Woodstock Car Accident Kills One and Blocks Traffic on 575 Southbound

Car Accident Lawyer Woodstock GA

575 Car Crash Kills One and Closes All Lanes in Woodstock Car Crash

Car Accident Lawyer Woodstock GA

A crash on I-575 southbound in Woodstock on Sunday, December 12, 2021, left one dead according to authorities.

While few details regarding the accident have been released, police spokesperson Brittany Page did confirm that the accident was a single vehicle accident and that the accident was fatal. The southbound lanes of I-575 in Woodstock were blocked for nearly two hours while police worked on the accident, causing massive back ups and delays.
Woodstock Police confirmed that the lanes were clear and open just south of Highway 92 at 3:40pm.

 

If you or a loved one have been injured in an accident please contact The Law Offices of Kyle E. Koester at (770) 744-5250. Our thoughts and prayers go out to the victim of this accident, as well as the victim’s family and friends.

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Marietta Car Crash Fatally Injures Pedestrian – Marietta GA

11 Car Pileup Cherokee County

Marietta Car Crash Fatally Injures Pedestrian – Marietta GA 

11 Car Pileup Cherokee County

According to the Marietta Police Department, a fatal accident involving a pedestrian occurred on October 25, 2021, at approximately 8:30 pm. The accident occurred on Cobb Parkway South near the intersection of Trade Center Parkway.

Investigators with the Marietta Police Department have said the accident involved a 70-year-old Marietta resident. The pedestrian was attempting to cross the road outside of a crosswalk and darted out into the roadway directly into the path of oncoming traffic. The pedestrian was hit by a 2010 Dodge Journey. Emergency services were requested, and the pedestrian was rushed to Wellstar Kennestone Hospital by medics. Once at the hospital, the pedestrian passed away as a result of his injuries.

As of October 26, 2021, the crash remains under investigation. Anyone who was in the area at the time and has any information regarding the crash is asked to call the Marietta Police Department’s Selective Traffic Enforcement Program (STEP) investigators at (770) 794-5344.

Everyone at Koester Legal sends their deepest sympathies and condolences to all those impacted by this tragedy.

If you or a loved one has been injured as a pedestrian in car crash please contact the Law Offices of Kyle E. Koester, LLC.

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Several Injured in a 11 Car Collision on I-575 in Cherokee County this Morning

11 Car Pileup Cherokee County

Several Injured In 11 Car Pile Up on I575 

11 Car Pileup Cherokee County

The New Interstate 575 Peach Pass is Convenient for Some, Dangerous for Others.

Early Friday morning, an 11 car pile up occurred in Cherokee County on I575 near Holly Springs causing long delays. Several injuries have been reported, but there are no known fatalities at this time.

The car accident attorneys at The Law Offices of Kyle E. Koester have already received several calls from parties injured in this accident and have opened an investigation into the incident. If you or a loved one were injured in this accident please contact our office immediately at koesterlegal.com or (770) 744-5250.

Please continue to follow our Facebook page for updates on this accident. Our thoughts are with the injured victims and their families and we wish them a full and speedy recovery.

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Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week

Fire Prevention Week

Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week 

Fire Prevention Week

Nobody wants to think about a fire destroying their home and potentially harming their family. This Fire Prevention Week, be sure that your family’s plan for a fire emergency is well practiced and known by all your family members.

 

  1. Ensure everyone in your family knows what the smoke alarm sounds like and the difference between a loud beep (indicating a fire) or a chirp (indicating that the batteries need to be changed right away). All smoke detectors need to be replaced every 10 years.}
  2. Create a home fire escape plan and practice it at least twice a year. Draw a map of the inside of your home and mark where the exits are for each room (including windows and doors).
  3. Make sure that any people with disabilities, older adults or children know the plan and how to get assistance if they need it—use the buddy system! There are special fire alarms to help people with hearing loss who cannot hear the beeping of fire alarms.
  4. Be sure to close doors behind you as you leave to delay the spread of any fire.
  5. Create a meeting place outdoors for the family to go to after leaving the home that is far enough away from your home to ensure safety (a mailbox or road sign).

 

While the colder weather lends itself to bonfires for a nice autumn evening, be sure to follow all county guidelines if hosting a bonfire. Ensure that a water-charged hose is also on hand and ready to be used to extinguish or limit the fire. Always remember to check that it is not too windy to safely have a bonfire.

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A New Georgia Law Changes the Way Drivers Must Approach Bicycles

Bicycle Accident Attorney

A New Georgia Law Changes the Way Drivers Must Approach Bicycles 

Bicycle Accident Injury Attorney Woodstock GA

Using a bicycle to get to and from work or school or as a fun way to burn off some extra calories and see the sights throughout Georgia offers many advantages. Many bike riders, however, have struggled with maintaining a high degree of safety on the roads. In many cases, bicyclists feel unsafe as drivers pass far too close to them, even when they occupy a bike lane or legally occupy a lane of traffic.

A new Georgia law aims to help increase biker safety and increase driver awareness.

The New Georgia Law

  • 40-6-56 (as of July 1, 2021) states:

(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows: 1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or   (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times.

What Does the New Law Mean For Drivers?

When it comes to passing bicycles safely, the new law means several things for Georgia drivers who must share the roads with cyclists.

Increase Awareness

Thanks to the new law, many drivers will find that they need to pay more attention to the other vehicles around them. Bicycles fit a different visual profile than motor vehicles, which may make it harder for the eye to note them as you head out on the road. However, paying careful attention to bicycles can prove critical to your ability to spot them and keep them safe.

Change Lanes if Possible

If you have the option to change lanes as you approach a bicycle and get in a lane that is not directly adjacent to the bicycle, you should do so. In some cases, however, you may not have the option to change lanes. You may, for example, not have a second lane to move into, or heavy traffic may make it impossible for you to change lanes in time, especially if you wait too long to note the bicycle around you and make the change.

Slow Down

If you note that you cannot change lanes safely, you must slow down as you approach the bicycle. The new Georgia law requires drivers to slow down to at least ten miles per hour below the posted speed on the road to pass a bicycle. If the speed limit is 25 miles per hour or less, drivers can continue at their normal rate of speed while passing the bicycle.

Leave Enough Room

Georgia law has always required drivers passing cyclists to allow at least three feet of room when passing the bicycle.  If you do not have room to move over the yellow line before a car in the opposite lane comes up to you, you may need to slow down behind the bicycle and wait until you have adequate passing room.

Sharing the road safely with cyclists has become increasingly important. Each year, bicycle riders account for about 2.2% of motor vehicle deaths. Over the past several years, Georgia has continued to pass resolutions aimed at creating a higher degree of safety for bicyclists and others on the road. Those resolutions have helped bring down cyclist deaths and injuries–and new laws like this help aid Georgia drivers in maintaining safe roads for everyone.

After a Bicycle Accident: What Should You Do?

As a cyclist, you may spend a lot of time out on the road, surrounded by cars. As vehicles whiz by you, you may feel threatened and unsafe. If one of those unsafe drivers causes an accident, you may end up with serious injuries. As a cyclist, there are several steps you can take to protect yourself following a serious accident.

1. Report the accident.

Like a car accident, a bicycle accident should always be reported to the police. Calling 911 will also summon an ambulance to the scene of the accident, if necessary.

2. Seek medical attention immediately.

Even if you think you sustained little more than bumps and bruises, or perhaps some road rash, you should always seek medical attention following any serious bicycle accident. A doctor can help evaluate and document your injuries, then help you get the care you need. Follow all instructions given to you by medical professionals to help you minimize injury and streamline your recovery as much as possible.

3. Collect evidence, if you can.

If possible, you may want to snap a few photos from the scene of the accident. Do not put yourself in danger or worsen your injuries to do so. You may want to document the driver’s license, his vehicle, and any damage to you and your bicycle.

4. Get in touch with an experienced personal injury attorney.

As soon after the accident as possible, contact a personal injury attorney to learn more about your right to compensation. An attorney can help investigate your claim, give you a better idea of the compensation you should expect, and provide you with more information about how to move forward after your accident.

At The Law Offices of Kyle E. Koester, LLC, we focus on helping our clients understand the compensation they deserve and fighting to maximize that compensation. If you suffered serious injuries in a bicycle accident, particularly due to someone breaking these new laws, contact us today.

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How Quickly After an Accident can I Get a Settlement? 

Car Accident Settlement

How Quickly After an Accident can I Get a Settlement? 

Car Accident Settlement

Hitting the road, you never expect to get hit by another car. While traffic deaths nationwide are on the decline, there are still many car accidents that lead to serious injuries, leading to victims having to alter their lives drastically.  

 If you or a loved one has suffered injuries in a car accident, you may be unsure of what comes next. You may also have serious concerns about how you pay your medical bills and get back to your regular life. 

 Many car accident victims believe their insurance company or the insurance company of the at-fault driver will help them in their time of need. The fact is that this isn’t usually the case. 

 Car Accident Injury Costs 

Most auto accident injury victims are unaware of how much money they need to recover for injuries sustained in the accident. Many people are unaware of just how expensive medical care has become today. 

 When you suffer injuries in a car accident, you may require: 

  • Multiple surgeries 
  • Extended hospital stays 
  • Time off work
  • In facility rehabilitation 
  • In home care 
  • Ongoing medical treatment 

 Each of these items greatly increases the potential expenses you face. Even minor injuries can cause tens of thousands of dollars in medical expenses. This is not a burden you should bear. 

 Someone else’s negligence caused your car accident. They should be on the hook for your medical expenses and your lost wages, if you have to spend time out of work because of your injuries. It is in your best interest to talk with an experienced car accident injury lawyer today about how you can hold the negligent party responsible for your expenses. 

 Settlement Offers May Come Fast 

Settlement offers help you move on with your life while also giving you money to cover your medical expenses. But you should meet quick settlement offers from the insurance company with caution. 

 Several days after your accident, the insurance company of the at-fault driver may contact you and offer you a settlement. You want this tragic situation to be a distant memory. Your medical expenses are mounting. The insurance company is ready to take advantage of you. 

 Their initial offer is a lowball offer intended to make you go away for as little money as possible. The insurance company does not share your goals. These companies don’t care whether you pay for your own medical expenses. They want to keep as much money as possible in their pocket. 

 Taking the quick settlement offer is often what the car accident victim does, especially in cases where a lawyer isn’t consulted first. When you sign a settlement agreement, you waive your right to bring any future claims against the insurance company for this accident. Months or years later, when the settlement funds have run dry but you still have bills related to this accident, it will be too late. 

 Negotiating the Right Settlement for You Takes Time 

When you get the first settlement offer, you may be excited. You have anticipation that this terrible life experience will soon be in the past. Unfortunately, that excitement may lead to disappointment when you see the amount of the initial offer. 

 To fully understand what you need to recover, the guidance of a skilled Woodstock Ga car accident injury attorney is invaluable. Together, you can create an accurate estimate of your future needs. You may see your medical bills piling up on the kitchen table, but the vast majority of your medical expenses may come in the future, something many accident victims do not realize. 

 Your lawyer’s relationship with medical experts can be crucial to securing you full compensation. Your lawyer can help you determine what expenses you may have ahead, including lost income from being out of work. Putting all of that together, you can see clearly just how much money you will need to recover from the negligent driver and their insurance company. Nothing is worse than having to spend your own money on medical expenses as a result of an accident that wasn’t your fault. 

 Ultimately, everyone involved is motivated to settle your case. But a lawyer’s job is to make sure the insurance company does not take advantage of you. Some accident victims fear they will not receive a large settlement if they work with a lawyer. You may even be able to recover more money by working with a lawyer; and, a lawyer can speed up the process of settling your case. 

 Through your lawyer’s investigation of your accident, they can present a clear case to the insurance company, showing just how much money it will take for you to recover. Ultimately, the amount of time it takes to settle your case depends on many factors, but most car accident injury cases settle within a few months. The more complex and serious your injuries, the higher your settlement amount may be, and the longer it takes for the settlement to finalize and for you to get your money. 

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Five Tips for Motorcyclists to Stay Safe on I-575/I-75

Motorcycle Accident Attorney

Five Tips for Motorcyclists to Stay Safe on I-575/I-75

motorcycle accidents on 575 Near Cherokee County ga

While motorcycles can be fun and exhilarating, they are also dangerous. When a motorcycle is involved in an accident, a fatality is six times more likely than in a car crash. In fact, Georgia has been noted as one of the states with the highest number of motorcyclists killed in accidents.

The I-575 and I-75 highways are major thoroughfares in Georgia, including through Cherokee County. Unfortunately, they are also common scenes for motorcycle accidents. Read on for some important tips on staying safe on your motorcycle on these highways.

1. Wear Proper Protection

Motorcycle riders are much more susceptible to injury without the protection of the sturdy frame, seatbelts, and airbags that protect drivers of passenger vehicles. Given this, motorcyclists need to be sure to wear proper protection to have the best chances of surviving a crash. Georgia law requires that any person operating a motorcycle wear a helmet. Eye protection is also required if the motorcycle doesn’t have a windshield or windscreen.

In addition to this required protective wear, make sure your arms and legs are covered, preferably with clothing made of leather or heavy denim. You should also make sure to wear boots or shoes that cover your ankles. Consider clothing in bright colors or with reflective material to help make you visible to other drivers. Increasing your visibility will help reduce the risk associated with the smaller footprint of the motorcycle.

2. Avoid Drugs and Alcohol

This tip might seem to go without saying, but it is worth a reminder. Consuming alcohol in an amount that exceeds the legal limit or taking illegal drugs are obvious issues for any person operating a motor vehicle. If you plan on taking your motorcycle out, you should consider avoiding any alcohol consumption and also pay attention to potential side effects associated with prescription medication. To safely ride a motorcycle, the driver needs to have full grasp on all their faculties in order to appropriately balance, control the throttle, and shift gears. They must also be alert and able to react quickly. Any consumption of alcohol or certain medications will reduce your ability to focus on the road and stay safe.

3. Prioritize Education

Even if you wear protection and avoid alcohol and drugs before a ride, you are still at a high risk for a crash if you haven’t secured the necessary education and licensing for riding a motorcycle. Approximately 1/3 of motorcyclists who are killed in crashes are not licensed, or are improperly licensed.

In Georgia, motorcycle drivers are required to secure a Class M license or instructional permit to operate a motorcycle. The state provides two paths for securing the appropriate licensing. First, you can take a Motorcycle Safety Program Course that provides professional training on handling a motorcycle and a 90-day License Test Waiver for successful completion of the course. The second option is to apply and pass a knowledge test and a skills test on the motorcycle.

While Georgia requirements have a skills component, more comprehensive training is always a good option. Many motorcyclists have not received any formal training for riding a motorcycle. It is much more common for motorcyclists to have learned to ride their bike from friends or family. Formal training arms a motorcycle driver with defensive driving techniques and the skills needed to stay safe on the road.

In addition to focused motorcycle training, make sure you are familiar with the local traffic laws.

4. Make Maintenance a Priority

While a focused and skilled driver is an important component to a safe motorcycle ride, the motorcycle must also be well maintained. You should pay special attention to the tires, brakes, and drive chain. A poorly maintained drive chain can create inconsistencies for the back wheel of the bike. Incorrect tire pressure can cause blowouts or an unpredictable grip. Malfunctioning brakes can mean the difference between life and death.

Make sure you prioritize regular maintenance for your motorcycle, and also give it a thorough once-over before you hit the road. Before any ride, consider checking:

  • That all lights and horns are working;
  • Fluid levels;
  • Tire pressure and tread depth;
  • Chain adjustment and lubrication;
  • Adjustment and operation of the clutch, brake levers, mirrors, gear shift, and switches; and
  • That all racks and storage solutions are secured and not rubbing on any functioning parts of the motorcycle.

5. Monitor the Road Conditions

Road conditions can have a significant impact on motorcycle drivers, including the quality of the road and inclement weather. Make sure you are familiar with the maintenance and quality of the areas of I-575 and I-75 you will be traversing. Advanced knowledge of any rough road patches or construction can help keep you safe.

Inclement weather makes the road more dangerous for all drivers, but especially for motorcyclists. Motorcycles are particularly susceptible to changes in road conditions, including slippery roads from rain or snow. Bad weather can reduce visibility and also affects the ability of motorcycle tires to grip the road. Rain and snow aren’t the only dangerous road conditions. Wind can easily push the motorcycle, so the driver must be able to anticipate the push and adjust their driving accordingly. If you are unsure of your ability to handle non-ideal weather conditions, consider staying off the road.

Contact an Attorney For Assistance

Even with all the tips above, you may find yourself involved in a motorcycle accident. If you have been injured in a motorcycle accident, you may have suffered from a variety of injuries, ranging from cuts and bruises to traumatic brain injury. Even if your motorcycle didn’t come into contact with another motor vehicle, you still may be able to seek recovery for your damages. A Woodstock GA Accident Attorney can help you understand what evidence may be required in order to pursue recovery for your damages.

Among the variety of stressors resulting from the accident and injuries, you are likely concerned about the financial impact of the accident. Your attorney can work with you to understand the details of your case, and to help create a strategy for success.

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Covid-19 in Georgia

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How Our Office is Handling Covid-19

Dear Clients and Potential Clients,

On behalf of Koester Legal, I am writing to inform our community that the Supreme Court of Georgia has issued an Order Declaring a Statewide Judicial Emergency. Essentially, this Order cancels all regularly scheduled court appearances through April 13, 2020. Our Firm is closely monitoring and responding to the evolving coronavirus (COVID-19) situation as well.

Without a doubt, the well-being and safety of our clients and employees is our top priority. Koester Legal is fully equipped to serve our current clients and any potential new client during this difficult time. The vast majority of our daily workflow is cloud based which allows our employees to work remotely if needed.

What Koester Legal is doing:

• Our Woodstock Personal Injury office will remain open to see current clients and potential new clients BY APPOINTMENT ONLY.

• We are happy to conduct new client intake meetings, free consultations, and client update meetings via telephone or video conference.

• All documents that requiring signatures can be easily signed electronically via are alliance with vinesign.com.

• Under certain circumstances we can make arrangements to meet you in your home.

• We will continue to closely monitor guidance from the World Health Organization (WHO) and Centers for Disease Control and Prevention (CDC).

• Every effort is being made to contact current clients that may have a court date or deposition scheduled within the next 30 days. If think you have an upcoming court date, contact us right away at 770-744-5250 or [email protected] for further instructions.

We sincerely hope that you, your family, friends, and loved ones are safe and healthy during this time.

I firmly believe that through this adversity our community will grow stronger. Remember to always be kind, clean, and courteous in all that you do.

All the best,

Kyle E. Koester, Esq.

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Drivers and Pedestrians – Share Georgia’s Roads

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Drivers and Pedestrians – Share Georgia’s Roads

The weather is warming up and it’s time to dust off those running shoes. At Koester Legal, we want you to enjoy everything that the great outdoors in Georgia have to offer while being safe. Few roads in Cherokee County and the surrounding suburban areas have sidewalks. If you plan on jogging along a street or walking your children to school, there are a few safety guidelines you should follow.

  1. Tell Someone Where You are Going. Always let someone know the route you plan to take and when you will be back. 
  1. Do Not Run with Earphones. Staying alert includes being able to hear. Enjoying that perfect playlist and tuning out your daily distractions are why runners run. But don’t be so “in the zone” you can’t hear that big truck or Tesla behind you.
  1. Run Against Traffic. Don’t be afraid to go against the grain. It makes you more visible to drivers. But more importantly, it allows you a better opportunity to avoid a deadly encounter with car or truck.
  1. Wear Bright or Reflective Clothing. Wearing reflective running gear or a runner’s light makes you more visible to traffic. If you run with a light on your head, drivers may confuse you with a Martian or a miner, but at least they will see you.

Georgia has specific laws regarding sharing the road.

O.C.G.A. § 40-6-96 requires pedestrians to yield to all cars on the road. Careless drivers beware! This law does not give drivers the automatic right way. However, if there is a sidewalk, you must use it. If there is no sidewalk available, you should walk or run on the shoulder of the road as far away from cars as possible. If there isn’t a shoulder, you should walk or run on the outside edge of the road. Use your best judgment and recognize that drivers don’t often seen pedestrians until its too late.

O.C.G.A. § 40-6-93 requires drivers in Georgia to exercise due care. The law goes on to state that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”

Folks often ask, “what does due care mean?Due care refers to the level of judgment, care, prudence, purpose, or mindfulness that a person would reasonably be expected to use under similar circumstances. For example, if you are driving near a school, park, or intersection, the level of judgment, care, and prudence that a driver would reasonably be expected to use would be different than out on a rural highway.

As it relates to Georgia Drivers sharing the road with pedestrians such as kids walking to school and joggers, due care refers to the effort made by an ordinarily prudent or reasonable person to avoid harm to another, taking the circumstances into account. In other words, drivers are responsible for exercising caution and sharing the road with everyone, not just other cars.

Drivers should use their car horn to give a warning, and of course, drive with your headlights on. Again, drivers are required to use precaution if they see a child or a person who appears to be incapacitated, intoxicated, or otherwise confused along a road.

Pedestrians should also use crosswalks to cross the road whenever possible. If you are in a crosswalk, Georgia law requires approaching cars to stop for you and allow you to cross safely. Of course, before crossing the road you should always stop and check for oncoming traffic. If you have already entered the road under safe conditions and are in the process of crossing, then vehicles must yield to you.

Pedestrian laws in the state of Georgia place responsibility on the pedestrian and the driver to avoid a collision. Both parties are required to use precaution.

Drivers must maintain a safe distance from pedestrians. Due care also means not driving while distracted by a cell phone or GPS device. We are all aware of recent tragedies involving texting while driving. But equally distracting is attempting to use “google maps” or GPS navigation equipment. –Remember “Be Late, Don’t Navigate.”

If you have been in a crash or hit by a careless driver, call us today. 770-744-5250.

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Georgia Supreme Court Drastically Changes DUI Law

Georgia Supreme Court

Georgia Supreme Court Drastically Changes DUI Law

Georgia Supreme Court

I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.

This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.

I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.

Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.

Click here to Read the GA Supreme Court’s full opinion.

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