Hubert E. Hamilton

Attorney Profile

Top Rated Personal Injury Attorney in Rossville, GA

The Hamilton Firm
 | PO Box 158, Rossville, GA 30741
Phone: 423-634-0871
Selected to Super Lawyers: 2013 - 2017
Licensed Since: 1976
Practice Areas:
  • Personal Injury - General: Plaintiff (70%),
  • Personal Injury - Products: Plaintiff (20%),
  • Workers' Compensation (10%)
Attorney Profile

Hubert E. Hamilton has 41 years of experience with cases involving catastrophic and serious injury or death, including truck wrecks, automobile accidents, road defects, products liability, construction site accidents, industrial accidents, and other serious workplace injuries, with extensive experience in brain injury cases. He emphasizes personal attention and service to clients and their families, along with high-quality, effective legal representation, winning millions and millions of dollars in actual settlements and judgments on behalf of injured clients. Mr. Hamilton is a Board Certified Civil Trial Specialist, licensed in Georgia and Tennessee. The Hamilton Firm is headquartered in Chattanooga, Tennessee and serves clients in Georgia, Alabama, and Tennessee and throughout the U.S.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (70%): Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff

Personal Injury - Products (20%): Motor Vehicle Defects, Products Liability

Workers' Compensation (10%)

Focus Areas

Personal Injury - General: Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff

Personal Injury - Products: Motor Vehicle Defects, Products Liability

Selections

Selected to Super Lawyers for 5 yearsbottom-image

Super Lawyers: 2013 - 2017

Certificates and Credentials

  • National Board of Trial Advocacy

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About Hubert Hamilton

Admitted: 1976, Georgia

Professional Webpage: http://www.thehamiltonfirm.com/attorneys/hubert-hamilton/

Honors and Awards:

  • "AV Preeminent Peer Review 5.0 out of 5" rated by Martindale-Hubble

Special Licenses/Certifications:

  • Board Certified Civil Trial Specialist by Tennessee Commission on Continuing Legal Education and Specialization and the National Board of Trial Advocacy Georgia Registered Neutral (Mediator) Rule 31 Listed General Civil Mediator (by the Tennessee Supreme Court Alternative Dispute Resolution Commission)

Bar/Professional Activity:

  • Sustaining Member, American Association for Justice; Champion Member, Georgia Trial Lawyers Association; Sustaining Member, Tennessee Association for Justice; Georgia Trial Lawyers Association, Challenge Committee, 1987-1989 (to support legal and constitutional challenges to tort reform legislation); Former Legislative Committee Co-Chair, Georgia Trial Lawyers Association; Former Budget Committee Chair, Georgia Trial Lawyers Association; National Advisory Board, The Association of Plaintiff Interstate Trucking Lawyers of America; President, Lookout Mountain Bar Association, 1989-1990; Member, Lookout Mountain Bar Association; Member, Chattanooga Bar Association; Member, Workers' Injury Law & Advocacy Group, Member Georgia Injured Workers Advocates.

Scholarly Lectures and Writings:

  • Apportionment of Damages - The Good, the Bad & the Ugly (A Conversation with an Empty Chair), Annual Convention & Seminar, Georgia Trial Lawyers Association., 2013
  • Taking Advantage of Apportionment of Fault and Avoiding the Pitfalls of Non-Party Fault in Trucking Cases, Catastrophic Commercial Vehicle Cases Seminar, Institute of Continuing Legal Education in Georgia., 2013
  • Comparing Tennesse Workers Compensation and Georgia Workers Compensation, Advanced Workers Compensation Seminar, Sterling Education Services, 2012
  • Technology Workshop, Georgia Trial Lawyers Association:  CaseMap and TextMap in Plaintiff’s Practice., 2008
  • Practicing Law After SB3, Georgia Trial Lawyers Association:  It’s Déjà Vu All Over Again, March 2005., 2005
  • Start at the Very Beginning – Don’t wreck your case by forgetting the fundamentals, case intake, investigation and discovery., Identifying Issues and Building a Winning Case Seminar, Georgia Trial Lawyers Association, 1994
  • What comes next after Denton v. Conway Southern Express, 261 Ga. 41 (1991) which declared portions of the Tort Reform Act of 1987 to be unconstitutional?, Author, Collateral Source Battle Still Not Over, The Verdict, Georgia Trial Lawyers Association, 1992
  • What comes next after Denton v. Conway Southern Express, 261 Ga. 41 (1991) which declared portions of the Tort Reform Act of 1987 to be unconstitutional?, Author, Collateral Source Battle Still Not Over, The Verdict, Georgia Trial Lawyers Association, 1992
  • What comes next after Denton v. Conway Southern Express, 261 Ga. 41 (1991) which declared portions of the Tort Reform Act of 1987 to be unconstitutional?, Author, Collateral Source Battle Still Not Over, The Verdict, Georgia Trial Lawyers Association, 1992
  • What comes next after Denton v. Conway Southern Express, 261 Ga. 41 (1991) which declared portions of the Tort Reform Act of 1987 to be unconstitutional?, Author, Collateral Source Battle Still Not Over, The Verdict, Georgia Trial Lawyers Association, 1992
  • Life After No-Fault, Georgia Trial Lawyers Association, October:  The Unholy Triumvirate: Collateral Source, Set-Off and Subrogation., 1991
  • Victories have been achieved at the trial court level, and cases are pending before the Georgia Supreme Court challenging the admission of collateral source evidence at trial, Author, Challenges to Collateral Source Disclosure Pending Before Supreme Court, The Verdict, Georgia Trial Lawyers Association, 1990
  • Proof of Liability and Damages, Georgia Trial Lawyers Association, December:  Slip and Fall – Getting the Six Figure Verdict., 1988
  • How can trial lawyers deal with, adjust to, and live with collateral source disclosure while at the same time attacking the new law whenever possible?, Author, Collateral Source Disclosure–Trial Practice Ideas and Suggestions, The Verdict, Georgia Trial Lawyers Association, 1988
  • Fall Workshop, Georgia Trial Lawyers Association, November:  Practical Approaches to Tort Reform., 1987
  • Annual Seminar and Convention, Georgia Trial Lawyers Association, April:  Drunk Driving: Third Party Liability, 1986, 1986

Verdicts and Settlements:

  • Sheila McCurry vs. World Information Systems, LLC, et al. Case File No.: 33-519-III:  Ricky Lee McCurry, a truck driver, from North Carolina, was killed in a tragic wreck in Cocke County, Tennessee September 16, 2014.  A local towing company had a big load of pallets from a previous wreck that needed to be transported to Knoxville.  Early in the morning, in the dark before sunrise, two Hartford Towing employees were using a tow truck to pull a low boy trailer loaded with blue pallets. They could not get the wiring harness on the trailer to connect with the socket on the tow truck, and therefore the tail lights on the trailer would not work, but they headed out in the dark anyway, in violation of FMCSR and state law.  However, they did attach a battery powered wireless Tow Mate light bar, about 22” wide, to a stack of pallets at the rear of the trailer using bungee cords: They got on I-40 westbound just west of the North Carolina state line.  They had only been on the road few minutes when something hit the rear of the trailer.  Andrew Scott, driving a Madza 3, on his way to a business meeting in Oklahoma, had run into the rear of the low boy trailer, and hit it so hard the ball on the trailer hitch was sheared off.  An unknown number of pallets were then knocked off the trailer and strewn across the traffic lanes of I-40. The tow truck dragged the trailer with its safety chains they could pull it off into the emergency lane to the right, at top of a hill.  Just about that time, Ricky McCurry, driving a tractor trailer, was coming up the hill at 67-68 mph in the right lane. He suddenly came upon those pallets and debris strewn across the roadway, and elected to steer right into the emergency lane, to avoid hitting them.  Unbeknownst to McCurry, however, the tow truck and unlit low boy trailer were parked in the same emergency lane at the top of the hill.  McCurry probably never saw the trailer loaded with blue pallets until he hit it. He was killed instantly. McCurry, age 51, was survived by his wife, Sheila, an adult son, Dillon and a granddaughter. Suit was filed by the Hamilton Firm in Cocke County Circuit Court against the tow truck company and Scott’s employer, World Information Systems. After extensive discovery and mediation, the case was settled for a confidential sum.  Hubert Hamilton served as lead counsel for the Plaintiff, Sheila McCurry., 2016
  • Iannuzi v. Durhan School Services, Hamilton Circuit Court, 14C115: On January 29, 2013, the plaintiff rounded a sharp curve on a narrow road in Hamilton County, and encountered a large yellow school bus encroaching into her lane as it entered the curve from the opposite direction.  She slammed on her brakes and slid into the bus, injuring both knees, including a comminuted left patellar fracture, as well as her neck and back. The bus was carrying a number of children home from school, but fortunately none of them were injured. The investigation by the Hamilton County Sheriff’s Department placed blamed for the wreck on the plaintiff, based solely on a gouge mark found in the roadway on the buses’ side of the center line. The plaintiff, however, insisted the bus was on her side of the road. The Hamilton Firm accepted the case, obtained video from inside the bus, and hired an accident reconstruction expert.  His investigation, which included detailed analysis of the video, confirmed that the bus was over the center line just before impact.  The large bus probably should not have been traveling on that narrow and twisting road at all, as it was very difficult for it to safely navigate that curve without encroaching into the other lane. School bus service in much of Hamilton County is provided by a private limited partnership, Durham School Services.  The school bus driver was an employee of that private company, and so a lawsuit was brought against the driver, and Durham School Services, and its parent company, National Express Corp, in Hamilton Circuit Court.  Durham School Services is based in Warrenville, Illinois, has more than 10,000 vehicles and 10,000 drivers nationwide.  Their buses have been involved in several other wrecks in Tennessee.  They operate school buses and transport children in Shelby County, as well as Hamilton County, and for other Tennessee school systems. The Hamilton Firm contended that the school bus driver was operating the bus too fast for the conditions along a narrow winding road, crossed over the center line, and caused the wreck. After extensive discovery, including the depositions of both drivers, the case was settled at mediation in December 2015 for $250,000, with Annette Kelley and Hubert Hamilton representing the plaintiff., 2015
  •  Eileen Marcone v. Laidlaw v. Contrans Group, Inc. f/k/a Contrans Income Fund, Laidlaw Carriers Van LP and Gheorghe Vaduva, Civil Action No. 1:15-CV-0067, United States District Court, Eastern District of Tennessee:  On July 17, 2014, Matt Marcone, age 49 and father of three, was killed in a tragic crash on I-75 in McMinn County Tennessee.  Self-employed, he was returning home to Florida from Ohio in his Honda Odyssey, when he ran into the rear of a tractor trailer, collapsing the rear underride or “ICC” bar, and killing him instantly.  Witness accounts were conflicting, but the investigating officer assumed Marcone was distracted and hit the trailer at a high rate of speed.  The Canadian truck driver claimed he was running above the minimum speed and had done nothing wrong, and the official accident report found Mr. Marcone to have been at fault. Believing the circumstances demanded further investigation, however, Patrick Cruise and The Hamilton Firm, accepted representation on behalf of Marcone’s three children, and Hubert Hamilton and Patrick Cruise filed suit against Contrans Group, Laidlaw Carriers and their driver.  Discovery revealed that the trucking company did not download any data from the event data recorder (EDR/ECM) or “black box” after the wreck, but GPS tracking data and other internal documents obtained from the trucking company showed that the driver had pulled off on the shoulder of the highway just minutes before the wreck to urinate.  He had just pulled back into the right hand traffic lane of I-75 when Marcone crashed into the rear of the trailer.  Analysis by an accident reconstruction expert suggested that the tractor trailer was actually running at a very slow speed, contrary to what the truck driver claimed. Discovery also revealed that Laidlaw company policy prohibited truck drivers from stopping on the side of the road except in case of an emergency.  The GPS data also established that the spot where the driver had stopped to urinate was within sight of the entrance ramp to Exit 56 where there is a truck stop with restrooms. Facing those facts, Contrans/Laidlaw suggested mediation and the case was settled in November 2015.  The terms and amount of the settlement for Matt Marcone’s minor children are under seal. , 2015
  • Carter Palmer v. Starlight Logistic Services, Inc., Case No. 2:14-CV-15, U.S. District Court, Eastern District of Tennessee: Annette Palmer, age 45, died tragically in a wreck on I-81 in Sullivan County, Tennessee on January 18, 2013.  It was after midnight and she was a back seat passenger in a Ford Focus driven by her adult daughter.  It was cold and snowy and weather conditions were deteriorating as they traveled north.  Suddenly the car spun out of control due to black ice on the road and came to a stop in the middle of the northbound traffic lanes. However, a tractor trailer was bearing down on the car.  It was traveling 63 mph in a 55 mph zone on cruise control in the snowy and icy conditions.  The driver never saw the Ford Focus until it was too late.  He never slowed down, smashed into the car and killed Mrs. Palmer. Although the driver’s post-accident urine drug test showed a high level of marijuana metabolites, the driver denied smoking pot since he had left California several days before.  The trucking company, and their toxicology expert, argued that the driver was not impaired, and that the urine test could not be used to prove impairment.  They blamed the wreck on Mrs. Palmer’s daughter for losing control of her car which had bald tires that were unsafe for the road conditions. However, Mrs. Palmer knew nothing about the condition of the tires.  She was just coming along to help her daughter move. It was a challenging case with hotly disputed liability, as the truck driver and his employer tried to lay all the blame for the wreck on the daughter and her bald tires. With trial set for September 1, 2015, the parties recently a compromise resolution of the case of $595,000 for the wrongful death of Mrs. Palmer, who is survived by her husband of 13 years and the adult daughter.  Carter Palmer, her husband, was represented by Hu Hamilton of the The Hamilton Firm, in association with Buck Rogers of Atlanta. , 2015
  • Stevens v. Derby Industries, 14SV273JTC, Henry State Court. The Plaintiff, a truck driver, picked up a load of parts in Tennessee and drove his tractor trailer to the manufacturing facility in Georgia where they would be unloaded.  In preparation for backing up to the loading dock, he stopped and opened the rear doors to the trailer.  As he did so, a large and heavy bundle of shrink wrapped boxes fell out on top of him.  He caught the bundle, taking the weight onto his back, and pushed it aside and partially back up into the trailer, injuring his low back in the process. Liability was hotly disputed.  The Plaintiff, represented by Hu Hamilton, contended that it was a sealed load and that the shipper had improperly loaded the cargo and failed to secure it with load locks or straps. The shipper, Derby Industries, contended that it was not a sealed load and that it was the truck driver’s responsibility, under FMCSR § 392.9(b) to assure himself, before driving the truck, that the “cargo is properly distributed and adequately secured.” Those rules do not apply, however, “to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable,” FMCSR § 392.9(b)(4). Because the driver had closed the doors on the trailer and had the opportunity to observe the cargo at the rear of the trailer, Derby contended that the load was not sealed and therefore the § 392.9(b)(4) exception did not apply. Suit was filed in Georgia and the case was settled after mediation for $350,000., 2015
  • Bright v. Sandstone Hospitality LLC.: Imagine checking into a Wingate Hotel in while travelling for business, taking a relaxing bath, and then when getting out, falling backwards into the tub when the grab bar you are using to pull yourself up breaks loose from the wall.  The result was a serious back injury to the plaintiff.  The lawsuit was filed in Cobb State Court, against the former owners of the Kennesaw, Georgia hotel and Wingate, and settled with the insurance company for the former owners in August 2014, after mediation, for $250,000.  Wingate as a franchisor had been dismissed from the lawsuit on summary judgment before mediation. Hu Hamilton served as lead counsel for the plaintiffs.  , 2014
  • Robert Dan Green, et al v. Arch Chemicals, Inc., Olin Corporation, et al, 1:12-CV-00220, U.S. District Court (E.D. Tenn.): On June 12, 2011, a fire broke out in the chlorine rework process area of the HTH building at the Arch Chemical plant in Charleston, Tennessee.  Arch Chemicals manufactures chlorine products for swimming pools, working in close association with Olin Corporation, which is located on the same property.  Very quickly heat, chlorine gas and smoke filled the building and were soon boiling out of the roof vents several floor above.  Four ironworkers employed by BIS Frucon Industrial Services, who were building a scaffold on the roof of that building, were trapped on the roof above the fire.  The men immediately donned their respirators and tried to escape, but the heat, gas and smoke was intense and visibility was very limited. Escape routes were engulfed in heat, gas and smoke.  Eventually all of the men were able to escape the roof and get to safety, but three had sustained very serious injuries, including burns, lung damage, and orthopedic injuries due to falling while trying to escape. The fire had spontaneously ignited in HTH chlorine products that were being stored by Arch Chemicals in plastic rework totes. Rapid decomposition caused spontaneous ignition and the fire broke out.  Plaintiffs alleged that Arch Chemicals had stored an excessive number of plastic totes in the area which caused the fire and that there was no fire suppression system in place or that it failed to function properly. Arch Chemical and Olin Corporation were supposed to cooperate and coordinate responses in the event of an emergency situation through their Emergency Response Teams, but neither of them sounded an evacuation alarm until it was too late for the Plaintiffs.  And to make matter worse, first responders from Bradley County were held up at the gate upon arrival at the plant. Plaintiffs filed suit in Bradly County Circuit Court but the defendants removed the case to Federal Court in Chattanooga. The case presented complex issues concerning the liability of the various defendants, which included both Arch and Olin and Olin’s security contractor, Securitas, as well as exclusive remedy under Tennessee law. It was settled after mediation in January 2014, under a confidentiality agreement that prohibits disclosure of the amount paid to each of the Plaintiffs.  The plaintiffs were represented by Annette T. Kelley and Hubert Hamilton., 2014
  • Thomas L. Cates & Erika R. Cates v. Babb Lumber Company, Inc. et al, Superior Court of Catoosa County, Civil Action No. 2012-SU-CV-1692.  Settled at mediation for $500,000.  On October 12, 2010  the Plaintiff, Tommy Cates, a fuel truck driver for Parman Energy made a routine delivery to Babb Lumber in Ringgold.  After making his deliveries to their storage tanks, some gas was left over and Babb Lumber wanted the remaining gas pumped into an old 1972 Ford F600 truck they used around the yard to haul shavings from one location to another.  The truck was not operated outside the yard, and had no license tag.  Plaintiff was outside his truck tending to some levers and valves on the side of the fuel truck, when he was suddenly struck in the back and pushed into the side of the fuel truck. He had been hit by the old Ford truck Babb’s driver was bringing down to be topped off.  Fortunately, due to the angle of impact, Cates was not crushed, but he was knocked up against his own truck and then thrown to the side. Babb’s driver claimed that as he approached the fuel truck and tried to bring it to a stop, “the brake went to the floor,” and afterwards, they claimed that the master cylinder was “very low” on brake fluid.  They could not say, however, when the brakes had last been serviced, and he did not keep any service records on that truck.  It was admitted that they did not run the truck “out on the street because it was dangerous.”  The impact injured Plaintiff’s low back and eventually he underwent surgery after months of consevative treatment.  He was not able to return to work as a fuel truck driver. , 2013
  • Sarah Pierce vs. Lookout Property Management, Inc. and Battlewood Apartments, Ltd. Superior Court of Catoosa County; Civil Action No. 2012-SU-CV-1044.  Settled under a confidentiality agreement prohibiting disclosure of the amount paid. On Sunday morning, April 10, 2011, plaintiff visited apartment complex in Ft. Oglethorpe, GA to deliver some yard sale items to one the residents. After dropping off the items, she elected to use a long metal and concrete ramp to return to the parking lot, instead of descending the stairs.  She fell near the end of the metal portion of the ramp, where the handrail ran out, as something caught her foot, causing her right ankle to turn under her.  She fell off the concrete portion of the ramp and onto a nearby sidewalk, breaking the distal portion of her right fibula, sustaining a right malleolar fracture in the ankle joint, along with a fracture at base of her fifth metatarsal and a lateral cuboid fracture.  The severe fracture required open reduction internal fixation, using a metal plate and seven screws to reattach and stabilize the fractured fibula.  Months of rehab, with limited weight bearing followed. Investigation revealed a steep slope on the right side of the concrete portion of the ramp which caused the plaintiff’s right ankle to turn under her and shatter.  Her surgeon testified that the ankle supinated or was rolled under, placing stress on the ligaments and bones on the lateral side (outside) of the ankle.  The force pulled the distal end of the fibula off as the ankle rolled underneath.  The injury was exactly the type of injury the doctor would have expected if the ankle was turned under as the foot went off onto a steep slope to the right.  Plaintiff’s architectural expert testified that ramp violated numerous provisions of both the International Building Code (IBC) and the Georgia Accessibility Code. Plaintiff contended that what happened to her was exactly what the various Code requirements and standards were designed to prevent – a fall.  The case was settled at mediation after being placed on the pre-trial calendar for the September term of court in Catoosa County., 2013
  • Marc Beck v. FM Global, et al, Case No. 11VS184780C, Fulton State Court, Atlanta, Georgia, was settled in December 2011 for a confidential amount.  A boiler service technician sustained severe head, brain and facial injuries in a boiler explosion at a poultry plant in Gainesville, Georgia on January 14, 2008,   The plaintiff was an employee of a boiler service company who was sent to switch fuel supply for the boiler from gas over to fuel oil.  The boiler supplied steam for the plant, and they wanted to maintain pressure while the change over to oil took place.  Investigation of the explosion by the Georgia Department of Labor determined that the oil supply and return lines had been reversed, causing an excessive accumulation of fuel in the hot boiler as Mr. Beck attempted to fire the burner on oil.  The burner had not been fired on oil since a new boiler was installed two years before.  Plaintiff contended that the lines had been reversed when the new boiler was installed by another boiler service company, and that the manufacturer of the burner had supplied a defective manifold making it possible to inadvertently reverse the lines at the point of attachment to the burner.  The boiler inspection company which had last inspected the boiler prior to the explosion was also named as a defendant., 2011
  • Jury Verdict of $784,676.65 in Fire Loss case against Nationwide Insurance Company in the Circuit Court of Hamilton County, Tennessee in a six day trial that was successfully concluded on November 9, 2011, O'Neal v. Nationwide. The fire originated in a Christmas tree that Mrs. O'Neal had just put up the night before the fire in December 2009. Nationwide refused to pay, contending that a family member had intentionally set the house on fire. The jury concluded otherwise as Plaintiff's expert had found a melted plug blade in an electrical receptacle adjacent to the tree that Nationwide's expert had missed.  The evidence suggested an electrical origin due to a short or arcing at the receptacle.  The verdict included a bad faith penalty of 18%, 2011
  • Currie v. Farmer, Case 08 CV 7097, Walker State Court, LaFayette, Georgia:  Jury verdict totaling $792,500, on March 11, 2010, for a 39 year-old self-employed roofer/sheet metal fabricator injured in a bad wreck two years previously. On a Sunday afternoon the plaintiff had taken his Harley motorcycle out for a ride over to his mother’s house. As he cruised along a rural roadway near Chickamauga, Georgia at a safe speed, a Buick Skylark, driven by an 88 year-old man, suddenly turned left directly in front of him. The impact shattered the plaintiff’s left ankle. The orthopedic trauma surgeon was able to use steel plates and screws to put the bimalleolar ankle fracture dislocation back together, but the plaintiff was left with a painful arthritic ankle with limited mobility.  The jury awarded $50,000 for medical expenses, $37,500 for lost earnings to date, $379,000 for future lost earnings, $20,000 for pain and suffering to date, plus $306,000 for future pain and suffering.  The biggest challenge we faced was overcoming sympathy for the defendant, who appeared in court in a wheelchair, after defense counsel made a big show of the fact that the defendant was ill.  The trial judge prohibited further appeals to sympathy and the jury took seriously our admonitions not to let “outside reasons” influence their determination of the proper amounts of money required to balance out the harms and losses the plaintiff suffered.  Justice was served., 2010

Industry Groups

  • Accidents
  • Construction
  • Industry
  • Insurance
  • Trucking
  • Office Location for Hubert E. Hamilton

    PO Box 158
    Rossville, GA 30741

    Phone: 423-634-0871

     

    Hubert E. Hamilton:

    Last Updated: 7/18/2016

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