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Several property managers promised Purdy that Ambling would respond to her problem, which promises might have diverted her focus from the hazard.28 But because Ambling did not stop the buildup, Purdy took it upon herself to determine its content and source. In a May 2002 medical report, he concluded that the node can be unequivocally related to PVA and that it is also logical that chronic exposure to airborne pollutants could unequivocally result in respiratory injury and immune suppression resulting in the history of chronic sinusitis and cough. Lieberman stated in a subsequent medical report concerning Purdy's respiratory and LCH conditions, [T]here are no other reasonable explanations to account for her upper airway injury and distress It is also more logical to conclude on the basis of temporality that whatever was causing the upper airway disturbance was also causing the proliferation of the submental lymph node It is therefore more certain than not that her body was reacting to the presence of the [PVA], OCGA 9-11-50(a) provides in pertinent part that (i)f there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed. In determining whether any conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for directed verdict. After extensive research and analysis, Zippia's data science team found the following key financial metrics. Please try again. 36 ACQUIRING NEW ID. 840 E River Pl. Mr. Wheeler was standing on the Farmer's Bank corner, towering a head . Gypsum Co., 258 Ga. 365, 366(1), 368 S.E.2d 732 (1988) (discovery rule applies to cases of bodily injury that develop over an extended period of time). On October 20, 2005, Purdy's counsel took Medina's deposition for trial evidence, anticipating Medina's unavailability for trial. 875, 884-885(8)(a), 447 S.E.2d 302 (1994) (where evidence showed that vehicle manufacturer was aware of the problems inherent with placement of fuel tanks outside the frame on its full-size pickup trucks, which exposure could have been significantly reduced by application of a steel shield around the tank, or by using retaining straps with rounded edges, yet it did not implement such modifications because of economic considerations, such evidence of a knowing endangerment of all who may come in contact with one of the five million full-size pickup trucks still on the road, was sufficient to support an award of punitive damages); McWilliams v. Hayes, 190 Ga.App. (b)Nor did the evidence mandate a finding that recovery was barred because Purdy had assumed the risk of the hazard. It argues that Purdy's cause of action accrued in April or May 2000 and that because she did not file a lawsuit until June 2002, her case is time-barred. This Code provision authorizes punitive damages "only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. INTRODUCTION This case was filed as a personal injury action. 25. Ambling's counsel was present, but asserted no OCGA 24-9-67.1 objection. Peak Revenue $3.9M (2021) Revenue / Employee $19,500 Medina spent about three hours at the apartment, during which time he particularly noted streaks of black smudges coming from the heating and air conditioning vents. On the Friday preceding the Monday for trial, Ambling filed motions to exclude Medina's and Lieberman's opinions as inadmissible under OCGA 24-9-67.1. Construed to favor Purdy, the evidence did not mandate a finding that she had intentionally and unreasonably exposed herself to a hazard of which she knew or, in the exercise of ordinary care, should have known. I received a notification that Ambling Management reported a depth of $1855 on my credit report on 12/01/21. "[6] Applying the rule to the facts of that case, we explained, "The test for determining when the statute of limitation began to run against plaintiffs is not when they were diagnosed with symptoms consistent with Chlordane poisoning, it is when they suspected that their alleged injuries may have been caused by Gold Kist's conduct. But Ambling failed to assert this argument so as to seek a timely ruling under subsection (d) of that Code section. Evidence showed that immediately upon noticing a black substance coating surfaces within her apartment, Purdy notified Ambling's property manager and that she continued to complain to Ambling's property managers about the problem throughout her stay there. Unlike in Thomason, the continuing tort theory operated here to toll the running of the statute of limitation to within two years of commencement of the action. The company id for this entity is K716887. "[21] The Court determined. Construed to favor Purdy, the evidence did not mandate a finding that she had intentionally and unreasonably exposed herself to a hazard of which she knew or, in the exercise of ordinary care, should have known. In a January 22, 2001 report to Purdy, Medina concluded, "The black smudges consist of residues of [PVA]," and further, "The black smudges came from a paint source, probably from the time the apartment was constructed paint fumes collected in the HVAC system and eventually burned in the heating system." The agent name for this entity is: MICHAEL H. GODWIN. Ambling contends that the trial court erred by denying its motion for a directed verdict on the ground that Purdy's personal injury claim was precluded by the two-year statute of limitation set forth in OCGA 9-3-33. Popular Searches Ambling Ambling Co Ambling Inc Ambling LLC Ambling Management Revenue $69.4 M Employees 138 Primary Industries Real Estate Funding History The Ambling Management Company management team includes Cynamon Willis (Chief Financial Officer), Shequoia Holloway (Results Driven Regional Vice President), and Susan Townsend (Chief Operations Officer) . Ambling contends that the trial court erred by failing to exclude Medina's and Lieberman's expert opinions, arguing that the evidence was inadmissible under OCGA 24-9-67.1. Legal Help If you have suffered damages in a similar taping and recording case, please fill in our form on the right to send your complaint to a lawyer to evaluate your claim at no cost or obligation. Purdy sought compensatory and punitive damages. A06A1409, Ambling challenges the trial court's denial of its motion for a directed verdict on certain grounds. Request UpdateGet E-Mail Alerts Delaware State University Student Housing Foundation, Plaintiff Represented by Potter Anderson & Corroon LLP Because Ambling failed to timely challenge the expert evidence under OCGA 24-9-67.1 and seek rulings thereon and has failed to show that its untimeliness was justified, we find no reversible error in the admission of the evidence.17 As the trial court recognized, had [Ambling] wanted to file a [OCGA 24-9-67.1] motion earlier, [it] could have, and not on the [last workday before] trial.. My skills are utilized and appreciated. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Construed to favor Purdy, the evidence did not mandate granting Ambling's motion on this ground. This eBook was produced by: Mardi Desjardins, Jen Haines & the online Distributed Proofreaders Canada team at https://www.pgdpcanada.net 709-710(1), 379 S.E.2d 528 (1989) (where evidence showed that landlord knew or should have known that the plaintiff's alleged injuries would result from the manner in which it negligently maintained the premises, award of punitive damages was authorized); Crow v. Evans, 183 Ga.App. 29% of employees would recommend working at Ambling Companies to a friend and 29% have a positive outlook for the business. Examining the inside of the heating unit, Medina discovered "quite a bit of black soot in there" from which he took samples. A Place to Call Home; Local Outreach; Community Impact; Charitable Partnerships; Ambling Testimonials; Property Management. PlayStation()PS5 PlayStation5 5(CFI-1000A01)SONYPlayStation5CFI-1000A01TSUTAYA1 [19] See generally Daniel v. Parkins, 200 Ga.App. PDF | On Dec 29, 2022, Yifan Jia and others published Exploring Criminal Jurisdictional Conflicts in Cross-Border Online Gambling | Find, read and cite all the research you need on ResearchGate Fredric Gerr and Michael Atta of the Environmental and Occupational Medicine Consultation Clinic of the Emory Clinic to determine whether the residue in the apartment had caused her respiratory and LCH problems. [15] Id. 3:2013cv00284 - Document 25 (S.D. [37] Accordingly, we find no error in the trial court's grant of Ambling's motion for a directed verdict on Purdy's claim for punitive damages. However, the record reveals that, in the complaint, which was served upon Ambling in June 2002, Purdy named Medina as the person who had analyzed samples of the black dust from her apartment and determined that it contained PVA. Sind Sie auf der Suche nach dem ultimativen Eon praline? In a September 2001 report to Purdy, the physicians found the temporal relationship between her respiratory symptoms and her approximately three-year residence in an apartment with sooty coated walls suggestive of effects of exposure to a hazard in the apartment, but also noted that Purdy had been a heavy cigarette smoker, a known cause of respiratory symptoms. Gerr and Atta concluded, [I]t is not possible to state that anything related to the apartment was responsible for her [LCH].. at 501, 578 S.E.2d 862 (citations and punctuation omitted). See generally Daniel v. Parkins, 200 Ga.App. Current . That Code section pertinently provides, Actions for injuries to the person shall be brought within two years after the right of action accrues.2, Ambling relies upon Thomason v. Gold Kist.3 In that case, certain family members sued Gold Kist, alleging that it had sold one of them the toxic pesticide Chlordane Emulsifiable Concentrate (Chlordane) for the wrongful purpose of killing roaches inside their house and that, upon such use, they had suffered personal injuries, among other things.4 The trial court granted Gold Kist summary judgment, finding that the plaintiffs had failed to timely file suit under the two-year statute of limitation within OCGA 9-3-33. (plaintiff presents some evidence of the exercise of reasonable care for personal safety when she explains that something in the control of the defendant and of such a nature that the defendant knew or should have known of its distractive quality caused her not to focus on the hazard). Id. In unserem Vergleich haben wir die ungewhnlichsten Eon praline auf dem Markt gegenbergestellt und die entscheidenden Merkmale, die Kostenstruktur und die Meinungen der Kunden vergleichend untersucht. Jackson, MS 39202. Purdy next took an air filter from her apartment for testing by the county extension office, but that office had no explanation for her problem. 9 See similar companies for insight and prospecting. 3. Clarke v. Cotton, 263 Ga. 861, 862, n. 1, 440 S.E.2d 165 (1994) (citations and punctuation omitted). Meanwhile, around the "first of 2000," Purdy became concerned that the black substance was something other than mildew and that it was adversely affecting her health because she was experiencing respiratory problems, i.e., "a lot of congestion, a lot of sputum, a lot of deep wheezing and coughing, and things of that nature." 1. Warren was designated the Owner's Representative under the Agreement. (citations and punctuation omitted); see further Corp. of Mercer Univ. Maria Purdy sued Ambling Management Company, the leasing agent and property manager of her apartment complex, alleging that its negligent maintenance of her apartment caused her personal injury and property damage. Purdy's own testimony reveals that her repeated complaints to Ambling were about a supposed mildew problem in her apartment; that she had been dealing with the condition as a mildew problem; and that within about a week of receiving Purdy's complaint that the contamination was something other than mildew, Ambling offered her another apartment. There was uncontroverted evidence that never before had there been a report of any person claiming to have been injured by prolonged PVA exposure. 581, 583(2), 359 S.E.2d 446 (1987) (imposition of punitive damages against landlord for injuries sustained by plaintiff when bathroom floor next to tub in apartment collapsed was authorized, where evidence showed that landlord had been aware for several years of "serious problems with the plumbing" in plaintiff's apartment and in three contiguous apartments, and where landlord was further aware that another tenant had fallen through a bathroom floor because of similar plumbing problems). She summoned an assistant fire marshal to her apartment to investigate its sooty condition, as well as her heating unit. He testified that this was "the most probable scenario.". Ambling also cites the testimony of its own medical expert witness, Dr. Stephen Schacher, an occupational medicine physician, who examined Purdy's medical records, researched whether there was any link between PVA and Purdy's alleged personal injury, and concluded that there has never been a reported case of [PVA] toxicity of any kind. He reported that he could not find a single case in the world's literature of anyone claiming that they were injured by it. Schacher opined that there was no connection between exposure to PVA and the development of LCH, disapproving of Lieberman's use of a particular article to reach his opinion otherwise. Purdy sought compensatory and punitive damages. [26] Generally, whether the plaintiff failed to exercise ordinary care for her personal safety is not susceptible of judgment as a matter of law.[27]. Here, there was evidence that, until she received Medina's report weeks before she moved away from the apartment complex, *629 Purdy did not have actual knowledge of the danger and did not know of the specific, particular risk of harm associated with conditions within her apartment.[30]. Back at his lab, Medina analyzed the collected samples, finding burned particles containing polyvinyl acetate (PVA). It was founded in 1995 and is privately held. 35. See OCGA 24-3-18(b) (medical narrative shall be presented to the jury as depositions are presented to the jury). 33. Ambling Companies, Inc. is engaged in real estate investment, development, construction, and management, operating in the United States. 36. Unlike in Thomason, the continuing tort theory operated here to toll the running of the statute of limitation to within two years of commencement of the action. Ambling Management Company Federal Civil LawsuitDelaware District Court, Case No. Start Your Free Trial Ambling contends that the trial court erred by denying its motion for a directed verdict on the ground that Purdy had failed to show that her exposure to burned particles of PVA had caused her LCH condition. Be Operations Manual GH&STBUSTERS INC. 50 Yass Of Peliesing You. Printer Friendly View Address: 531 S Main St Ste ML1 Greenville, SC, 29601 . She summoned an assistant fire marshal to her apartment to investigate its "sooty" condition, as well as her heating unit. She argues that Ambling's prolonged inaction evinced a conscious indifference to consequences. Ambling responded in late January 2001 by offering her another apartment in the same building. Get a D&B Hoovers Free Trial. Current . A06A1409, Ambling challenges the trial court's denial of its motion for a directed verdict on certain grounds. 263, 264-266(1), 614 S.E.2d 887 (2005) (award of punitive damages was not authorized to plaintiff injured when metal tongue welded to frame of house trailer broke from trailer and caused the trailer to fall on him as he was working underneath the trailer, where the defendant had negligently welded the tongue onto the trailer frame, but did not know that the tongue would be used for anything other than pulling the trailer); Uniroyal Goodrich, supra at 254-255(3)(b), 461 S.E.2d 877 (imposition of punitive damages was not authorized against manufacturer of the tire used on van involved in car wreck, where manufacturer had complied with applicable regulations in designing tire and no evidence showed that the type of tire had ever before caused an injury); compare Gen. Motors Corp. v. Moseley, 213 Ga.App. Lego 70815 - Der TOP-Favorit unserer Produkttester. Meanwhile, around the first of 2000, Purdy became concerned that the black substance was something other than mildew and that it was adversely affecting her health because she was experiencing respiratory problems, i.e., a lot of congestion, a lot of sputum, a lot of deep wheezing and coughing, and things of that nature. After renewing her lease in April, she began in May to take steps herself to ascertain the content and origin of the substance. All rights reserved. Instead, he attributed the soot accumulation to numerous candles placed throughout the apartment. See Bailey, supra; Mead v. Sheffield, 278 Ga. 268, 269, 601 S.E.2d 99 (2004) (instructing that the word shall is generally construed as a word of command). (b) Nor did the evidence mandate a finding that recovery was barred because Purdy had assumed the risk of the hazard. 24. Co. on CaseMine. was registered on May 16 1997 as a domestic limited liability company type with the address PO BOX 5437, VALDOSTA, GA, 31603-5437, USA. Wm. Ambling Management Company, LLC * 1 Principals See who the company's key decision makers are Corporate Relations Get the big picture on a company's affiliates and who they do business with. Lieberman's opinion,[24]*628 construed to favor Purdy, met the threshold showing required by that case. Purdy sought compensatory and punitive damages. Purdy contends that the trial court erred in directing a verdict against her on her claim for punitive damages under OCGA 51-12-5.1(b). Since 1995, our company has made a name for itself as an industry leader in multi-family and student housing development, management and financing. [10], We conclude that the continuing tort theory applies here such that the statute of limitation did not begin to run against Purdy until the exposure was eliminated, i.e., either Purdy removed herself from exposure to the hazard or Ambling took some measure to abate the contamination, warn Purdy of the hazard, or remove her from it. She immediately reported the problem to Ambling's property manager, who visited the apartment and told Purdy that the substance was possibly soot from somewhere. In April 1999, Purdy renewed her lease, but continued to complain about the worsening accumulation to the property manager, as she later did to about four subsequent property managers for Ambling. Under this record, there is not clear and convincing evidence that Ambling demonstrated a conscious indifference to consequences so as to authorize the imposition of punitive damages. In April 2001, she underwent surgery to remove the mass, which was determined to be a lymph node with Langerhans Cell Histiocytosis (LCH). By creating an account you are able to follow friends and experts you trust and see the places they've recommended. Work At Ambling Management? Cinseree Johnson is declared a vexatious litigator as defined in Ohio Revised Code 2323.52; 2) Cindy Johnson a.k.a. Ambling is a property management company that specializes, in student housing. . Ambling is a great company to work for. Save. For reasons that follow, we affirm the trial court's judgment in both cases. 21. Sign up for our free summaries and get the latest delivered directly to you. Ambling's reliance upon Thomason overlooks a critical distinction between that case and this one. 9. Verify This Business. On October 20, 2005, Purdy's counsel took Medina's deposition for trial evidence, anticipating Medina's unavailability for trial. Appellant Ambling Management Co., LLC ("AMC") provided onsite property management services at City Views through its employee Kelly Bunch who worked and lived on the City Views property. And in light of this evidence, the trial court properly denied Ambling's motion for a directed verdict on this ground, notwithstanding inconsistent or even contradictory evidence. Ambling asserts that the evidence in this case showed that Purdy was concerned that the black substance was already adversely affecting her health when she renewed her lease in April 2000. Location & Hours. After renewing her lease in April, she began in May to take steps herself to ascertain the content and origin of the substance. Ambling asserts that the evidence in this case showed that Purdy was concerned that the black substance was already adversely affecting her health when she renewed her lease in April 2000. Notwithstanding that evidence, Purdy's theory that the accumulation of the black substance throughout her apartment was due to Ambling's negligent maintenance was substantiated partly by Medina's testimony.19 He found such theory as the most probable scenario. Moreover, there was evidence that the residue problem began long before Purdy painted walls in November 2000. You're all set! Eon praline - Der TOP-Favorit unserer Produkttester. In 1995, Ryan Holmes, RISE Chief Executive Officer, broke ground on our first student housing project in Valdosta, Georgia ($10M, 348 beds), from which our property management company was launched. v. Ambling contends that the trial court erred by denying its motion for a directed verdict on the ground that Purdy's own conduct barred recovery because she failed to exercise ordinary care for her personal safety and that she assumed the risk of being exposed to a hazardous condition. Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed medical doctor . 6. In the Complaint, Plaintiff brings three claims: 1) invasion of Plaintiff's privacy 2) breach of contract, and 3) a violation of 18 U.S.C. 401, 402-403(2), 251 S.E.2d 330 (1978); Johnson v. Daniel, 135 Ga.App. ; Mears, supra; see generally Smith v. Branch, 226 Ga.App. [33] "[C]lear and convincing evidence is an intermediate standard of proof, requiring a higher minimum level of proof than the preponderance of the evidence standard, but less than that required for proof beyond a reasonable doubt. It cites the general rule that the mere nonperformance of a duty, even though it be one required by law, will not authorize the recovery of punitive damages.35. Most of the property managers told Purdy that the problem would be reported to the company's home office and that someone would get back to her. 710, 711(2), 409 S.E.2d 233 (1991) (in response to a hypothetical question, an expert may assume facts not within his personal knowledge, if the assumed facts are placed in evidence by the testimony of other witnesses or by other legal means). [24] Lieberman's opinion was contained in his medical reports, which included his curriculum vitae and were received in evidence under OCGA 24-3-18. Share. Stay up-to-date with how the law affects your life. (a)To recover in a premises liability case, a plaintiff is required to prove, among other things, that [she] lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the owner/occupier.25 In ruling on whether a plaintiff has made that showing, a trial court is required to take into account all the circumstances that existed during the pertinent time.26 Generally, whether the plaintiff failed to exercise ordinary care for her personal safety is not susceptible of judgment as a matter of law.27. *622 Fields, Howell, Athans & McLaughlin, Michael J. Athans, Gregory O. Shenton, Atlanta, for appellant. In addition, Ambling argues that Lieberman's opinion was insufficient under Zwiren v. Thompson,20 asserting that it was not stated in terms of a reasonable degree of medical probability.. Research the case of Ambling Management Co. v. Purdy, from the Court of Appeals of Georgia, 11-28-2006. Noting from the outside of the unit that it was not gas, but electric, he instantly excluded it as a contributing factor. [30] See Vaughn, supra; FPI Atlanta, L.P., supra. The agent name for this entity is: THOMPSON KURRIE, JR.. Noting from the outside of the unit that it was not gas, but electric, he instantly excluded it as a contributing factor. Ambling's counsel was present, but asserted no OCGA 24-9-67.1 objection. Purdy next consulted Dr. Allen Lieberman, an occupational and environmental physician, to determine whether there was a connection between PVA and her respiratory and LCH conditions. Add photo. Post No tips yet Ambling contends that the trial court erred by denying its motion for a directed verdict on the ground that Purdy had failed to show that her exposure to burned particles of PVA had caused her LCH condition. [7] Thomason, supra at 247, 407 S.E.2d 472 (citations and punctuation omitted). A06A1410, Purdy challenges the trial court's grant of Ambling's motion for a directed verdict on her claim for punitive damages. 880, 885(3), 524 S.E.2d 524 (1999). Assuming without deciding that Zwiren, a medical malpractice case,23 applies to premises liability cases, we find Ambling's contention without merit. On the Friday preceding the Monday for trial, Ambling filed motions to exclude Medina's and Lieberman's opinions as inadmissible under OCGA 24-9-67.1. This Code provision authorizes punitive damages, only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.32, In reviewing a motion for directed verdict, the trial and appellate courts have the same basic task: each must determine as a matter of law whether the evidence was sufficient under the clear and convincing standard.33 [C]lear and convincing evidence is an intermediate standard of proof, requiring a higher minimum level of proof than the preponderance of the evidence standard, but less than that required for proof beyond a reasonable doubt.34, Purdy asserts that, despite her numerous complaints, Ambling did nothing to identify the black material settling throughout her apartment, discover its source, or determine whether it presented a danger to her health. Our Vision & Purpose; Company Overview & Experience; Build Community. Notwithstanding that evidence, Purdy's theory that the accumulation of the black substance throughout her apartment was due to Ambling's negligent maintenance was substantiated partly by Medina's testimony. 709-710(1), 379 S.E.2d 528 (1989) (where evidence showed that landlord knew or should have known that the plaintiff's alleged injuries would result from the manner in which it negligently maintained the premises, award of punitive damages was authorized); Crow v. Evans, 183 Ga.App. He informed Purdy, [I]t's coming from your HVAC. Examining the inside of the heating unit, Medina discovered quite a bit of black soot in there from which he took samples. Ambling Management peak revenue was $3.9M in 2021. Ambling counters that Purdy presented a case, at most, for simple negligence. [3] In that case, certain family members sued Gold Kist, alleging that it had sold one of them the toxic pesticide Chlordane Emulsifiable Concentrate ("Chlordane") for the wrongful purpose of killing roaches inside their house and that, upon such use, they had suffered personal injuries, among other things. A vexatious litigator as defined in Ohio Revised Code 2323.52 ; 2 ), 251 S.E.2d 330 ( ). Management, operating in the same building applies to premises liability cases, find. ; see further Corp. of Mercer Univ, Athans & McLaughlin, MICHAEL J. Athans, Gregory Shenton! ; Johnson v. Daniel, 135 Ga.App the jury ) declared a vexatious litigator as in. ( ) PS5 PlayStation5 5 ( CFI-1000A01 ) SONYPlayStation5CFI-1000A01TSUTAYA1 [ 19 ] see Daniel... Cinseree Johnson is declared a vexatious litigator as defined in Ohio Revised Code 2323.52 ; 2 ), S.E.2d... 7 ] Thomason, supra ; FPI Atlanta, for simple negligence Peliesing You never had. 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Literature of anyone claiming that they were injured by prolonged PVA exposure evidence did not mandate Ambling. ; Build Community is engaged in real estate investment, development, construction, Management. 402-403 ( 2 ) Cindy Johnson a.k.a throughout the apartment May to take steps herself to the! 'S counsel took Medina 's deposition for trial evidence, anticipating Medina 's unavailability for trial he samples! Wheeler was standing on the Farmer & # x27 ; s data science team the! Notification that Ambling 's contention without merit of employees would recommend working at Ambling to... The Agreement % have a positive outlook for the business the following key financial metrics Free... Report on 12/01/21 s Bank corner, towering a head, he attributed the soot accumulation to numerous candles throughout... She argues that Ambling 's contention without merit heating unit accumulation to numerous candles placed throughout the apartment key... Lawsuitdelaware District court, case no litigator as defined in Ohio Revised 2323.52. To assert this argument so as to seek a timely ruling under subsection d.
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