; see also Gold v. Greenwich Hosp. January 2018: William Herndon, a mental health technician at North Spring Behavioral Healthcare in Leesburg, Virginia was arrested January 16 on charges of involuntary manslaughter after the state medical examiner concluded that Jeremiah Flemming, the teenage patient he had restrained, died of positional asphyxiation. With the help of another worker, the teen was hauled into a nearby roomand out of the cameras view. Case Details Parties Documents Dockets. DO NOT GO HERE 11 November 2017: BuzzFeed News disclosed continuing allegations of patient assault and abuse at Hill Crest Behavioral Health Services in Alabama. The facilitys CEO reported receiving calls about staff needing help but said he was frustrated that a nurse had called him rather than a weekend supervisor. The lawsuit alleged both the girl and her 15-year-old roommate were raped by two older teenage male patients who were housed on the same floor. the asahi shimbun is widely regarded for its journalism as the most respected daily newspaper in japan. We cannot discern a set of duties or facts in this claim based in ordinary negligence. On security videotape shot at the National Deaf Academy, a 19-year-old girl can be seen arguing with a staff member and exiting a room, and then reentering the room two minutes later clutching her left arm. See DeBoer, 128 Nev. at 411, 282 P.3d at 731 (Aside from the wide range of medical services healthcare-based facilities provide, they also offer diverse nonmedical services to the public, including, but not limited to, aftercare planning with social workers.).4. This kind of conduct should not be tolerated. An NBC News investigation also revealed that 10 patients at NDA alleged physical abuse to a government-funded advocacy group for the disabled. Bending over to retrieve his crutches from the floor, he tried to strike Doughty with them. You can find out more and change our default settings with Cookies Settings. hbbd``b`,`; b01df 4 8 H(r #C%#3r?0 xS Thats what they do. One of the staff who restrained her said that some staff members did hurt patients: When they get off camera, they beat people, he said, referring to the other mental health workers. Since 2001, we have provided acute crisis stabilization and outpatient services to the Las Vegas community and beyond. Copyright 2019 Las Vegas Review-Journal, Inc. | Privacy Policy | Terms of Service, Photos of Gavin Murray Palmer, who died in a house fire, during a candlelight vigil in his memory at Centennial Hills Park in Las Vegas on Oct. 11, 2019. (2011), as recognized in Ellithorpe v. Weismark, 479 S.W.3d 818, 824-26 (Tenn. 2015). For his negligence per se claim, Szymborski argues that Spring Mountain violated NAC 449.332. 2013, http://web.archive.org/web/20200129175425/http://uhsbehindcloseddoors.org/complaint_type/patient-placed-in-involuntary-seclusion-without-clinical-justification/, Sara Berres and Lynne Hough, Girls juvenile residential facility shut down, Santa Rosas Press Gazette, 28 Dec 2012, https://www.srpressgazette.com/article/20121228/lifestyle/312289909?template=ampart, Video shows girl, 15, battered in state juvenile prison, St. Augustine Record, 13 Nov. 2013, https://www.staugustine.com/news/local-news/2012-12-13/video-shows-girl-15-battered-state-juvenile-prison#.VT1d1JPCaSo, Abbott Guilty, Santa Rosas Gazette, 16 Mar. BILL THEIR INSURER. Bill their insurer. As the Bazelon Center reported to the court, While UHS might try to dismiss violations like these as technical or obscure, the children at NDA experienced much more than technical harm. The report noted that the girl was sent later that evening to an emergency room, where she reported abdominal and pelvic pain and got a rape exam. CLOSED, 2019. Follow @riolacanlale on Twitter. Roommates or other patients sexually abused younger and weaker plaintiffs after hours, at times coming into their rooms, without intervention from staff and sexually abused and battered them by groping and fondling their intimate body parts.. Two former employees told CCHR and an NBC News investigation that they personally saw bruising, black eyes and chokeholds used on residents at the facility in 2012, but they felt pressure to cover it up. Nevada law mandates patients can be released after 72 hours, should officials determine they are no longer a threat. The allegations in the lawsuit included assault and battery, negligence, false imprisonment, reckless disregard and violations of the Virginia Consumer Protection Act. The attack happened at a time when Timberlawnhad only one mental health aide to oversee 14 patients on a unit. Given the subtle distinction, a single set of circumstances may sound in both ordinary negligence and medical malpractice, and an inartful complaint will likely use terms that invoke both causes of action, particularly where, as here, the plaintiff is proceeding pro se in district court. . But in 2015, Kingwood Pines was cited for patient safety and patient rights violations. Falsifying records: The night of an alleged assault on a 13-year-old girl by a 17-year-old male patient, Timberlawn had put 16 adolescentsunder the watch of just one mental health aide.The aide on duty that night falsified paperwork to make it look like the 13-year-old and 17-year-old were in common areas at the time of the alleged assault, staffers told inspectors. The revisions to NRS 41A.071 still require that the expert affidavit be submitted by a medical expert who practices in a substantially similar area as the alleged professional negligence. 144 people like . This breach of the standard of care was not based on the social worker's medical judgment. Spring Mountain Behavioral Services | Greater Las Vegas, Nevada Area They arranged to meet up at a parking lot in Sandy on September 29, and Lima allegedly drove the girl to a nearby park and forced her to perform a sex act. 28 to 30 Day Treatment Program; 60 Days (Two Months) Addiction Treatment Program; July 2013: A Miami Herald article reported that, according to estimates released by the Florida Department of Justice, 10 percent of youth at Bristol Youth Academy in Florida reported sexual victimization by staff in 2012. The parents questioned their daughters treatment, including her placement in a geriatric ward. Regardless, at this stage of the proceedings this court must determine whether there is any set of facts that, if true, would entitle Szymborski to relief and not whether there is a set of facts that would not provide Szymborski relief. var hs = document.createElement('script'); hs.type = 'text/javascript'; hs.async = true; Lynette Kish said she believes the sexual assault was what drove her troubled daughter off the edge emotionally, to a point from which she couldn't return. That boy stole a car and caused a car crash in Provo that killed a 65-year-old woman.. Box 61558 367 South Gulph Road King of Prussia, PA 19406, 8 May 2015, http://ctwinvestmentgroup.com/wp-content/uploads/2015/05/CtW-to-John-Herrell-UHS-5-4-15-final.pdf, Lorraine Bailey, Severe Abuse Alleged at Illinois Home for Girls, Courthouse News.com, 10 Sept. 2015, http://web.archive.org/web/20150916015519/http://www.courthousenews.com/2015/09/10/severe-abuse-alleged-at-illinois-home-for-girls.htm, Horrors Behind These Walls: Stories of Alleged Physical, Emotional, And Sexual Abuse at Rock River, My Stateline.com, 2 Feb. 2015, https://www.mystateline.com/news/horrors-behind-these-walls-stories-of-alleged-physical-emotional-and-sexual-abuse-at-rock-river-academy/, National Deaf Academy, Hit with Abuse Allegations, is Closing: FBI investigates Deaf Academy for Abuse Claims, NBC News, 14 Sept. 2014, http://www.nbcnews.com/news/us-news/national-deaf-academy-hit-abuse-allegations-closing-n497516, National Deaf Academy in Mount Dora to close, Orlando Sentinel, 14 Jan. 2016, http://www.orlandosentinel.com/news/lake/os-mount-dora-deaf-academy-closes-2-20160114-story.html, Family suing over teen sons death in psychiatric hospital, 11 Alive, 16 Dec. 2017, updated 20 Feb. 2018, https://www.11alive.com/article/news/local/holding-powerful-accountable/family-suing-over-teen-sons-death-in-psychiatric-hospital/85-499825458, Locked on The PsychWard: Lock them in. 'format' : 'iframe', December 2012: Milton Girls Juvenile Residential facility in East Milton, Florida was closed according to the Florida Department of Juvenile Justice (DJJ), citing significant health, safety and security concerns. Copyright 2023, Thomson Reuters. It appears these documents were prepared by physicians, which demonstrates that the decisions regarding Sean's discharge involved medical judgment or treatment, and the claims Szymborski alleges are breaches of that judgment or treatment and are grounded in medical malpractice. She wrote poetry that she published on the Internet. J.A.C. Murrays lawsuit is seeking more than $45,000 in damages. The Rockford Police Department fielded more than 700 reports concerning victimization of girls under DCFSs care including rape, aggravated battery and sodomy at the Rock River Academy, during a four-year period. Kish's last memory of her daughter is of the two of them singing karaoke about two weeks ago, exuberantly hamming it up. Murray also says that the treatment center failed to warn him that his ex-girlfriend was violent and lacked the mental capacity to be responsible for her own violent and dangerous actions. Those include incidents of alleged child molestation, abuse and patient escapes. He argues that Spring Mountain failed to document that Sean had arranged for a place to live and, therefore, breached NAC 449.332(4) and NAC 449.332(9) (providing that the evaluation of the needs of the patient in discharge planning and the discharge plan must be documented). Op. Further, any complaint or allegation is taken seriously, investigated thoroughly and addressed as appropriate.". One nurse described a near riot among boys in the facility during a period of under-staffing. Egan v. Chambers, 129 Nev. 239, 243, 299 P.3d 364, 367 (2013). They offer treatment and detox for co-occurring substance abuse issues in teens and adults. Im surprised it didnt paralyze my leg, the way that he was slamming it, Vice said., February-September 2017: A teachers aide who worked at Behavioral Education Services, a subsidiary of UHS, in Florida was accused of sexually assaulting a 14-year-old troubled special needs student. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, the staff threatened her and said they were going to put her on a 24-hour hold in solitary confinement. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. The district court determined that the allegations in appellant's complaint regarding the discharge of his son from respondent's treatment center were for medical malpractice, and because appellant did not attach a medical expert affidavit, his complaint required dismissal under NRS 41A.071. Spring Mountain Treatment Center also serves Persons with co-occurring mental and substance abuse disorders and has Spanish, Services for the deaf and hard of hearing available. Assistant State Attorney James Parker described the injuries to the victim as, carpet burns, bruising around the eye and swelling around the face. In March 2013, Abbott was found guilty. 234 0 obj <>stream However, whether the district court considered this letter is immaterial because the district court had determined that Szymborski's claims were for medical malpractice and the letter did not satisfy the requirements of NRS 41A.071. 6. Therefore, we must look to the gravamen or substantial point or essence of each claim rather than its form to see whether each individual claim is for medical malpractice or ordinary negligence. It was weird, but I didnt think much of it. Estate of French, 333 S.W.3d at 557 (citing Black's Law Dictionary 770 (9th ed. 4. Four people were killed across the valley in about a 16-hour span, according to the Metropolitan Police Department. We do not consider this issue, as Spring Mountain raises it for the first time on appeal. She charmed people instantly; she constantly told jokes. This followed a report that police records, state inspection reports, and lawsuits, as well as more than 15 current and former employees all declared that Shadow Mountain was a profoundly troubled facility where frequent violence endangers patients and staff alike, where children as young as five are separated from their parents and held in dangerous situations, and where wards lack adequate staffing. In a letter to the inspector general of the U.S. Department of Health and Human Services, Senator Grassley said reports portray a pattern of conduct that is extremely concerning and cast a dark cloud over UHSs ability to properly care for its patients and whether it is properly billing federal programs. In April 2017, Oklahomas Governor Mary Fallin and Senator Jim Inhofe asked the Oklahoma Department of Human Services to investigate Shadow Mountain Behavioral Health over allegations of systemic abuses of patients. 234 0 obj <> endobj ". District Judge Michelle Leavitt set another hearing for March 9 to appoint him a standby attorney through the Clark County public defenders office. In September a lawsuit on behalf of five plaintiffs was filed in Cook County Court against Rock River alleging sexual abuse and rape by staff. Szymborski alleges that he was not given notice of Sean's discharge in violation of NAC 449.332(11) (requiring hospitals to provide patient's families with information necessary to care for the patient post-discharge). The facility made bed-to-bed transfers from the treatment center to Cumberlands general hospital to increase revenue and profits and pressuring staff to make fraudulent and materially false statements in medical records to justify longer stays. Those included false statements to state health authorities and attempting to serve hundreds of children and adolescents, including the plaintiffs, without appropriate and necessary licenses from the Virginia Department of Health and the Virginia Department of Behavioral Health and Developmental Services. Mass. 47-year-old Renai Palmer locked herself and her son, Gavin, in an upstairs bedroom and started a fire. During 2017, state records showed, North Spring said it terminated employees involved in three physical run-ins with patients, all confirmed by video. February 2020: A staff member at Provo Canyon Behavioral Hospital in Utah was charged on February 6, 2020, with first-degree felony sodomy on a child and second-degree felony enticing a minor. The lawsuit alleged that Renai was known to be dangerous and violent, and the center failed to protect the boy from harm. The DJJ report indicated the teenager received lacerations to her face and ear that looked like it needed stitches., In April 2013, DJJ Secretary Wansley Walters told media, I think there was a culture there that was really being kept secret and being hidden from our department. February 2020: Herschel C. Harden III, a psychotherapist from Cumberland Hospital was arrested and charged over sexual abuse allegations. f\*( {-S'P93dH#Wv20 b0+X*I%$T hXk6Wle86p9%4$}]M})D4Lh While some of the provisions in NAC 449.332 invoke medical judgment, the factual allegations in the complaint and the Division's findings demonstrate that Szymborski alleges violations of NAC 449.332 that do not involve medical judgment, treatment, or diagnosis. It offers 24-hour mobile assessment and referral services by licensed clinicians to individuals with emotional, psychiatric, behavioral and substance abuse problems. Co. v. Wharton, 88 Nev. 183, 186, 495 P.2d 359, 361 (1972) (in determining whether an action is for contract or tort, it is the nature of the grievance rather than the form of the pleadings that determines the character of the action); Benz-Elliot v. Barrett Enters., LP, 456 S.W.3d 140, 148-49 (Tenn. 2015) (the gravamen of the claims rather than the gravamen of the complaint determines statute of limitations issues because parties may assert alternative claims and defenses and request alternative relief in a single complaint, regardless of the consistency of the claims and defenses). You have no idea when youll see your family again. The facility billed his mothers insurance company more than $11,000 for the unwanted stay. The shooting happened on the 9800 block of Venus Lake Court, near Blue Diamond and South Fort Apache roads. The teenage girl who killed herself at the Clark County Juvenile Detention Center on Monday had previously been sexually abused at a juvenile treatment center that was under contract with the state at the time, according to her family, her lawyer and court documents. Kish said that fact makes her think something went wrong in Brittany's case. This case was filed in U.S. District Courts, Nevada District. Three separate civil lawsuits were filed against the facility alleging negligence and abuse of children. Robert Telles, the former Clark County public administrator accused of killing a Review-Journal reporter, is selling five rental properties in Arkansas. Szymborski v. Spring Mountain Treatment Center et al, Court Case No. See Buckwalter v. Eighth Judicial Dist. South Carolina State Department of Health and Environmental Control (DHEC) officials cited the facility with 19 violations including abuse and failing to adequately watch over children. Detox To Rehab. The hospital was cited with noncompliance with human rights regulations. And also in the seclusion roomsthey would be sleeping in there as well. Senator Charles Grassley, Senator Elizabeth Warren and Rep. Joe Kennedy III supported the need for a federal investigation into allegations of patient abuse and fraud at UHSs behavioral facilities. Findings included that patients with the intellectual capacity of young childrenin one case the mental functioning of a 7-year-oldwere not properly supervised and were put at risk of sexual behavior by other residents. The center s staff includes psychiatrists, psychologists, nurses, therapists, social workers, teachers and other health care professionals. The email address cannot be subscribed. The girl was diagnosed with bipolar disorder when she was 9, Kish said. The cases included one child being punched and thrown to the ground, another being doped up and a third coming down with scabies after being at the facility for four months, according to attorney, Bruce Maxwell. _Hasync.push(['Histats.fasi', '1']); 7 October 2020: A registered nurse who formerly worked at Cumberland hospital called for the facility to be shut down, after she said she witnessed child abuse at the facility, according to WTVR-CBS 6. My soul will not allow me to continue employment within a facility where children are knowingly abused without appropriate action being taken reads the resignation letter the nurse sent to the hospital's CEO. We note that there are allegations in Szymborki's first claim that could involve medical diagnosis, treatment, and judgment. When Brittany had been on suicide watch before, her sheets were taken away, Kish said. A trial date was set for February 2021. Here, Szymborski's claims for negligence, malpractice, gross negligence, negligence per se, and negligent hiring, training, and supervision state claims for relief not based in medical treatment or judgment and, therefore, were not for medical malpractice and should not have been dismissed for failure to attach the NRS 41A.071 affidavit. October 2017: The Oklahoma Health Care Authority canceled its contract with Shadow Mountain. As written at the time of filing, NRS 41A.071 only applied to actions for medical or dental malpractice. 2014: David Jackson from the Chicago Tribune was a Pulitzer finalist for the 2014 investigative series about the perils faced by abused children placed in Illinoiss residential treatment centers, which included UHS facilities. Although Szymborski uses terms like medical care and medical treatment in the description of the duty of care owed, the gravamen of this claim is that the social worker committed malpractice and was grossly negligent because the social worker discharged Sean to Szymborski's home, despite knowing of the deeply troubled relationship between Sean and his father, the father's request that Sean not be discharged to his home, and Sean's request to continue on to another location. Amended Class Action lawsuit against UHS, in U.S. District Court Eastern District of PA, 29 Sept. 2017, https://www.saxenawhite.com/wp-content/uploads/2018/12/Universal-Health-DE-Amended-Complaint.pdf, Tara Bannow, Unsealed UHS lawsuits describe improper admissions, extended stays, Modern Healthcare, 17 July 2020, https://www.modernhealthcare.com/providers/unsealed-uhs-lawsuits-describe-improper-admissions-extended-stays, Sexual abuse alleged in $127 million lawsuit against children's hospital in New Kent County, Richmond Dispatch News, 20 Oct. 2020, https://richmond.com/news/state-and-regional/sexual-abuse-alleged-in-127-million-lawsuit-against-childrens-hospital-in-new-kent-county/article_48f551ed-0c7f-5736-aac6-5c05562faca6.html, Vernon Freeman, Jr., Childrens doctor accused of sexual abuse on temporary leave of absence, CBS 6 WTVR, 10 Feb. 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/childrens-doctor-accused-of-sexual-abuse-placed-on-temporary-leave-of-absence, Laura French, $127M lawsuit filed against doctors, Cumberland Hospital for Children for alleged sexual abuse, CBS 6 WTVR, 20 Oct. 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/127m-lawsuit-filed-against-doctors-childrens-hospital-for-alleged-sexual-abuse, New Kent Sherriffs Office Narrative about Dr. Davidow, 13 Apr. Neglecting Neglect? Washington City Paper, 27 May 2011, http://www.washingtoncitypaper.com/articles/40912/is-dc-neglecting-neglect/; http://ir.uhsinc.com/static-files/d951bfe5-231b-49f9-9c26-879ef37db354, Hospital Cited for Poor Treatment Plans and Restraining Patients without Demonstrated Justification, UHS Behind Closed Doors, 13 Jul 2011, http://web.archive.org/web/20191130141924/http://uhsbehindcloseddoors.org/complaint_type/hospital-cited-for-poor-treatment-plans-and-restraining-patients-without-demonstrated-justification/, Millwood Hospital Cited for Failing to Provide Safe Environment for Pediatric & Adolescent Patients, UHS Behind Closed Doors, 28 Jul 2011, http://web.archive.org/web/20191130144306/http://uhsbehindcloseddoors.org/complaint_type/millwood-hospital-cited-for-failing-to-provide-safe-environment-for-pediatric-adolescent-patients/, National Deaf Academy Fined $3,000 for Failing to Monitor Employee Practices and Protect Residents, UHS Behind Closed Doors, 14 Jul 2011, http://web.archive.org/web/20191109063338/http://uhsbehindcloseddoors.org/complaint_type/special-needs-resident-secluded-in-closet/ , West Side's Hartgrove Hospital focus of widening Justice Department, Chicago Tribune, 1 Apr. While the Virginia State Police continues to investigate these claims, the Governor has directed Secretary of Health Daniel Carey to ensure we are doing everything possible on our end to protect the health and safety of patients.. DISCLAIMER: Some programs listed in this directory are not licensed as medical or mental . According to court records, former Spring Mountain employee Barry Bergmann pleaded guilty in February 2004 to statutory sexual assault and child abuse and was sentenced to two to 10 years in prison for the incident that occurred in October 2003. Murray and Palmer shared custody of Gavin, but had not been a couple for five years. And thentheres like three people on me. Further, The reason they held Madison is because we have fantastic insurance benefits, and they can bill over $1,000 a day, and they can keep her for up to what, 30 days? Mrs. Hough told WFAA-TV. "Juvie was a safe place for her to go, and then we could get her back and start over.". Here, as discussed above, the underlying facts of this complaint do not involve medical judgment, treatment, or diagnosis. A staff member grabbed a patient and pushed heronto a stool on her back and in a second incident with another patient, held her in a headlock and wrestled her to the floor. When you visit this site, it may store or retrieve information on your browser, mostly in the form of cookies. at 408, 282 P.3d at 731-32. The girl spent 10 days at the Montevista psychiatric hospital. But, Szymborski's claim for professional negligence against Spring Mountain sounds in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit. Administrator for SPRING MOUNTAIN TREATMENT CENTER, located at 7000 W. Spring Mountain Road, Las Vegas, Nevada 89117 6. Miles Moffeit, Danger in the psych ward: Safety issues plague a chain of mental-health hospitals in Texas and across the United States, Dallas Morning News, 18 March 2016, http://interactives.dallasnews.com/2016/danger-in-the-psych-ward/. The State Department of Health and Environmental Control had cited the facility for 18 violations, including two that were considered by the agency to be among the most serious types of violations. The plaintiffs requested a jury trial. 2013, https://www.srpressgazette.com/article/20130326/LIFESTYLE/303269891, Changes Coming to Florida Juvenile Justice System, WCTV.com, 12 Apr.2013, http://web.archive.org/web/20141119061331/http://www.wctv.tv/home/headlines/Changes-Coming-To-Florida-Juvenile-Justice-System--202790431.html, Former Miltona health tech found guilty of sex abuse, Pensacola News Journal, 7 Mar. "We are surveyed regularly, and like many healthcare facilities, address any deficiencies that may be cited. The crutches fell as the nurse spun him around against the wall and then pushes him down to the floor. The place needs to be shut down. In response to the outcry over this and other sexual assault allegations, James Miller, Timberlawns chief executive, stated: We believe our rate of serious incidents associated with the patient population treated at Timberlawn is within industry norm. Further, we are mindful that over the course of successfully treating thousands of patients per year, isolated and regrettable incidents may occur.[Emphasis added]. Szymborski argues on appeal that the district court erred in denying his motion for reconsideration because the district court did not consider a letter from the Bureau Chief of the Division, providing that the Division's investigation substantiated Szymborski's complaints against Spring Mountain. . Roommates or other patients sexually abused another patient without intervention from staff. We agree as to appellant's claims for negligence, social-worker malpractice, gross negligence, negligence per se, and negligent hiring, supervision, and training, and disagree as to his claim for professional negligence. After investigation, the Division issued a report crediting Szymborski's claims and finding that Spring Mountain committed multiple violations of NAC 449.332. Spring Mountain Sahara - Las Vegas provides mental health treatment in Las Vegas, NV. Spring Mountain Treatment Center et al Case Summary On 05/12/2015 Szymborski filed a Government Benefit - Medicare lawsuit against Spring Mountain Treatment Center. Him around against the facility during a period of under-staffing not discern a set of duties or in... And South Fort Apache roads source of free legal information and resources on 9800... We are surveyed regularly, and like many healthcare facilities, address any deficiencies that may cited... 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News investigation also revealed that 10 patients at NDA alleged physical abuse to a government-funded advocacy for! Brittany 's case surveyed regularly, and the Center failed to protect boy... Gavin, but I didnt think much of it facility during a period of under-staffing when she was 9 kish! That Renai was known to be dangerous and violent, and judgment,... At a time when Timberlawnhad only one mental health treatment in Las Vegas provides mental health aide oversee! Was not based on the Internet be released after 72 hours, should officials determine they are longer!, psychologists, nurses, therapists, social workers, teachers and other health care Authority canceled contract! Based on the 9800 block of Venus Lake Court, near Blue Diamond and South Fort Apache roads a for! There as well lawsuit is seeking more than $ 45,000 in damages are no longer a threat many. Patient without intervention from staff for the first time on appeal mothers insurance company more than $ 45,000 damages...
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