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Keeping Your Kids Safe: The Top 3 Summer Injuries

/ Personal Injury /

Keeping Your Kids Safe: The Top 3 Summer InjuriesGARDEN CITY, N.Y. – Summer is most often associated with sunshine, outdoor activities and all-around fun. But it as soon as the days get longer, trips to the E.R. tend to spike. Doctors say the combination of warmer weather, time off from school and outdoor activities increases the risk of injuries.

A Long Island personal injury lawyer at Cellino & Barnes says there are three injuries in particular that tend to increase among children over the summer months.

“Most parents will agree that getting the kids outside and active is a great for their health and social life on Long Island,” personal injury lawyer Ross Cellino said. “But an important ingredient that is often overlooked is supervision and children need to have the proper adult supervision when they’re playing outside.”

According to a Cellino & Barnes analysis of recent emergency room data, the three most common summer injuries are:

  • Bicycle Accidents

Every year, more than a half-million bicyclists are injured. Most of those injuries affected children. According to the CDC, an estimated 26,000 kids suffer traumatic brain injuries as the result of a bicycle accident. The data suggests many of those injuries can be prevented by properly fitting a child with a helmet.

Other bike injuries could include broken bones, muscular damage and lacerations that require stitches.

Some bike accidents could be caused by cars or defective parts on the bicycle itself. If you suspect your child is the victim of either of these, Cellino & Barnes suggests contacting a Long Island personal injury attorney immediately as your family may be able to recover medical costs and more.

Legal professionals also suggest teaching children the rules of the road and purchasing bicycles from reliable manufacturers.

  • Falls

Kids love exploring. Sometimes it’s a tree, sometimes it’s a jungle gym, sometimes it’s somewhere you would never expect. The point is, children are susceptible to falls almost everywhere. The end result can include head injuries, sprains or broken bones. Falls from extreme heights could be deadly.

They are currently the #1 reason for hospitalization in America today and the CDC estimates that 200,000 children are treated for playground falls alone each year.

In many cases, these falls could be caused by poor maintenance, faulty equipment or the lack of supervision.

If your child has been injured by a fall, Cellino & Barnes urges parents to contact a Long Island personal injury lawyer. In many cases, families have obtained significant settlements and verdicts after a slip or fall injury.

  • Water Accidents

Drowning is every parent’s worst fear when their child is near water. It is the chief cause of death among children between the ages of 1 and 3 and it’s the second-leading cause of death among kids under 15 years of age. The worst part is, nine out of ten drownings occur with parents in the pool area.

Safety advocates say most drownings occur without a splash. In many cases, the child hits his or her head and sink to the bottom of the pool. Irreversible brain damage can occur after just three minutes under water.

Long Island personal injury lawyers say these incidents are completely preventable and many private and public pool owners can be held liable for injuries in a pool area. Lifeguards, flotation device manufacturers, and cities or towns that fail to warn parents about unsafe conditions could be found negligent.

Attorneys say the best way to prevent this nightmare is to always stay close to a child when they are in the water.

For more safety tips and legal information, follow Cellino & Barnes on Twitter or Contact Us today for a free case evaluation.

Lighting Up Your Drive

/ Car Accident, Personal Injury /

Lighting Up Your DriveBUFFALO, N.Y. – In case you haven’t noticed, many places are lighting-up the night with LED lights. They’re bright – and they save money on energy and maintenance but the American Medical Association introduced a new policy: dim it.

Almost everything in Buffalo is lit-up with LED lights. Take a stroll down Canalside or a view of the Peace Bridge at night; it’s all an LED lightshow. However, safety advocates and doctors with the AMA are concerned about the way these lights are used.

Almost 50 percent of all car crashes in America occur at between 9 PM and 9 AM when the outside environment is darkest. A Buffalo car accident lawyer at Cellino & Barnes says ighting, or the lack of lighting, is commonly a factor and while LED lights are cost-efficient and good for the environment but there are some drawbacks.

“Street lighting can be a game changer and both bright lights and dim lights have been factors in crashes in Buffalo,” car accident lawyer Steve Barnes said. “It’s very important to keep lighting at a specific brightness to make the roads as safe as possible.”

According to the AMA, the glare of bright LED lights can constrict your eyes, making it more difficult to see at night. Bright lights can also twist-up sleep cycles and it could potentially affect local wildlife.

Doctors said high-intensity LED lighting emits large amounts of blue light, which can create extreme nighttime glare and potentially cause a car crash.

Luckily, the brightness of LED lights can be adjusted and the AMA is hoping cities across America get the message and dim the lights.

“Glare is a common issue every driver has likely faced,” Barnes said. “Whether they’re high-beams or LED street lights, they can cause dangerous accidents and we want drivers to be aware of these hazards before driving on the roads after sun down.”

Different lights emit different colors and there’s a measurement called “color temperature.” A higher color temperature usually means it’s high in blue light, which appears white to us. The Association recommends that street lighting have a color temperature of 3,000 Kelvin (K) or less for safety reasons.

As proud supporters of the Western New York community, Cellino & Barnes urges all drivers to practice safe driving habits – especially at night:

  • Always use your headlights in rainy or dark environments
  • Frequently clean your windows – both inside and out – to reduce nighttime glare
  • Never drink and drive. Call a cab instead
  • Use low beams when encountering oncoming traffic
  • Be extra alert, especially during the weekends. Drunk driving is a factor in 53 percent of deadly nighttime crashes

If you’ve been injured by a drunk negligent driver, the Buffalo car accident lawyers at Cellino & Barnes can help you obtain the best result possible. Contact them today for a free case evaluation.

Best and Worst States for Teen Drivers

/ Car Accident, Personal Injury /

Best and Worst States for Teen DriversMELVILLE, N.Y. –School is out and the road conditions are clear. It’s the perfect time to learn how to drive but each summer teens are behind dangerous car crashes, and they continue to be the most at-risk age group.

According to the U.S. Centers for Disease Control and Prevention, nearly a thousand teens are killed in car crashes during June, July and August alone. Statistically speaking, it makes summer the riskiest season for driving.

A Long Island car accident attorney at Cellino & Barnes says getting a driver’s license is an exciting time for teens but safety cannot be ignored.

“Car crashes continue to be the leading cause of death among teenagers on Long Island,” car accident lawyer Ross Cellino said. “Each year, thousands of families lose a loved one in a crash involving a teenage driver and many more suffer life-changing injuries.”

Those under the age of 24 represent just 14-percent of the driver population but they’re responsible for almost a third of all the costs associated with car crash injuries.

WalletHub, a personal finance website, crunched the numbers and used more than a dozen key metrics to determine the safest – and most dangerous states for teen drivers. Their analysis found New York is the safest state in the nation for teens learning to drive.

“New York is a relatively safe state for drivers of all ages because there’s been a strong focus on driver’s education and strict traffic law enforcement,” Cellino said. “Unfortunately education and laws aren’t enough to prevent every crash and teens continue to be the most at-risk drivers across the Empire State.”

Other states have it worse. Much worse.

South Dakota, for example, has the highest number of teen DUIs in the nation and there are few laws in place that promote Graduated Driver Licensing (GDL), a program many states use to educate teens.

The data used to generate the rankings were collected from the U.S. Census Bureau, the National Highway Traffic Safety Administration, the FBI, and several other statistical resources. The authors of the study hope their findings can improve driver safety in every state, especially those that scored low.

If you’ve been injured by a teen driver, Cellino & Barnes has the experience to help you and your family obtain the best result possible. Recognized by Best Lawyers, our Long Island car accident attorneys have helped crash victims recover more than $1.5 billion.

Contact our attorneys today for free consultation.

Bouncing the Safe Way

/ Personal Injury /

Bouncing the Safe WayROCHESTER, N.Y. – The sun is shining and it’s a great time to get outside. This time of year, the trampoline is a popular place for kids to spend time and lots of energy but it can also be a dangerous place.

Doctors and safety advocates are now warning parents of the dangers trampolines pose, if used incorrectly. According to one recent study in Ireland, 40-percent of children who suffered a trampoline injury needed surgery.

A Rochester personal injury lawyer at Cellino & Barnes says when injuries do occur in back yards, bounce houses or at trampoline parks, they’re often very serious.

“Trampoline use has become very common and injuries are skyrocketing as more trampoline parks open across Rochester,” personal injury lawyer Ross Cellino said. “In almost every case we see, the injuries are entirely preventable.”

According to the Irish study conducted this year, 35-percent of trampoline-related injuries were directly related to the presence of others on the bouncing structure.

In nearly half of the cases, there was no adult supervision.

Safety advocates are growing increasingly concerned over the boom of indoor trampoline parks across America. According to recent estimates, there are more than 350 parks in North America; with hundreds of new ones opening every year.

In many cases, children have been seriously injured at these parks and safety can sometimes be neglected.

In 2013, a Texas teen fell through a torn trampoline, fracturing his head. A jury awarded his family nearly $11.5 million earlier this year.

“Trampolines can be very dangerous if they are not properly cared for or if they’re being used in unsafe ways,” Cellino said. “It’s our goal to reduce these injuries by making sure everyone is being as safe as possible while at the same time, having fun.”

Doctors and safety advocates advise parents to supervise children when using a trampoline and to follow these general guidelines:

  • Only one child at a time on the trampoline
  • Surround the trampoline with appropriate safety netting
  • Supervise children under the age of 18
  • Regularly inspect trampolines for rips, tears or possible flaws
  • Never use trampolines while under the influence of alcohol or prescription medications

As huge supporters of Central and Western New York communities, Cellino & Barnes hopes to make our neighborhoods safe for everyone. If your family member has been injured by someone else’s negligence, contact one of our attorneys today for a free consultation.

This Summer’s Foodborne Illnesses

/ Personal Injury /

This Summer’s Foodborne IllnessesROCHESTER, N.Y. –Millions of families across America are hopping on the bandwagon and heading outside for events and parties where there will be food. Lots of food.

What eaters aren’t always aware of are the microscopic dangers some foods pose – specifically meat, poultry and catfish. If these foods aren’t handled properly, people can get sick. Very sick.

That’s why the Safe Food Coalition is currently petitioning the U.S. Department of Agriculture to revise its rules and inform consumers of safe handling practices.

A foodborne illness attorney at Cellino & Barnes says thousands of people become seriously ill after eating contaminated food and many of these incidents occur during the summer.

“People are throwing parties and having cookouts and more families are out visiting restaurants in Rochester,” foodborne illness lawyer Ross Cellino said. “The warmer weather also creates ideal conditions for some bacteria and it’s not uncommon for companies or businesses to mishandle their products.”

Food suppliers are mandated by federal regulations to include a Safe Handling Label which includes the following suggestions:

  • Keep refrigerated or frozen
  • Keep raw meat and poultry separate from other foods.
  • Wash working surfaces, utensils and hands after touching raw meat or poultry
  • Cook thoroughly
  • Refrigerate leftovers immediately

Safe Handling

This label has gone unchanged for more than 20 years and throughout that period, it has often been criticized.

A study published in 1998 found that consumers couldn’t read the small type on the instructions. Researchers concluded that foodborne illnesses could be reduced by improving the label and including more detailed instructions… but nothing changed.

According to the Safe Food Coalition, the current label is not good enough and many people still become ill, even if the instructions are followed to the letter.

Why?

Stoves, grills and microwaves vary. Foods often cook faster or more slowly in different appliances. In many cases, bacteria can survive the high temperatures and make its way into your body; potentially making you very ill.

“Many cooks simply read the directions and they assume the food is cooked thoroughly,” Cellino said. “In some cases, it’s not and that can have dangerous consequences.”

The Safe Food Coalition wants safe handling labels to be updated to include recommended internal temperatures – and rest time requirements that allow bacteria to die off after cooking. The petition also asks for instruction labels on all raw fish products.

The request is backed up by years of research on cooking behaviors and lab studies that analyzed survival rates of bacteria and pathogens at specific temperatures. Food safety advocates believe more specific labels and the widespread use of thermometers would help reduce the number of foodborne illnesses.

These illnesses include:

“Using a thermometer to verify internal temperatures of food is one of the easiest ways to avoid foodborne illnesses,” Cellino said. “Unfortunately, many cooks don’t do this and it raises the risk of undercooked food in both commercial and social settings.”

Among its suggestions, the Safe Food Coalition is calling for more specific information on safe handling labels including:

  • An end-point temperature for raw foods and “rest-time” requirement
  • Instructions to use a thermometer 
  • Handling, storage, and temperature control information
  • Updated graphics featured on the www.foodsafety.gov website, instead of the graphics currently displayed
  • A web address on the package for additional information on meat, poultry and catfish cooking recommendations

If you or a loved one has fallen ill due to a foodborne pathogen, the Rochester foodborne illness lawyers at Cellino & Barnes have helped many families obtain the best result possible. Contact a lawyer today for a free case evaluation.

Jury: Talc Behind Ovarian Cancer

/ Defective Products, Personal Injury /

talcNEW YORK – You may have used a simple silicate mineral for years without knowing it could cause cancer. Silicon, magnesium and oxygen together form talc, which in its powder form is a popular product often used on babies and heavily marketed to women.

The problem is, talc could cause ovarian cancer.

Last month, a Missouri jury ordered talcum powder manufacturer Johnson & Johnson to pay $55 million to a woman who said that using the company’s talc-containing feminine hygiene products caused her to develop the deadly cancer.

The verdict follows a similar order in February, which awarded an Alabama family $72-million in damages after a woman who used talcum powder as a “bathroom staple for decades.” That woman, Jackie Fox, passed away in October 2015 at the age of 62, more than two years after her diagnosis.

A talcum powder attorney at Cellino & Barnes said thousands of women claim they’ve developed cancer after using talc and many companies have refused to warn consumers about the potential dangers associated with their products.

“For decades, scientists and doctors have urged companies to warn consumers of the risks  but the billion-dollar pharmaceutical giants never did that,” talcum powder lawyer Ross Cellino said. “Instead of warning their customers of the cancer risks, companies heavily marketed talcum powder as a safe product for both babies and women.”

A commercial that aired in 1986 marketed talcum powder as a “soft” product that you’ll “never out-grow.” Another commercial circa 1989 encouraged women to “Baby Yourself with Johnson’s” baby powder.

Manufacturers, including Johnson & Johnson have argued that regulatory reviews “have determined that talc is safe” for cosmetic use and that current labeling practices are adequate.

Several juries have disagreed with that assessment and the lawsuits against Johnson & Johnson are piling-up. More than 1,200 women have pending litigation against Johnson, claiming its talcum powder had devastating effects on their health.

At Fox’s trial, an internal memo from a Johnson & Johnson consultant was submitted as evidence. The memo suggested that the link between talc and ovarian cancer is as obvious as the link between smoking cigarettes and lung cancer; if the company refused to acknowledge the risks, it was “denying the obvious in the face of all evidence to the contrary.”

Johnson eventually eliminated some probable carcinogens like formaldehyde from its baby and personal care products in 2015. However, it took years of petitions and a boycott threat for the company to agree to the change.

In its natural form, talc contains deadly asbestos fibers. If inhaled, natural talc products could cause another cancer, mesothelioma. Talcum products used in American homes have been asbestos-free since the early 1970s but there are still concerns over their safety.

According to a study from Boston’s Brigham and Women’s Hospital, those who regularly used talcum powder for feminine hygiene experienced a higher rate of ovarian cancer – 33-percent higher.

In many cases, doctors have found talc particles inside cancerous ovarian tissue. Talc has also been identified in pelvic lymph nodes, which indicates that it can migrate all the way out of the fallopian tubes and into a woman’s abdomen.

Talcum powder attorneys say big pharma companies have continued to deny the risks despite strong evidence that there is indeed a link between talc and ovarian cancer.

If you or a loved one has been diagnosed with ovarian cancer and you suspect talc was a factor, contact a talcum powder attorney at Cellino & Barnes today for free case evaluation.

For the latest information on talcum powder lawsuits and public safety, visit Cellino & Barnes on Facebook.

Playgrounds: Not Just a Splinter Anymore

/ Personal Injury /

PlaygroundsGARDEN CITY, N.Y. – The word “concussion” is commonly associated with sports and in many cases, parents are taking their children off the playing field out of concern for their safety. According to a new report, concussions are occurring more often – not just on the gridiron or on the skating rink but in your own backyard.

A new study published by the Centers for Disease Control and Prevention found that traumatic brain injuries are steadily rising in frequency among children and most of the concussions resulted from playground injuries.

Researchers poured over data from the National Electronic Injury Surveillance System from 2001 to 2013 and found that roughly 21,000 children under the age of 14 suffered brain injuries each year.

A Long Island personal injury attorney with Cellino & Barnes says the new information shows the importance of parental supervision.

“Splinters on those old wooden playgrounds used to be a parent’s biggest concern but we’re learning more about concussions every day in Long Island,” personal injury attorney Ross Cellino said. “Many parents believe their child has a high risk of getting a concussion by playing contact sports but playgrounds can be just as dangerous, if not more dangerous and children often require active supervision.”

The study’s authors said playground developers and municipalities need to rethink strategies and redesign play areas to reduce the number of injuries and the severity of those injuries at playgrounds.

“These may include improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments,” researchers wrote.

The statistics found that only 3 percent of the children injured were hospitalized or taken somewhere for additional treatment. Most of the children were simply sent home after treatment in the ER and safety advocates suspect that many more injuries go unreported.

“Playgrounds have a lot of solid, low-hanging objects and it can be easy for a child to take a heavy blow to the head,” Cellino said. “Although they may seem fine after a few minutes, concussions can have long-term negative side effects and it’s important to get children checked-out by a doctor if you even suspect they may have suffered a concussion.”

Long Island personal injury lawyers say traumatic brain injuries can happen almost anywhere and children are often more susceptible to such an injury. In some cases, your family may be entitled to compensation for your child’s injury.

Cellino & Barnes has been recognized by Best Lawyers, you can easily find a Long Island personal injury lawyer near you for a free consultation.

The Most Dangerous Day of the Week

/ Personal Injury /

The Most Dangerous Day of the WeekNEW YORK – All kinds of accidents happen every day – from car crashes to slip and fall injuries, the world can be a dangerous place. But have you ever wondered what day is the most dangerous day of the week? Someone at LiveScience figured it out.

Using data from the Centers for Disease Control and Prevention, writers at the science news source determined there were nearly 40 million recorded deaths between 1999 and 2014. They said the breakdown was ‘fairly equivocal’ at first glance but it was much different when they broke down the data into different categories.

A Manhattan personal injury attorney at Cellino & Barnes says preventable deaths like accidents skyrocket on the weekends.

“Many drivers for example, can be more reckless on Saturdays and Sundays in Manhattan,” personal injury lawyer Ross Cellino said. “It’s no secret that bars are busier on the weekends and some will choose to drive when they’re intoxicated. This behavior puts everyone at risk.”

Accident-related incidents like car crashes spiked on Saturdays, according the LiveScience’s research. Since 1999, more than 42,000 people have been killed in car accidents on Saturdays and another 40,000 deaths happened on Sundays.

“Almost every type of accident spikes over the weekend,” Cellino said. “People are simply out of the house and the office more.”

From firearm deaths to ‘venomous plant or animal” accidents, Manhattan personal injury lawyers say Saturdays are consistently more dangerous than most other days of the week with one exception:

LiveScience said more than 685,000 heart attacks occurred on the first two work days each week. According to the CDC, nearly 350,000 heart attacks happened on Mondays over the last 15 years.

Watch ‘Autopilot’ Car Prevent A Crash

/ Car Accident, Personal Injury /

BUFFALO, N.Y. – The future of vehicle safety is already on display. Fully autonomous vehicles are on test roads but you’ll see some cars, fit with an array of sensors and cameras, are already making an impact on real-world roads.

Recently, one driver uploaded a video showcasing how this relatively new technology can prevent an accident. The video, which was recorded in April 2016, shows a Tesla Model S automatically swerving to avoid a merging truck.

A Buffalo car accident lawyer at Cellino & Barnes says although the video shows promising improvements in road safety, it also shows the need for drivers to stay sharp behind the wheel.

“Merging vehicles are often very dangerous and it’s important for drivers to remain aware of their surroundings while maneuvering in traffic in a city like Buffalo,” car accident lawyer Steve Barnes said. “Although some cars can now automatically move out of the way, the entire incident could have been avoided.”

Clearly, the driver of the Model S depicted in the video was grateful the car suddenly changed its direction. The video’s description reads:

“Tesla Model S autopilot saved the car autonomously from a side collision from a boom lift truck. I was driving down the interstate and you can see the boom lift truck in question on the left side of the screen on a joining interstate road. Once the roads merged, the truck tried to get to the exit ramp on the right and never saw my Tesla. I actually wasn’t watching that direction and Tessy (the name of my car) was on duty with autopilot engaged. I became aware of the danger when Tessy alerted me with the “immediately take over” warning chime and the car swerving to the right to avoid the side collision.

You can see where I took over when there’s a little bit of blip in the steering. Tessy had already moved to the right to avoid the collision. I was not able to slow down even more due to the heavy traffic (cars were behind me). Once I got behind him I slowly added more room between us until he exited. I was not tail gating after the incident.

It was a mistake on the other driver’s part. He did not even know I was there until I honked my horn. There was a group of women in the black sedan to my left and they went nuts about the guy and what he did (all kinds of gesturing in their car). Once I was beside the truck as it slowed down on the ramp, the guy gestured a “sorry!” I gave him, “it’s okay” wave.

Tessy did great. I have done a lot of testing with the sensors in the car and the software capabilities. I have always been impressed with the car, but I had not tested the car’s side collision avoidance. I am VERY impressed. Excellent job Elon!”

Although it’s not fully autonomous, Tesla’s Autopilot feature allows the vehicle to steer itself in emergencies and warn the driver of a pending side collision. In practice, the system has successfully shown that it can automatically adjust to avoid a crash.

Many safety advocates welcome the safety improvements but warn about the dangers of relying on them.

“It’s encouraging to see that companies are using technology to help prevent accidents.” Barnes said. “But electronic systems can fail so it’s always going to be important to have a deep understanding of how operate a vehicle.”

Tesla’s crash avoidance features were also recorded in action in November when a semi-truck was close to colliding with a different Model S.

Buffalo car accident attorneys say the features are a promising glimpse into the future of vehicle safety but there is no substitute for a safe driver.

How Astronomy Causes Crashes

/ Car Accident, Personal Injury /

How Astronomy Causes CrashesBUFFALO, N.Y. – This time of year can be dangerous for anyone who uses the road. Pedestrians, bicyclists and drivers are at all at risk because of the sun.

During the spring and fall, the sun can cause what’s called “sun blindness,” or sun glare – and it can be incredibly dangerous for those who behind the wheel.

A Buffalo car accident attorney at Cellino and Barnes says this condition spikes because of an astronomical event that only occurs twice in a year.

“Drivers are most at risk of sun glare during the fall and spring because that’s when the sun directly rises in the east and sets to the west of Buffalo,” car accident lawyer Steve Barnes said. “Sunrise and sunset times also coincide with rush hour times and that can make the roads a dangerous place.”

Making matters worse, most cities are constructed on what’s called a “grid.” This means the roads, for the most part, run east to west and north to south.

According to one British study, sun glare causes roughly 3,000 accidents each year – and due to the fact that the U.S. boasts more drivers, the number of accidents could be much greater in America.

The bright sunlight could be affecting drivers differently depending on their age, a recent federal study suggested. Older drivers were found to be more likely to cause a crash if their vision was obstructed by a glare. The study also notes that other bright objects, like billboards and headlights, can also cause vision impairments for the elderly.

According to statistics from the National Highway Traffic Safety Administration, 38.5 percent of the drivers who reported a glare-related crash were over the age of 45.

“Glare can be a difficult problem to address – especially on bright spring days but there are many steps drivers can take to prevent an accident,” Barnes said. “So, while a glare can be a factor; it’s not an excuse and drivers need to take responsibility for their actions if someone gets injured in a crash.”

Buffalo car accident lawyers suggest putting sunglasses in your vehicle, just in case. Many sunglasses can minimize sun glare – and most cars have a convenient compartment to hold your shades.

A clean windshield can also improve a driver’s ability to see through a glare, Barnes said. Dirt and grime can sometimes refract and reflect light but keeping a clean windshield can minimize the stress on your eyes.

Safety advocates also suggest considering alternate routes during your morning and evening commutes. Using north-and-south roads should allow you to avoid sun glare – or you can do a little research and plan your commute well before or after sunrise and sunset.

Finally, attorneys say if you are getting blinded by the light, slow down. Speed is also a factor in many glare-related accidents. Slowing down could save a life.

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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