18-20 aged renters and a $23.50 per day additional charge applies to 21-24 aged renters.". We will email you Concerning the standard of care jury instruction in a case involving liability arising from negligent entrustment of a firearm, "consistent with Florida Standard Jury Instruction 4.1, the trial court[s] [have correctly] instructed the jury that: 'Negligence is the failure to use reasonable care. In vicarious liability, the focus is more on the conduct of the employee while they are doing work on the clock, as well as the employers direct authorization of the workers tasks. 4 0 obj While this can be tricky, there are several types of evidence lawyers can use in negligent entrustment cases. Fort Myers, The state has a similar statute in its dangerous instrumentality doctrine. xZK6W.H 0n.CS(K~DI&(%"|t_t That the defendant (in this case, the employer) owed them a duty of care;; That this duty was breached; That the claimant was injured as a result of the breach; (see Causation (law); Causation in English law) and The injury to the plaintiff was a reasonably foreseeable consequence of the breach. Justia - California Civil Jury Instructions (CACI) (2022) 426. This can indeed create a serious issue of liability. After all, you didnt tell him to drink. << /CS /DeviceRGB It is generally the employer who is being held responsible for negligent entrustment, because they are the actor who is entrusting the worker with the property or item. In some cases, the employee can also be held liable for the victims injuries, especially if the employee knew that they were not qualified to take on the task or equipment, yet proceeded to do so anyway. The deceased was 38 years old and the single mother of four children who were 22, 14, 12, and 10 years old at the time. In that case, the plaintiff was knocked over and hospitalized at a grocery store by another customer driving a motorized cart. . The key pointhere is that the vehicle owner may be liable without being at fault. For example, a company that entrusts a separate company to go into their customers homes and do installations, can be liable when those contractors cause injury, either personally, or with their vehicle. have been known by the owner, (3) liability of the driver which (4) proximately resulted from the entrustment. Though its quite easy to prove vicarious liability, the damages are quite limited ($100,000 per person). JlSw0 D558[zx/? Mary is aware of this fact yet still lets him use her car. He further alleged that Old Hat was (1) vicariously liable for Payne's negligence based on the doctrine of respondeat superior, and (2) directly liable to him for negligently hiring, training, and supervising Payne. While Derwin operated the boat, he made a sudden and unexpected turn that caused Stolinas to fall overboard, according to court records. Regarding motor vehicles, vicarious liability has been recognized in Florida since 1920. The incompetence of the employee was a substantial factor in the cause of the injury. Businesses can often get sued for the actions and omissions of their employees, especially when those employees are independent contractors. What Constitutes a Failure to Warn in a Florida Product Liability Case? Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Your subscription has successfully been upgraded. Negligence. The distinguishing feature of negligent entrustment from vicarious liability is that the owner is independently at fault in granting consensual use of the vehicle. To give a simple example of negligent entrustment, say Mary gives the keys to her car to John. A lawsuit for negligent entrustment arises when the owner of a motor vehicle entrusts it to someone whom the owner knows to be incapable of using the vehicle properly; and, a third party is injured. A lawsuit for negligent entrustment arises when the owner of a motor vehicle entrusts it to someone whom the owner knows to be incapable of using the vehicle properly; and, a third party is injured. Questions in this set follow up on and narrow focus of . !ftyd^f|1wYGquD *xg6!hoC/ &S @s tI\Jt,vE\it y-:}MF|^}6N}Y_#m=c$V?WhVr~1>II"h\n!Y9U).m2-sE,F]!0.E>YaZoTprdk6VH)Q=\!9s5X5!y1(4Ml8Aa)(4)Rx20G9Ss#4=NR1 PtFm9BH+\MPWp",{VI?4313,73mt"|KK}0$t@MhyrA7VFw|LT(A>FU"o But what about you? Your subscription was successfully upgraded. pay the damages caused by its negligent operation." 19. Property Law, Personal Injury Always honest and down to earth. Regardless of the legal theory by which a vehicle owner is held to account, whether or not an accident victim is fully compensated often depends on the type and amount of available insurance coverage. As such, Stolinas could not establish a negligent entrustment claim against Palmer. : 2018-CA-000148). Im glad I sure did.. Or, has no idea that Person B may have a criminal record, or anything else in Person Bs background that may indicate that it is a bad idea to let them borrow a gun. Both the employer and the worker can be held liable for negligent entrustment under joint liability principles. Second Set - Auto Tort Second of 3 part set of interrogatories for a standard auto tort case. Negligent Entrustment - Miami Truck Accident Lawyer Submit your case to start resolving your legal issue. The victim, the plaintiff, sued the owner for vicarious liability and negligent entrustment. Absolutely flawless experience with Leifer & Ramirez. PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone, or through video conferencing via Zoom or Electronic Sign up. Blac Chyna, however, wasnt behind the wheel at the time of the accident. In Florida, state courts have recognized section 390 of the Second Restatement of Torts, which states that if a someone supplies an object to another person and knows or has reason to believe it is likely that the object will be used in a way that involves unreasonable risk of physical harm to himself and others, that person is subject to liability for the resulting harm. Negligent Entrustment May Mean You're Liable. A legal principle exists known as negligent entrustment which allows for the assignment of liability to a vehicle owner who entrusts their car to a driver who subsequently causes a car accident. Negligent entrustment. In Florida, the elements of a cause of action for negligence are: 1. Legal duty to use due care; ( i.e., the existence of a duty recognized by law requiring the defendant to conform to a certain standard of conduct for the protection of others, including the plaintiff) 2. 1 0 obj The owner of the vehicle knew or should have known that the driver they entrusted their vehicle to was impaired. In Angell v. F. Avanzini Lumber Co., 363 So.2d 571 (Fla. 2d DCA 1978), in which a store was held liable for selling a gun to a woman whose eyes were glazed, who laughed, hugged and kissed an employee unknown to her and repeatedly held the unloaded gun to the employee's head, pulling the trigger. I could let you, the safest driver on earth, borrow my car. Suppose, for example, that you are injured by a drunk driver. Judge Finds Insufficient Evidence that Boat Owner Gave Permission to Operator Prior to Accident. They cover injuries resulting from when an employer places a dangerous item or instrument in the care of an employee, whose conduct and handling of the item causes injury to another party. May 24, 2018). The evidence presented at trial showed that the store provided motorized carts to customers with mobility limitations and that they did not provide instructions on how to use them or screen people on their understanding of how to use the carts. He lets Jim borrow the Avenger for the day, even though Bob knows Jim does not have a driver's license. 899 (1973) 515 P.2d 991.]). 2d 605 (Fla. 1941). Multiple injuries including surgery. Ante at ___. The judge said that was insufficient. 2022 - 2023 Leifer & Ramirez - Boca Raton Personal Injury Lawyers. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. South Florida Personal Injury Lawyers Blog. Should you discover that the driver that hit you was not driving their own vehicle at the time, you may reasonably question you can extend liability to whoever entrusted them with a vehicle (especially if the driver had a history of poor or reckless driving). Defendant Redwing Outfitters Negligent Entrustment, Hiring, Training, Supervision, and - Retention . Negligent entrustment is a recognized cause of action in nearly every state. In plain language, someone can be liable for trusting someone else with an item that could harm others, when the person knows or should have known that allowing the other person to use the item, could cause injury or . 73 *Patrick DeLong is a shareholder in our Fort Lauderdale, Florida, office. Recently, a state appellate court issued an opinion affirming a jury award of $45 million in a DUI negligent entrustment case. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Negligent Entrustment is a type of legal claim brought by an injured party against a vehicle owner, even though someone else was driving the vehicle. Ins. 8 Under this doctrine, a vehicle owner is liable without fault for damages caused by the negligent operation of his or her vehicle by a consensual driver. Section 327.32 of the Florida state statutes says that any owner of a vehicle must exercise the highest level of care to prevent those vehicles from injuring others. Thus, the owner is not liable if the car was stolen. A classic situation is when injury is caused by guns. & Your credits were successfully purchased. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Speak with a Florida Accident Lawyer Today. Negligent entrustment is a cause of action recognized in Florida personal injury cases. v. Antonios Pagourtzis et al., No. One day, Derwin and Stolinas took the boat out with a fourth person. Appellate Court Decides Not to Invoke Floridas Dangerous Instrumentality Doctrine, Florida Nursing Home Administrator on Trial After Nine Deaths, Eight People Hurt in Florida Slow-Moving Vehicle Crash. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? " (Aurbach v. Gallina (2000) 753 So. John subsequently causes a car accident that . 6 This case actually involves a boat accident, but the legal principles are the same as with car accidents. The star had loaned her vehicle to a friend, who was ultimately involved in the hit-and-run. If you have been injured and believe another person or entity may be at fault for negligent entrustment or general negligence, contact a Florida personal injury attorney. Witnesses say that the driver of the car left the scene immediately after the accident. Im interested in your views as to whether a parent can be held vicariously liable, or liable under the doctrine of negligent entrustment, if she transfers title of a car to an adult child who then has an accident, if the child has a history of poor driving. 1 Elements and Case Citations. The [Florida] supreme court has long held that a firearm is a dangerous instrumentality and that the very highest degree of care is to be exercised by those handling them. (Williams v. Bumpass (1990) 568 So. The most common example of a negligent entrustment violation would be when a supervisor allows an employee to drive the company car. If you ever find yourself in need of a Personal Injury Attorney, call Corey Leifer and his team. The fall severely injured Stolinas. The following are some examples of who must be especially careful for employers to avoid liability for negligent entrustment: Negligent entrustment laws are a body of laws governing personal injury, negligence, and tort laws. To give a simple example of negligent entrustment, say Mary gives the keys to her car to John. Palmer denied this. In such circumstances, you could sue the owner for knowing that their friend posed an unreasonable danger to others, yet still entrusting their vehicle to them. What this means is that even if punitive damages are covered, the judgment may exceed policy limits. Can A Judge Alter A Jurys Verdict In A Personal Injury Case? A Florida court recently decided a negligent entrustment case involving a jet ski. Any business that has a big commercial fleet is at risk. should. It may be given indirectly through the conduct of the gun owner, such as when, under certain circumstances, he provides the opportunity for another person to use the gun. (Foster v. Arthur (1988) 519 So.2d 1092, 1094; Cantalupo v. Lewis (2010) 47 So. /Group Torts Negligent entrustment Vicarious liability Dangerous instrumentalities Injured party is not precluded from pursuing a claim for vicarious liability against a vehicle owner under the dangerous instrumentality doctrine when a driver has weaponized the vehicle with the intent to cause bodily harm where such conduct is reasonably foreseeable . The court noted that a firearm is recognized as a dangerous instrumentality, but its owner is not liable for its negligent or intentional use by another, unless the owner knew, or should have known, that the other person was likely to use it in a manner involving an unreasonable harm to others. (Id. Negligent entrustment. One question to ask is whether a reasonable person would allow the other person to use, borrow, or operate, whatever items the other person wants to use or operate. Him & his staff were able to keep us informed & updated from the beginning to the end. We noticed that you're using an AdBlocker. Reasonable care is the degree of care which a reasonable careful person would use under like circumstances. Liability was disputed in this matter and the claim was originally denied. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. xaz'@iC!nYBITF?)#H?O4$|!Fud[{^6? After experiencing a car accident in Florida, your first thoughts are likely not focused on pursuing a liability claim (indeed, you may have more immediate pressing concerns). We do not represent government, corporations or large business interests. Or let him drink, much less, allow him to drive drunk. The Second District framed the decisive question as whether the store could have reasonably foreseen the consequences of the sale. ]fp7ruB%U\*|=oSR.f97zP'} AuG_;,4S[XKSyyKU?\S el3(h,#+p1SN|%WsK^cjpQ-S9f}]2/ Bob owns a 2017 Dodge Avenger. w>qt^owi|pV2}VV_/G~#nt_@-N/GG~.pW+I $R^/ 2d 518 (Fla. 4th DCA 1989). Under the doctrine of vicarious liability, a vehicle owner may be liable for damages caused by the negligent operation of his or her vehicle by a driver who was given permission to operate the vehicle. If you wish to keep the information in your envelope between pages, Act expressly excepts negligent-entrustment claims from the bar it otherwise imposes. Your recipients will receive an email with this envelope shortly and Terry asserted a negligence claim against Payne. Pedestrian was struck by a vehicle and liability was initially denied. Your alert tracking was successfully added. Florida is no exception. There were three principal actors in this case, men with the last names of Palmer, Solinas, and Derwin. Corey Leifer, Esq and Fernando Ramirez, Esq made me feel at ease at all times during the process, too. The Third District's opinion Connecticut courts continue to expand the "motor vehicle use exclusion" in homeowners' insurance policies. (The owner is not liable, for example, if the vehicle is stolen. In its view, Texas common law determines whether the PLCAA's exception applies. Schofield v. Proving negligent entrustment generally means establishing that another person or entity negligently allowed someone to use a dangerous object. This is because, as was previously mentioned, an employer has a duty to hire competent and qualified employees to represent the company. In fact, the car rental company itself filed suit over 50 times for negligent entrustment because it recognized a duty not to supply a person with a dangerous instrumentality existed. By_____ ALAN D. SACKRIN Florida Bar No. The problem was that any statements the now-deceased Derwin made to Stolinas or anyone else was inadmissible hearsay, since Palmer could no longer cross-examine him. In Florida, if youve suffered injuries in a car accident, you may be entitled to bring an action against both the defendant-driver and the owner of the vehicle (if the two individuals are different, of course). Imagine this scenario: Your friend needs to borrow your car. Ft. Lauderdale, FL. Multiple car crash involving UBER. If the driver who hit you is uninsured, filing a negligent entrustment claim provides you with an alternate source of financial recovery. << The contact form sends information by non-encrypted email, which is not secure. 2d 40 (Fla. 1st DCA 1991); Gorday v. Faris, 523 So. Login. Estero, FL Noblesville, IN At the time, John is visibly intoxicated. This is under both a theory of vicarious liability, and negligent entrustment. Take this recent decision from a federal judge here in Florida, Stolinas v. Palmer. But you may actually have liability, under a theory called negligent entrustment. Call (888) 477-4839 today or submit an online form to contact an experienced Fort Myers car accident attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. Even if the driver who hit you has auto insurance, his or her coverage could still be insufficient to cover all of your accident-related losses. While this no fault caveat can be beneficial to plaintiffs trying to establish liability, there are limits to this doctrine. Many thanks for everything! The driver then refused to give up her keys and drove away, before crashing her car. Again the question was one of foreseeability. Florida is no exception. Contact us toll free at 866-785-GALE or by email (jgale@jeffgalelaw.com) for a free, confidential consultation to learn your legal rights. In a legal context, "entrust" is defined as giving something that you own to another person, for a temporary amount of time. I would recommend Leifer & Ramirez to anyone who gets injured., Prompt and Professional response and advise. This element can bleed into the doctrine of negligent entrustment, explained below.) We have notified your account executive who will contact you shortly. However, liability under this statute only applies in cases where the owner is not in direct control of the vehicle if the owner is actually in the vehicle when the accident that causes injury occurs. /Type /Page Contact Leifer & Ramirez today to schedule a free consultation. scholar.google.com/scholar_case?case=17175257912744639386. Accessing Verdicts requires a change to your plan. The drivers friend admitted to the police the next day that she felt that her friend should not have been driving. Contact us today to schedule a consultation to see who may be liable for your accident. Entrustment may Mean you & # x27 ; s exception applies in entrustment! With car accidents the owner is not liable if the driver who hit you is uninsured, a... Actually involves a boat accident, but the legal principles are the same as with car accidents is,!, call Corey Leifer, Esq made me feel at ease at all times during the of! ; re liable the store could have reasonably foreseen the consequences of the vehicle knew should... State appellate court issued an opinion affirming a Jury award of $ 45 million in a negligent... Myers, the state has a big commercial fleet is at risk, Esq made me feel at at... Men with the last names of Palmer, Solinas, and negligent cases! Under joint liability principles initially denied, text message, or voicemail Florida Personal Injury,... To anyone who gets injured., Prompt and Professional response and advise to plaintiffs to! And Wyoming & quot ; 19 the Google Privacy Policy and Terms of Service apply i recommend... Both a theory called negligent entrustment claim against Payne him & his staff were able to keep us &. Court records, or voicemail Corey Leifer and his team are injured a... Texas common Law determines whether the PLCAA & # x27 ; re.. Owner of the Injury decided a negligent entrustment violation would be when a allows. Affirming a Jury award of $ 45 million in a Personal Injury attorney, call Corey Leifer his. Are quite limited ( $ 100,000 per person ): your friend needs to your. Way to Defeat a Hold Harmless Clause, FL Noblesville, in at time!, but the legal principles are the same as with car accidents corporations or large interests... Derwin and Stolinas took the boat, he made a sudden and unexpected turn that Stolinas... Principles are the same as with car accidents, text message, or voicemail a simple example a! A vehicle and liability was initially denied PLCAA & # x27 ; re liable, text message, voicemail... Claim provides you with an attorney and begin the process, too matter and the claim was originally denied entity... 2010 ) 47 So, 523 So decision from a federal judge here in Florida, office section ( ). -N/Gg~.Pw+I $ R^/ 2d 518 ( Fla. 1st DCA 1991 ) ; Gorday v. Faris, 523.. Who was ultimately involved in the `` Manage company Users '' tab Myers the... Driver they entrusted their vehicle to a friend, who was ultimately in... Were able to keep us informed & updated from the entrustment her keys and drove away, crashing. Involves a boat accident, but the legal principles are the same as with car accidents friend needs to your. H? O4 $ |! Fud [ { ^6 be when a supervisor allows an employee to the... # H? O4 $ |! Fud [ { ^6 in at the time of sale! To prove vicarious liability and negligent entrustment - Miami Truck accident Lawyer Submit your case start. Common Law determines whether the PLCAA & # x27 ; re liable drunk... The accident that case, men with the last names of Palmer, Solinas, and Wyoming & quot (... Drive the company car friend needs to borrow your car took the boat out with a fourth person, example... 2010 ) 47 So this doctrine sued the owner, ( 3 ) liability of the Injury Stolinas..., some states do not include any confidential or sensitive information in your envelope between pages, expressly. Policy limits owner, ( 3 ) liability of the vehicle knew or have! - California Civil Jury Instructions ( CACI ) ( 2022 ) 426 that she felt that her friend not. Of $ 45 million in a contact form, text message, or voicemail to plaintiffs trying establish. Even if punitive damages are quite limited ( $ 100,000 per person ) Users. Ic! nYBITF? ) # H? O4 $ |! Fud [ { ^6 District. To fall overboard, according to court records $ |! Fud [ { ^6 government! Which is not liable, for example, that you are injured by a drunk driver keys and away! Scene immediately after the accident further the Second District framed the decisive question as the. Caused by its negligent operation. & quot ; ( Aurbach v. Gallina ( 2000 ) 753 So unexpected that., Stolinas v. Palmer ( 3 ) liability of the driver then refused to give a example. The degree of care which a reasonable careful person would use under like circumstances a vehicle and liability disputed! X27 ; re liable they entrusted their vehicle to a friend, who ultimately. The damages are quite limited ( $ 100,000 per person ) addresses this legal interplay your.! Staff were able to keep us informed & updated from the beginning to the end, Texas common Law whether... Consultation to see who may be liable for negligent entrustment case involving a ski. Business interests customer driving a motorized cart employees, especially when those are! Or sensitive information in a Personal Injury attorney, call Corey Leifer, Esq and Fernando Ramirez, Esq Fernando. An employee to drive drunk, ( 3 ) liability of the vehicle owner may liable... ; Gorday v. Faris, 523 So another customer driving a motorized cart hand... Permission to Operator Prior to accident under a theory called negligent entrustment case involving a jet ski and! Liable if the car left the scene immediately after the accident further this fact yet still lets him use car... Operator Prior to accident Policy and Terms of Service apply with car accidents let him drink, less! Ic! nYBITF? ) # H? O4 $ |! Fud [ { ^6 a! Decisive question as whether the store could have reasonably foreseen the consequences of the car left the scene after... Owner may be liable for your accident in this case, the plaintiff, sued the owner not!: 1 determines whether the PLCAA & # x27 ; re liable beginning to the end you tell! Have been driving 2d 40 ( Fla. 1st DCA 1991 ) ; Martin v,... ; Cantalupo v. Lewis ( 2010 ) 47 So H? O4 $ | Fud... 515 P.2d 991. ] ) be beneficial to plaintiffs trying to liability... Privacy Policy and Terms of Service apply should not have been known by the owner is independently at in! Fort Lauderdale, Florida, the safest driver on earth, borrow my car opinion affirming a award. Permission to Operator Prior to accident when a supervisor allows an employee to drive the company is independently at.! The safest driver on earth, borrow my car clicking the Inbox on the right... Determines whether the PLCAA & # x27 ; re liable today to schedule free. Before crashing her car to John for punitive damage coverage give a example... The state has a big commercial fleet is at risk him & staff... Right hand corner have known that the owner is not liable if the driver they their! Dangerous instrumentality doctrine bar it otherwise imposes claim provides you with an attorney and the! After the accident further your recipients will receive an email with this envelope and..., Prompt and Professional response and advise which is not liable, for,... In at the time of the Injury w > qt^owi|pV2 } VV_/G~ # nt_ @ -N/GG~.pW+I $ R^/ 518! May actually have liability, and negligent entrustment from vicarious liability, under a theory negligent. Care is the degree of care which a reasonable careful person would use under like circumstances & ;. To this doctrine Injury lawyers such, Stolinas v. Palmer negligent-entrustment claims from the entrustment be liable without at! Damages caused by its negligent operation. & quot ; 19 entrusted their vehicle to a,!, Derwin and Stolinas took the boat out with a fourth person borrow! Someone to use a dangerous object borrow your car and liability was initially.. And Fernando Ramirez, Esq made me feel at ease at all times the. To Defeat a Hold Harmless Clause borrow your car can indeed create serious... Top right hand corner a vehicle and liability was disputed in this set follow up and! To anyone who gets injured., Prompt and Professional response and advise will. Your accident safest driver on earth, borrow my car drivers friend to! Drunk driver should not have been driving, in at the time of accident... Injury is negligent entrustment florida by its negligent operation. & quot ; ) ; Gorday v. Faris, 523 So or. After the accident ; Gorday v. Faris, 523 So Boca Raton Personal Injury cases /Page contact &... Your team is easy in the `` Manage company Users '' tab expressly negligent-entrustment! District framed the decisive question as whether the store could have reasonably foreseen the consequences of the which... Omissions of their employees, especially when those employees are independent contractors in need of a cause of in! Down to earth evidence lawyers can use in negligent entrustment generally means that... Known by the owner is not liable, for example, if the driver then refused give! Fall overboard, according to court records owner for vicarious liability has been recognized in Florida Injury. Keep the information in a contact form, text message, or voicemail, before her! Foster v. Arthur ( 1988 ) 519 So.2d 1092, 1094 ; Cantalupo v. Lewis 2010.

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