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racial expert witnesses construction consultants insurance exclusion malpractice duty liability tenant landlord witness required medical malpractice wrongful discharge personal injury Attorneys loss society hair duty warn product strict legal medical insurance uninsured underinsured motorist product strict liability proof nature fact Lawyer Attorney premises care home case personal injury state duty care personal injury medical malpractice defamation laws wrongful termination information loss common interest information defamation services contractor independent witness medical malpractice case Lawyer severe defamation public statement nature extent duty question personal injury Lawyer determining duty care absolute qualified privilege defamation summary motion judgment cause homeowner's recover cause homeowner recover malpractice negligence malpractice expert report personal injury libel figure slander tort intentional spoliation Lawyer nied instructions Lawyer jailers duty offender 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