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BAM

My firm represented Milestone in that case. Whether the Second District got it right or wrong is a matter of opinion (we respectfully disagree with the decision), but, based on the facts known to date (most of which were not before the appeals court), the plaintiff will not be able to meet the standard set forth by the Second District.

Unfortunately, the Second District's decision means that a not-for-profit organization with a fairly high self-insured retention will spend a lot of money either winning or settling the case.

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