1934) ("An action in tort to recover compensatory damages for injury to property, rather than to the person, survives, but after the death of the defendant tort-feasor exemplary damages cannot be awarded against his estate or his executrices.").
The issue which confronted the trial court as well as the appellate court was whether or not the patient's expert witness required certification as a specialist in the field in which the principle tort-feasor practiced.
The jury will think that the husband is simply trying to "get rich" off his wife's devastating injuries instead of seeking fair and reasonable compensation from the tort-feasor. If that happens, then his loss-of-consortium claim will fail, and the jury's negative reaction might taint its perception of the injured spouse's claim.