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Yes, if there was no outstanding long-term physical or mental damage, then the suit would collapse before it ever would be presented to a judge.
Unless someone with in an inordinate amount of money, time, and arrogance would pursue an endeavor such as this, it would be better just to chalk this circumstance up to simple miscommunication.
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As human beings, our greatness lies not so much in being able to remake the world (that is the myth of the Atomic Age) as in being able to remake ourselves. —Mohandas K. Gandhi
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