- there are 2 issues in this case with regard to damages:
1. Her smoking
2. the affair that occcured in an almost 50 year marriage.
The smoking is pertinent, because
A. people who smoke has an inability to heal
B. I shortens their life expectancy
Next is the affair.. I do not think this would effect the amount of money the widower should receive
A. they went back together
B. she forgave him (probably) and
C. He learned his lesson because he did not stray again..
D. He has to live with the guilt of adultery which is a sin.
His adultery is between him and God, not between him and a jury..
As far as the smoking issue goes..
I need to hear from experts to see how her wound was effected by her smoking. Not a general theory.
Ofcourse if the defendant did not plow into her, we wouldn't be debating her healing ability.
I want to know what the life expectancy of a 67 year old smoker is..
I would award 10k per year in loss of companionship for each year of that life expectancy.
I do not believe she would have lived another 20 years
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