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injury accident rear injury Attorneys auto personal injury Lawyer society loss expert medical report malpractice Lawyer negligence skilled trades judicial immunity court qualified consent personal injury Lawyer missing claims claim fiduciary duty personal injury Lawyer report crime offender duty negligence analysis property rights sovereign immunity negligence interspousal emergency doctrine practarea Lawyers emergency doctrine articleindex Lawyers emergency doctrine article Lawyers superior respondeat auto accident personal Attorney rear distress damages physical claims tort case liability four elements malpractice duty superior general actions rule superior people actions rule liability policy coverage defining injury Attorney malpractice client california criminal defense intolerable constructive doctrine attractive nuisance care wrongful termination employer punitive damages based disability Lawyer discrimination apportionment legislative negligence shop dram Lawyer factors 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