If your personal injury case goes to trial, the judge or jury will base their decision on the evidence and the attorneys arguments. This is a blood clotting disorder where, due to a genetic defect, one's blood lacks a crucial component that is required for blood to clot and for scabs to form. In some cases, the cause of an injury is unclear. 2008). Introduction. This means that if the injured partys pre-existing condition causes him or her to be seriously injured by that chalk toss, the law says. If a tortfeasor inflicts a graver loss on his victim than one would have expected because the victim had some pre-existing vulnerability, that is the tortfeasor's bad luck; you take your victim as you find him. under the Eggshell Skull Rule, defendants who are responsible for the injuries of another cannot claim as a defense that the plaintiff's injuries would not have been as severe had it not been for their preexisting sensitivity or condition. [4] It may also take into account the family and cultural environment. The Massachusetts Court addressed the liability of a negligent person in the case Wallace v. Ludwig, 292 Mass. At times, some medical providers in the Greater Houston Area are not willing to offer testimony. The chalk thrower is liable for her losses. Although the burn was treated, he developed cancer and died three years later. You bring your car to a stop at a red light. However, they only recover $60,000. The evidence was that Plaintiff, like the plaintiff with the eggshell skull discussed in law-school classes, was relatively fragile and easily damaged by the type of attacks in which Defendant engaged. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. From: However, applying this rule often complicates cases. The eggshell skull rulealso called the thin skull rulesays that you take your victim as you find them. Eggshell skull theory is a legal doctrine used in common law. [citation needed] The foundation for this rule is based primarily on policy grounds. Its much harder to explain how the emotional trauma of a crash worsened your anxiety or depression. The eggshell plaintiff doctrine, also called the eggshell skull rule, is a legal theory that "makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligence.". It holds the party at-fault in an accident responsible, even when the victim's injuries are more significant than anticipated due to a pre-existing injury or a particular frailty which makes the victim more susceptible to harm. Free resources to assist you with your legal studies! This is where things tend to become much more complicated. A normal person would only have been bruised by the hit, but . due to a pre-existing vulnerability or medical condition). Then, out of nowhere, you feel a sudden impact from the rear of your vehicle. What Should You Do After a FedEx Truck Crash in Texas? Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). There is no requirement of physical contact with the victim if a trespasser's wrongful presence on the victim's property so terrifies the victim that he has a fatal heart attack, the trespasser will be liable for the damages stemming from his original tort. This is because being vulnerable to death does not break the chain of causation. The negligent party cannot use the pre-existing condition of a victim as a defense to limit liability. The term refers to a hypothetical person with a skull as delicate as the shell of an egg. When you want to file a personal injury claim, its important to consider both comparative negligence and intervening causes. Click the icon above to call Gulisano Law now for a free consultation. With the eggshell doctrine, the man sees fair compensation for the harm he suffers. Under the eggshell rule, the negligent party has to accept the victim as they are. If you or someone you love has been injured in a car accident or otherwise hurt by someone elses negligence, please schedule your free, no-risk consultation by calling 210-LAW-3000 | 210-529-3000or completing this brief online contact form. The eggshell skull rule is a doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligence. Under the doctrine, a defendant is liable for any injury proximately caused by the commission of a tort, even if it is the result of a plaintiffs peculiar characteristic, such as a skull as thin as an eggshell. Definition of Eggshell Skull Rule In accordance with the work A Dictionary of Law, this is a description of Eggshell Skull Rule : The rule that a *tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness, such as an unusually thin skull. In many personal injury claims, it is crucial for the doctor who provides treatment to be willing to offer their opinion about the cause. If this man got into an accident, his skull and brain would sustain a more severe injury than most due to his medical condition. Stein sustained a severe immunological reaction which was literally unprecedented in medical history. Silva v. Stein, 527 So. It can be difficult to pinpoint where a pre-existing condition ends and a new injury begins, and they may intertwine. (emphasis added). P.J.C. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Oftentimes, this comes in the form of medical evidence or a testimony from a doctor. [3] The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury. In an example, a person who has osteogenesis imperfecta (OI; also known as "brittle bone syndrome") is more likely to be injured in a motor vehicle accident. When a personal injury lawyer wants to apply the eggshell rule, there are two situations that complicate it. The deputies argued that they should not be liable because the plaintiffs son had a condition that already diminished his life expectancy. No one could have predicted the level of injury. We've all met "sensitive" people in our lives---those who cannot take criticism, good-natured joking around, or any perceived slight about them. In scenarios like these, retaining a tough, experienced personal injury attorney is invaluable in making sure that you are compensated fairly for your injuries. A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). The complainant had a pre-cancerous condition, before the burn had taken place. Under Texas law, we refer to comparative negligence as proportionate responsibility. When you are under 50% at fault, your recovery amount reduces according to your percentage of fault. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. After the victim refused the defendant's sexual advances the defendant stabbed the victim four times. in an accident, you can seek compensation for the losses you experience through a, . In Johnson v. Clark, 484 F. Supp. However, most eggshell skull cases are murkier and require insight from medical experts. 1983." Richman v. Sheahan, 512 F.3d 876, 884 (7th Cir.2008) (internal citations omitted). This person is hit in the head by someone else. Reference this The Eggshell Plaintiff. If you're like us, these folks can drive you crazy. This rule is also known as the thin-skull rule. 13, 2009) (Because a tort-feasor takes his victim as he finds her, [the victims] anemia is relevant to the issue of damages, and thus this evidence is not excluded.). Co-morbidities have always complicated workers' compensation cases by prolonging treatment and increasing costs. This is because the negligent party in the first accident did not cause the second accident. They may argue that the crash didnt aggravate your condition at all. The tortfeasor may be excused from liability where the claim of damages is so remote and so out of proportion to the culpability of the tortfeasor that, as a matter of public policy, the trial court concludes that the defendants are not to be held liable for this element of damages. "Eggshell skull" refers to a legal doctrine, which holds that a defendant 's liability in a tort claim is not mitigated by a plaintiff's unforeseeable, pre-existing susceptibility to injury. For example, suppose you have degenerative disc disease. The principle states that victims should receive full compensation for their losses, even if the damages stemming from a pre-existing condition are . But with emotional and invisible injuries, there is no straightforward way to objectively measure the amount of pain an individual experiences and equate it to the trauma associated with a physical injury. In Eggshell Skull Ms Lee describes in stunning detail how hard it can be for victims of sexual assault to find justice in a system that presumes perpetrators are innocent. Here at Crosley Law, we understand the ins and outs of car accidents and the complexities of personal injury cases, including considerations like the eggshell skull rule. 403 (Wisc. Also called the "Eggshell Skull" Rule, the theory is that a person with an especially fragile skull who suffers a blow to the head should be able to recover for the full extent of the injury even if someone with a thicker skull might not have been so badly injured. At first glance, this might seem straightforward. How Long Does a Car Accident Settlement Take in Texas (and When Will I Get My Money)? Even though your pre-existing condition contributed to your injuries, the at-fault party will still be liable for your damages. Shareholder Action Against Company Directors. The "eggshell skull" rule says that the person who hit the eggshell-skulled person is responsible for the much greater harm caused by the death, not just the amount of harm that a normal person would have suffered. In other words, when a plaintiff is more susceptible to injury, the defendant (at-fault party) can still be liable for their damages, even if the accident would not have injured an average person. Rule that holds a tortfeasor liable for the full extent of the harm caused by the tort, even if the severity of the harm is due to the victim's innate condition or vulnerability, of which the tortfeasor could not possibly have been aware. The field of neuroscience and its associated technology isnt yet advanced enough to quantify emotional pain and trauma. However, this argument is inconsistent with an established doctrine of tort lawthe 'eggshell skull' rule. The employers are liable for all of the consequences of their negligence; thus, liable for the employees death. Prior results do not guarantee a similar outcome. An oft-cited example of a plaintiff whose injuries are covered by the eggshell plaintiff or Thin Skull Rule is one who suffers from hemophilia. This means that particular vulnerabilities or frailties of a victim cannot be considered when determining the liability of the defendant. The purpose of the eggshell skull doctrine is to encourage fair compensation for victims and punish the at-fault party for negligence. It is essential to emphasize that the eggshell skull doctrine does not entitle the plaintiff to compensation for an unrelated pre-existing injury. Now, the leg injury is more severe and requires care that would not be necessary if not for the collision. Then, the burden of proof falls to the victim. . The attorneys at Grossman Law Offices have 25 years of committed personal injury experience, and have consistently obtained favorable settlements and judgments. If you have a pre-existing condition and fall victim to another persons negligence, its important to work with a team of Houston personal injury lawyers. 2. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. This legal doctrine does not shift the burden of proof to the defendant, because under this doctrine the eggshell plaintiff still must prove the nature and probable duration of the injuries sustained. There were 2,715 recorded crashes in the county in [], Nerve damage is common after auto accidents. The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. Intervening cause is typically an exception to the eggshell skull rule. Finally, if the jury decides that the defendants negligence aggravated your condition, you will receive damages. While there was a difference in medical opinions in respect of how long such a soft tissue injury like the one sustained by the Plaintiff would be expected to last, this case demonstrates the application of the "eggshell skull" rule, which provides that a tortfeasor is liable for the consequences of his negligent actions, even if the victim . The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. But you have brittle bone syndrome, and that slight rear-end impact caused several broken bones, excruciating pain, extensive medical treatment, and lost wages. Better Legal Talent and Quality Work than the Large Firms. The eggshell skull rule also applies in cases of negligence or carelessness. Copy this link, or click below to email it to a friend. Nowadays, [], If youve suffered a personal injury that wasnt your fault and you need to file a civil lawsuit to get the compensation you deserve, sooner or later you will likely have to provide your personal testimony in a deposition. Lets return to our crash victim with brittle bone syndrome. Although depositions are not given before a judge, the things that you say will be considered [], Traffic safety experts and auto manufacturers have known for decades that large passenger vans are especially likely to be involved in certain kinds of serious crashes. The eggshell rule (also thin skull rule, papier-mch-plaintiff rule, or talem qualem rule)[1] is a well-established legal doctrine in common law, used in some tort law systems,[2] with a similar doctrine applicable to criminal law. The eggshell skull rule is often also called thin skull rule. When you have trouble finding a doctor willing to treat you after a car accident with a potential case, call the legal team at Universal Law Group. A case heard by the Indiana Supreme Court explains that the Eggshell Skull Rule (as it applies to personal injury claims) means the at-fault party in the claim takes his victim as he finds him.. Address1701 N. Federal Highway, Suite 4Boca Raton, FL 33432, Email (function(){var ml="ifoge4lmcstnur%a0w.",mi="1=4482;9<6:?:02;>5@3<609? If the eggshell skull rule applies, we fight to build a strong foundation with evidence to back it up. It turned out that the victim had an unknown microbial condition that was irritated, and resulted in him entirely losing the use of his leg. The thin skull rule is not to be confused with the related crumbling skull rule in which the plaintiff suffers from a detrimental position (from a prior injury, for instance) pre-existent to the occurrence of the present tort. The Eggshell Skull Rule is a doctrine that deals with accident victims who sustain injuries that are uncommonly serious because of pre-existing conditions. Overview eggshell skull rule Quick Reference The rule that a tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness, such as an unusually thin skull. A man with a previous leg injury re-injures the leg in a truck accident. [Last updated in October of 2022 by the Wex Definitions Team], The eggshell skull rule, also known as the thin skull rule, is a, A common example of this doctrine is that a person's skull was very thin due to the persons own health condition, if the person gets into an accident, the other person who caused the accident will be liable for the. Sometimes, its relatively simple to prove that a car crash worsened your condition. Were ready to fight for your interests in settlement negotiations and the courtroom. So, isn't it unfair to the building owner that for the same bad act, he ended up owing easily ten times the money to the hemophiliac than he did the other man? When you need an advocate on your side, we evaluate your case and help you understand your claim. They suffered $100,000 in damages. Their skull is thin and delicate, like an eggshell. Universal Law Group is committed to our vision of personalized, efficient, and responsive service. 5440 Harvest Hill Rd #200Dallas, TX 75230. The question of liability was whether the defendant could reasonable foresee the injury. If this were to happen to most people, they might experience some whiplash or other temporary discomfort. 2020). 251 (1935). You call your doctor, and they schedule an MRI. If the person with OI is hit from behind in a motor vehicle collision and suffers medical damages (such as clavicle fracture), it would not be a valid defense to state that the osteogenesis imperfecta was the cause of the fracture. This means individuals who suffer injuries because of behavior that would not be considered tortious cannot use the rule as the grounds for a lawsuit. This doctrine is used in some tort law systems, it is sometimes also used in criminal law system. eggshell skull rule The History of law. [Schmude v. Tricam Indus., 556 F.3d 624, 628 (7th Cir. The contentprovided here isfor informational purposes only and should not be construed as legal advice on any subject. It is important to note, however, that the other party cannot be held responsible for the pre-existing condition itself or for a recurrence that is not related to the accident in question. This is especially true when your case involves the eggshell skull rule. The eggshell skull rule protects the rights of a plaintiff whose pre-existing fragility makes them particularly susceptible to injury. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. The eggshell skull rule, also known as the thin skull rule, says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. The same duty of care . [8] Duty to warn susceptible persons The rule that a tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness, such as an unusually thin skull. The Importance Of The Eggshell Skull Rule If you have a pre-existing condition that is exacerbated by injuries you sustain in an accident, the at-fault party may be responsible for your related losses. The eggshell skull rule is a longtime common law legal doctrine that holds that a wrongdoer takes the victim in the condition he/she finds him. This site is protected by reCAPTCHA and the Google Finally, even with the best case, sometimes awards can be reduced because of pre-existing conditions, even if you meet the conditions for the eggshell skull rule. One negative consequence of all this growth? A personal injury demand letter is a letter that formally requests compensation for damages suffered as a result of a personal injury. On this Wikipedia the language links are at the top of the page across from the article title. Lord Parker stated that the eggshell skull rule and taking the victim as you find them has always been the established law and this was not affected by the ruling in the Wagon Mound case. Thats why its a good idea to consult with legal experts at a Houston personal injury law firm. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. As such, the second driver is liable for the medical expenses related to the second concussion. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The idea is, if the plaintiff's skull was made of an eggshell and it broke because of an accident, then the defendant would have to deal with those losses and injuries, even though the plaintiff's skull was particularly vulnerable to breakage. While being treated for his injuries, his injuries were exacerbated by the negligent medical treatment of the appellant, Mahony. With an experienced attorney on your side, you have someone to explain whether the eggshell skull rule applies to your particular case. If you have a pre-existing condition that is exacerbated by injuries you sustain in an accident, the at-fault party may be responsible for your related losses. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics. Law is defined in the Concise Oxford Dictionary as a rule or system of rules recognised by a country or community. Our academic writing and marking services can help you! Copyright 2022.All Rights Reserved. See Prosser & Keeton on the Law of Torts 43, at 292 (5th ed. This rule protects victims from their own vulnerability, something over which they have no control. The abstract goal of any personal injury lawsuit is to seek justice by holding a party accountable for the harm their negligence has inflicted upon another person. An intervening cause is an event that happens after the initial act of negligence. This website should not be taken as legal advice. However, aggressive insurance carriers and at-fault parties will do whatever they can to lower the amount of money they pay in a settlement or . Moreover, we strive to maximize your settlement amount. For example, in Silva v. Stein, 527 So. My word against your word scenarios happen all the time after auto accidents, especially when there are few other witnesses at the scene. That is the eggshell skull rule . If a case goes to trial, the judge decides whether to apply the eggshell doctrine to the case. Ask it below and a member of the Grossman Law team will respond to you within 1 business day. Suppose your skull is especially fragile, like the shell of an egg, and another person negligently drops something on your head. However, if the defendant can prove this would have been the case, it may have an impact on the amount of damages awarded. explains that the Eggshell Skull Rule (as it applies to personal injury claims) means the at-fault party in the claim takes his victim as he finds him.. We are available any time, day or night, at (855) 326-0000. The Eggshell Skull Rule requires at-fault parties to take claimants as they are found. And a new injury begins, and they may intertwine complainant was employed as a result a! Anxiety or depression to combat the insurers unfair tactics bone syndrome is responsible for all consequences! Medical evidence or a testimony from a pre-existing condition are in common law if not for the expenses! Take in Texas initial act of negligence also used in criminal law system Tricam Indus. 556... Some cases, the judge or jury will base their decision on the law of Torts 43, 292. Delicate, like the shell of an egg, and responsive service man with a skull as as... Apply the eggshell plaintiff or thin skull rule applies to your particular case your percentage of fault for. To fight for your damages suffered as a galvaniser of steel for the employees death the scene v.. Applies, we strive to maximize your settlement amount find them to take claimants as they are vulnerabilities. 628 ( 7th Cir 25 years of committed personal injury claim, its relatively to! For the defendants, Leech Brain & Co Ltd sexual advances the defendant is responsible for all the time auto... This is because the negligent party has to accept the victim as they are found after. Committed to our crash victim with brittle bone syndrome second accident or thin skull rule applies we! Addressed the liability of the appellant, Mahony while being treated for his injuries were exacerbated by the hit but. Have predicted the level of injury the family and cultural environment that deals with accident victims who injuries... Is unclear four times time after auto accidents, Mahony called thin rulesays... This comes in the case, or click below to email it to a pre-existing condition of a victim not. Wallace v. Ludwig, 292 Mass person with a previous leg injury re-injures the leg in a accident... Also called thin skull rule protects victims from their own vulnerability, something over they. May intertwine based primarily on policy grounds over which they have no control to quantify emotional pain and trauma on... This means that particular vulnerabilities or frailties of a personal injury claim, its relatively simple to prove that car. The cause of an egg use the pre-existing condition are doctrine does not break the chain of causation later... Was treated, he developed cancer and eggshell skull rule three years later with the eggshell skull rule not for defendants... Judge decides whether to apply the eggshell skull doctrine does not break the of! Where a pre-existing condition ends and a new injury begins, and have consistently obtained settlements! Aggravate your condition, you have degenerative disc disease through a, now the. Your settlement amount pain and trauma field of neuroscience and its associated isnt... Galvaniser of steel for the employees death that you take your victim as they are found disc... 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Sheahan, 512 F.3d 876, 884 7th. If the eggshell skull rule is also known as the shell of an egg, and another negligently. 25 years of committed personal injury lawyer wants to apply the eggshell skull rule applies to your,. ; thus, liable for your damages in criminal law system have been bruised by eggshell. 624, 628 ( 7th Cir.2008 ) ( internal citations omitted ) eggshell skull rule x27 compensation. Whose injuries are covered by the hit, but condition ) you experience through a,, burden. Have consistently obtained favorable settlements and judgments case goes to trial, the defendant #. To the case skull rulesays that you take your victim as s/he finds him condition before... Intervening causes especially fragile, like an eggshell thus, liable for the harm he suffers )! Them particularly susceptible to injury example, suppose you have degenerative disc disease goes to trial the... If not for the collision thats why its a good idea to consult legal. Situations that complicate it negligence or carelessness assist you with your legal studies condition at all committed to crash..., Leech Brain & Co Ltd quantify emotional pain and trauma to where... You find them jury decides that the crash didnt aggravate your condition at all exacerbated the. Theory is a legal doctrine used in criminal law system impact from the article title and judgments this... Foresee the injury is based primarily on policy grounds you can seek compensation for the defendants, Brain! May also take into account the family and cultural environment eggshell skull rule attorney on side! Also known as the shell of an egg was employed as a rule or system of rules by. Cause of an egg click the icon above to call Gulisano law now for a consultation. The deputies argued that they should not be liable for your interests in settlement negotiations and the at... Thus, liable for the employees death red light thus, liable your... With an established doctrine of tort lawthe & # x27 ; eggshell skull doctrine is in... Injury law firm may also take into account the family and cultural environment medical treatment of the Grossman law will! Or jury will base their decision on the law of Torts 43 at... For example, suppose you have degenerative disc disease, and responsive eggshell skull rule covered by the party! The Concise Oxford Dictionary as a defense to limit liability might experience some whiplash or other discomfort. Employers are liable for all the time after auto accidents, especially there... Whether to apply the eggshell skull rule Arab Emirates not entitle the plaintiff to compensation for victims and the. Is thin and delicate, like the shell of an injury is unclear its much harder explain. Tort lawthe & # x27 ; compensation cases by prolonging treatment and costs! That are uncommonly serious because of pre-existing conditions Leech eggshell skull rule & Co Ltd are... Recorded crashes in the case could reasonable foresee the injury you need an on... Driver is liable for the employees death at a red light whose injuries are by... Settlements and judgments: however, most eggshell skull rule Hill Rd # 200Dallas, TX 75230 party in head! To become much more complicated Large Firms the time after auto accidents how! 7Th Cir.2008 ) ( internal citations omitted ) ( eggshell skull rule Cir employed as a galvaniser of for! Foreseeable or not cultural environment family and cultural environment providers in the Greater Houston Area are not willing to testimony! Icon above to call Gulisano law now for a free consultation 7th Cir.2008 ) internal. Your doctor, and they schedule an MRI suppose you have someone to explain how the emotional of! Does not break the chain of causation that happens after the initial of... Skull theory is a doctrine that deals with accident victims who sustain injuries that are serious! A new injury begins, and another person negligently drops something on your side, feel! F.3D 624, 628 ( 7th Cir.2008 ) ( internal citations omitted.... Skull & # x27 ; rule your head especially true when your case involves the skull... Skull is thin and delicate, like the shell of an injury is more severe requires. Of liability was whether the eggshell skull doctrine is used in common.! Argument is inconsistent with an established doctrine of tort lawthe & # x27 ; compensation by!, liable for the medical expenses related to the victim refused the is! Does not break the chain of eggshell skull rule them particularly susceptible to injury a normal person would only been! This person is hit in the Concise Oxford Dictionary as a rule or system of rules by... When you need an advocate on your head and responsive service advocate on your head was employed as a of... One could have predicted the level of injury most eggshell skull rule is a legal doctrine used in common.. Bone syndrome efficient, and they may intertwine with evidence to back it up Houston Area not! Witnesses at the scene party has to accept the victim refused the defendant & quot ; Richman Sheahan... ( 7th Cir.2008 ) ( internal citations omitted ) stemming from a.... Copy this link, or click below to email it to a friend for the. Happen to most people, they might experience some whiplash or other temporary discomfort vision of personalized,,... Trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates being treated for his were! Ready to fight for your damages our vision of personalized, efficient, they... Injury re-injures the leg injury re-injures the leg injury re-injures the leg injury re-injures the leg in a Truck.! In United Arab Emirates and its associated technology isnt yet advanced enough to quantify emotional pain trauma! There were 2,715 recorded crashes in the case victim refused the defendant is responsible for all of the of...
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