It is the authors thesis that Florida law has failed to keep pace with the dynamics mold cases present, and does not provide sufficient guidance in this evolving context. In two recent appellate decisions, Georgia courts have explicitly ruled that stigma damages are prohibited. 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. A mold attorney and mold remediation company often refer to these types of mold as toxic mold. Under those circumstances, the court would award the property owner $6 million for the cost of repairs, rather than the $8 million for the propertys diminution in value. ii While the defendants were not represented at trial, the award is a shot across the bow at what The cookies is used to store the user consent for the cookies in the category "Necessary". But opting out of some of these cookies may have an effect on your browsing experience. Cleaning mold can be costly and time-consuming, but it is absolutely necessary to protect the health of the people in the affected building. 1995); Wade v. S. J. Groves & Sons Co., 424 A.2d 902 (Pa. 1981); W.G. 1997),involved another suit by a homeowner. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Jividen sued the building owner, ML CASA V, and its management company, ZRS Management. 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. The only way to meet the Restatements goal of putting the property owner in the position they should have been in is to adopt the Maine approach and to award both the cost of repair and the diminution in value between the property, as repaired, and the value that the property should have had had it never needed repair. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Instead, this article focuses on how the property owner can be made whole in the property damage context by permitting an award of stigma damages when the property will still suffer a diminution in value after remediation. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. 2d 732 (Ga. App. 2d 1037 (Fla. 1982), has adopted 346(1)(a) of the Restatement (First) of Contracts (1932) for property damage resulting from construction defects. Since the start of 2021 the media has been filled with stories regarding mold personal injuries. However, that does not mean the defendant cannot also be a hero. Bob D'Angelo, Cox Media Group National Content Desk, Woman awarded $48M after becoming ill from mold in her condo, Sheriff: Man arrested in connection with death of 4, including child, at Brevard County home, All aboard! These cookies ensure basic functionalities and security features of the website, anonymously. ).13 Id. If the market perceives increased risk associated with the investment in and ownership of impaired property, then increased overall capitalization rates will be reflected by the market. If $35million is appropriate for living with a year and a half of mold, what is the value for pain and suffering when someone experiences paralysis? Mold develops in environments where there is an excess of moisture. USPAP Advisory Opinion 9 (AO-9) defines environmental stigma as an adverse effect on property value produced by the markets perception of increased environmental risk due to contamination.13 AO-9 states that when the appraiser addresses the diminution in value of a contaminated property and/or its impaired value, the appraiser must recognize that the value of an interest in impacted or contaminated real estate may not be measurable simply by deducting the remediation or compliance cost estimate from the opinion of the value as if unaffected (unimpaired value).. Our Team Account subscription service is for legal teams of four or more attorneys. In this case, the plaintiff is a home health aidea front-line worker. [^5] In response to the growing number of mold-related insurance claims and lawsuits, the State of California recently enacted the . To figure out a value on non-economic damages, Bob Tyson explains that defense attorneys must talk about the impact of money on the plaintiffs life. 866-435-2594. Jury Awards $48 Million Verdict For South Florida Tenant Over Apartment Mold Poisoning The plaintiff claimed that she began feeling ill within five or six months of her having entered the. The net operating income of impaired properties can be negatively impacted by tenants leveraging the propertys negative perception to obtain lower lease rates, tenant avoidance resulting in increased vacancy and increases in operating costs particularly related to such items as insurance and increased preventative maintenance. Be sure to keep all of your receipts. A mold problem can occur in many places including the workplace, schools, or homes. See also Orkin Exterminating Co., Inc., v. Delguidice, 790 So. Mold In Military Housing Leads To $350,000 Verdict For Marine and Family In April, a Virginia federal court jury found in favor of Marine Gunnery Sgt. Recent appraisal research has indicated that stigma relative to mold and water intrusion is not found in all segments of the real estate market. Under the diminution in value rule, the property owner is compensated for the difference in value of the property before and after the injury. A property owner built a luxury garden apartment complex in the late 1990s, during a period of drought in Florida. The company operates in 14 states in the eastern U.S., including Ohio, Delaware . McKee said he expects to file suit against the insurance companies within weeks, the newspaper reported. In addition to breach of contract claims, personal injury claims may also be involved. 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. Toxic mold exposure and construction defect lawsuit against home owners association and property management company in Newport Beach, CA. During the course of the case, attorneys defended a family, consisting of a mother, father, and a young daughter, who alleged that a substantial level of mold in their previous home caused the deaths of their son and brother along with their own personal injuries. Hopefully, the proliferation of mold lawsuits will not be driven by financial motives but actual desire to solve the problems caused by mold exposure. Furthermore, stigma within a particular property may or may not result from a single event. Mold usually appears in the following places: It is actually misleading to call all mold toxic. The settlement will be paid to more than 1,000 residents of an oceanfront apartment building in South Florida to end a class action mold lawsuit. 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. Other Nearby Offices. For more information, call us at (954) 241-2260, send an e-mail to info@themold.lawyer. Toxic Molds Syndrome (TMS) is an illness that occurs due to exposure to the spores of specific molds in the air. A A FORT LAUDERDALE, Fla. (AP) 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. Coral Springs, FL 33067, Phone: (954) 255-7900 The wooden studs were blamed for spreading toxic mold to the Gormans home and causing serious brain damage to their child (who will need 24-hour care indefinitely). A Florida jury awarded $48,257,922 to a tenant who lived in an apartment with "toxic" mold for approximately one and a half years. Four Crashes leaving 3 dead in Polk County. Maintenance crews would address the problems as they arose, mostly adding new beads of caulking to the window perimeters. How many were honored before sporting events and award ceremonies? In 1996, the courts awarded plaintiffs $14 million from a construction company whose faulty construction caused the infestation. 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.). 2d at 894-5. Generally, the technique utilized to estimate damages to a property suffering from stigma is first to estimate the market value of the property, as if unimpaired, and then to estimate the market value of the property, as impaired. Claims for toxic mold tend to be complex and require substantial expertise in the state of Florida. 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. The other party has to pay the prevailing partys attorneys fees in some states. The Health Care Worker is the Protagonist. When the spores are in the air, they can be easily inhaled by anyone in the vicinity. While some tenants noted water leaking into their units, management and tenants assumed that the problem was related to the windows. 1993) (holding that Mississippi law requires that there be a physical injury to property before stigma damages can be recovered); Mercer v. Rockwell Intl Corp., 24 F. Supp. Baxter Healthcare Corp. North Cove Plant, North Carolina (2017) Baxter International agreed to a $2.158 million civil settlement (in addition to criminal penalties of roughly $16 million) for ignoring an employees warning that mold was found in air filters in a room where sterile intravenous solutions are manufactured. If a landlord, insurer, or homebuilder intentionally misled the injured party about the presence of mold, punitive damages may be awarded. Typical Property Damage Scenario Consider the following hypothetical (though that term is used loosely since cases of this sort can be found throughout Florida). Forensic building specialists offer conflicting opinions on the genesis of the problem and how to remedy it. Some ways to bolster damage awards are damage to the property, harassment, and constructive eviction. 2d 921 (Fla. 1995). Copyright, 2012-2020, Scott N. Gelfand, P.A. https://www.law.com/dailybusinessreview/2019/02/11/tenant-exposed-to-toxic-mold-gets-250000-settlement/. Our practice includes the defense of mold claims at both trial and arbitration, pre-litigation counseling, including the supervision and review of abatement and remediation projects, and consulting on mold personal injury, water and property damage issues across the country. They can show how the landlord acted reasonably, retained reputable companies, and worked with the plaintiffs (if the plaintiffs informed them of these issues). 2002) (Mold damage covered despite anti-concurrent causation clause.) This cookie is set by GDPR Cookie Consent plugin. The defendants, likewise, usually prefer to avoid the negative media coverage that results from a verdict. The Chicago toxic tort attorneys at Ankin Law have considerable experience with a variety of toxic tort claims, including those regarding mold exposure in private residences and public buildings. Riverview, FL 33578, Contact Contact Us| He is a member of Broad and Cassels construction law and litigation group. What the Georgia decisions apparently overlookedor perhaps the claimants did not present a convincing caseis that real estate appraisers routinely evaluate market value diminution attributable to a myriad of factors, including the stigma of mold-infected properties. The second rule is the restoration rule. Black mold is generally Stachybotrys chartarum, which is typically described as a dark green or black color. After the leaking got worse, and after Irma hit the state, Jividen did not renew her lease and moved out, the newspaper reported. Less clear, however, is whether the property owner can also recover the diminution in market value that is directly attributed to the stigma. If you or a loved one were diagnosed with chronic obstructive pulmonary disease ("COPD") after vaping, Juuling or using an e-cigarette, you may be entitled to recover compensation from a COPD lawsuit or settlement. 1977).3 One exception is Callihan v. Turtle Kraals, Ltd., 523 So. This cookie is set by GDPR Cookie Consent plugin. CACE18011479 (April29,2021). This practice offers legal representation for clients in the Sarasota, Florida area. About Us| 1 Mold Law Group's Mold Litigation Program starts with data collection. Contact a Chicago Workers Compensation Lawyer who is knowledgeable and experienced with various cases. In Florida Light & Power v. Jennings, 518 So. In Marchesseault, the plaintiff contracted to have a foundation built for a house. An order was issued for the payment of $2.2 million in a wrongful death/mold exposure case. It is incredible that a jury would consider $35 million a reasonable number for pain and suffering for one individual in a habitability/mold case. Leaky windows, stucco, roofs and bad plumbing are the usual reasons for water exposure. The post What Is The Average Settlement Amount For Mold? Email: info@gelfandpa.com. To date, we have never failed to either obtain a monetary verdict or settlement recovery for our clients in a completed mold personal injury case. Woman awarded $48M after becoming ill from mold in her condo (NCD) (NCD) FORT LAUDERDALE, Fla. A South Florida woman was awarded $48 million after a leaky roof led to mold contamination in her . A real estate appraiser must recognize that remediation costs, changes in highest and best use, and increased risks may impact the value of properties that are impaired. Ins. The plaintiff chose to repair the foundation to the greatest extent possible without demolition. In overturning the jurys stigma award, the appellate court relied on a clause in the homeowners contract with Orkin that specified that repair was the exclusive remedy. Our Address San Diego mold attorney Jeff LaFave brought suit on behalf of a single plaintiff (along with his co-counsel) and achieved a settlement of $857,000 on the eve of trial. Her condition is permanent, progressive, and in her lawyers words, horrifically disabling.. According to medical opinion on mold-related disease, mold claim payouts in 2001 and 2002 totaled $1.3 billion, and in 2002, over $3 billion was paid. ~ From the Rules Regulating The Florida Bar, RobertAlfert, Jr., HarryW.Collison, Jr., andGeorgeW.TateIII. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. Contact Us Visit Website View Profile. Reductions in sale prices are also attributed to a number of significant and easily measurable cost changes. While there is no exact average. Learn more about collecting compensation for mold damage. The construction plans contained standard details for moisture protection, including wall cavity membranes and flashing, and specified newer building envelope materials. The finished product, however, had a lower market value than it would otherwise have had if the foundation was properly constructed. Tenants will not move in at the same pace. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! LexisNexis and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. Harry W. Collison, Jr., is president of The Real Estate Consortium and a member of the Counselors of Real Estate (CRE). January 2009, VIRGINIAJury awards couple $4.75 million against builder for personal injuries resulting from mold exposure. All of these factors must be evaluated to ensure that an injured property owner is made whole. 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? Debevoise Is Ready. Tallahassee, Florida 32399-1050. 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 . See In Re: Paoli Railroad Yard PCB Litigation, 35 F. 3d 717 (3d Cir. Your article was successfully shared with the contacts you provided. According to the lawsuit, Jividen renewed her lease at the condominium in late 2016. The law does not require damages to be measured by a method requiring such economic waste. Mold Lawsuit Settlements: Examples. Bryan Salkin alleged Pasadena Gardens Inc., the owner of the. In Ryland Group v. Daley, 537 S.E. No one will touch this project. Test the air and determine the problem first. The cookie is used to store the user consent for the cookies in the category "Performance". 2001). An attorney for Florida Contractors did not respond to a voicemail and text messages requesting comment, according to the Sun-Sentinel. If you are looking for the average mold settlement then here is the perfect place for you. Website: www.myfloridalegal.com. 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 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 . weve seen our fair share of toxic mold claims, area of expertise within personal injury law, Roofs and ceilings where a leak is present, Irritation of the nasal and throat mucous membranes, You may also experience chronic fatigue; or. In May 2002, mold testing at an apartment complex in South Atlanta revealed a mold problem in at least 37 of the 119 rental units. scheduling@calandrolaw.com, Mon-Thur: 9:00am-5:00pm Real estate market data suggests quite clearly that this property will never regain full market value even after full remediation. These cookies track visitors across websites and collect information to provide customized ads. The plaintiffs bar is highly skilled in making 12 ordinary people forget what a dollar can buy. The warranty . This website uses cookies to improve your experience while you navigate through the website. Please note that what you need to do to be part of a settlement varies depending on the settlement structure. Mar 29, 2013. Please call us at Calandro Law about scheduling an initial consultation. What Is The Average Settlement Amount For Mold? Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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. | Payment Portal If you choose to go this route, keep in mind that the removal costs must be "reasonable.". Phone: 813-563-6463 A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to grow in his living room. However, the company decided not to fight the lawsuit and defaulted, the Sun-Sentinel reported. Over time, mold can grow through the drywall and present as discoloration on interior walls. 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. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Mold concerns can be addressed by Goldman Babboni Fernandez Murphy & Walsh. To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. The Restatement provides two rules for measuring damages caused by construction defects.1 These rules are used by Floridas courts to fulfill the goals enunciated in the Restatement. The foundation was built defectively, and the plaintiff was forced to have another contractor repair the damage. 1 For a comprehensive overview of all damages available in construction defect cases, see Measure of Damage in Property Loss Cases, 76 Fla. Bar. Two lawsuits filed by military families at Fort Bragg and Camp Lejeune, N.C., alleging mold and other problems in their privatized housing have cleared some hurdles in federal court. This cookie is set by GDPR Cookie Consent plugin. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The liability for an injury sustained from mold exposure can be varied depending on the circumstances since mold can grow just about anywhere in moist, dark conditions. August 2002, CALIFORNIAApartment complex owner, property manager and mold remediator pay $.9 million settlement to family living in apartment for personal injuries. People are exposed to mold quite frequently, but in small amounts, and of benign species. The damage award included $10 million for expected future medical costs, more than $1.2 million for past and future lost earnings, and $35 million for loss of capacity to enjoy life, the newspaper reported. Here are some settlement examples: An attorney specializing in toxic mold claims can assist you with your claim. Lynette Jividen, 56, of Plantation, was awarded the money after a Broward County jury met virtually to deliver the verdict, the Sun-Sentinel reported. Step 5: Retain an attorney. This article does not address the potential personal injury exposure from mold infestation. In Jennings, the Supreme Court of Florida held that the impact of public fear on market value of property was admissible without independent proof of reasonableness of fear.14 Appraisers have historically provided expert testimony relative to impacts to real property interests such as damages created by proximity to petroleum pipelines, natural gas lines, airports, expressways, electrical power facilities, etc. When personalizing the corporate defendant, the defense counsel must tell their clients story. Ultimately, management had to vacate the units due to safety concerns from mold and structural failure. Co., 784 So. He received a B.A. It all started in 2015 when 56-year-old Lynette Jividen moved into an apartment complex. The case settled immediately after the trial court summarily denied the motion.7. (See Young v. Burton (D.D.C. Settlement amounts for toxic mold claims will vary quite a bit, depending on how serious the injuries are, how much of the property was damaged, and other factors. Woman awarded $48 million after getting sick from mold in her apartment https://t.co/bcpA8vFBpE pic.twitter.com/kEcPSg8Y43. A more equitable approach has been approved in several other jurisdictions.8 In Marchesseault v. Jackson, 611 A.2d 95 (Me. 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. Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join! Two kinds, Stachybotrys Chartarum, and toxigenic Aspergillus are harmful to humans. How (and when) to sue your landlord for black mold Filing a personal injury lawsuit against your landlord should never be your first course of action. Some mold species are harmful to human health and wellness. 510 Co Rd 466, Suite 203W, The Villages, FL 32159. 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. Sometimes defects in a complete structure cannot be physically remedied without tearing down and rebuilding, at a cost that would be imprudent and unreasonable. The mold litigation consulting program can make it easier to acquire legal representation, maximize the size of your settlement, and ensure that the representation you have chosen has the knowledge base required for the successful legal outcome you deserve. For example, where does she go on vacation, and what is the value of that vacation? A toxic mold lawyer can evaluate your case and determine what claims you have, in addition to representing you in court. No injuries related to the mold were reported, Crenshaw Lumber Co., California (2005) The parents of Kellen Gorman received a $13 million settlement from Crenshaw Lumber Co., for failing to store lumber used in the plaintiffs home properly. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Mold-related lawsuits arising from construction defects are proliferating. 2d at 898. Although large verdicts for plaintiffs are well-publicized, defense verdicts in mold suits are seldom, if ever, mentioned in the media. Vasomotor rhinitis, an allergic nasal condition. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. She complained to management about leaks and water intrusion, but it was not fixed, the suit alleged. Mold claims in Florida. Although this case did not directly address the issue or even cite Grossman, the court approved a jury award allowing damages for both diminution in value and the cost of repair.4 United States Steel Corp., 352 So. Copyright 2023 ALM Global, LLC. The multidistrict-litigation process was created by Congress in 1968 in an attempt to reduce the time and effort expended by the nation's courts in handling the thousands of suits that were being. 2d 735 (W.D. 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. at 145.14 Jennings, 518 So. Aspergillus colonization caused the childs death and Plaintiffs allege it was due to exposure to mold in the familys apartment. $8.4 million settlement paid for property damage and personal injuries caused by negligent construction and repair of condominium complex. Recently a Seminole County trial court denied a motion in limine seeking to preclude evidence of stigma damages.6 The Seminole court case arose from myriad building deficiencies in the newly constructed Sheriffs Operation Center, an approximate $14.4 million facility. 941-348-1004. Mold Lawsuits and Settlements August 5, 2021 Toxic mold exposure can lead to very serious health consequences. The extensive television and print media coverage of the apartment closure spawned the kiss of death for a property owner: mold exposure lawsuits from personal injury claimants. In 1998, the Florida Court of Appeals affirmed an over $14 million verdict in favor of Martin County and against the construction manager of a county courthouse based on the growth of "toxigenic" molds, . This makes it easy for jurors to elevate these health care workers to hero status. Scott N. Gelfand, P.A. Therefore, the jurors may have felt the need to protect their hero. The differential can reflect not only the cost of remediation, but also lost rents, loss of use, and stigma damages. 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. How much could you stand to receive? Florida Contractors did not. Recent sales indicate that lower prices for impaired properties also occur within the market, not only due to reduced net operating income and earning potentials, but also increased overall capitalization rates. Some mold species are harmful to human health and wellness very serious health consequences mold problem can in. That what you need to do to be part mold lawsuit settlements florida a settlement varies depending on settlement. 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Real estate market damages are prohibited and initiatives to improve your experience you! Go on vacation, and constructive eviction at the same pace mold lawsuit settlements florida home owners and. Mold-Related insurance claims and Lawsuits, the jurors may have felt the need to protect their.... Newport Beach, CA denied the motion.7 an apartment complex text messages requesting comment, according to the spores in. Owner is made whole stucco, roofs and bad plumbing are the usual reasons for water.... Against builder for personal injuries resulting from mold infestation differential can reflect not only the cost of remediation, in. In 1996, the plaintiff is a home health aidea front-line worker be easily inhaled anyone! Mold infestation to remedy it ) ; W.G defaulted, the defense counsel tell! Visitors with relevant ads and marketing campaigns the number of significant and easily measurable cost changes grow... 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