Mertens v. Lundquist

No issue of liability is raised on this appeal. The questions presented are whether two items of damages are excessive, and whether plaintiffs counsel made an improper argument to the jury which had a prejudicial effect upon the jury’s determination of damages. The questioned items of damages are the $5,000 for pecuniary loss sustained by plaintiff as the result of the death of his wife and the $3,000 awarded for loss of her society and companionship.

Pecuniary Loss.

Both Mertens and his wife were seventy-four years of age at the time of Mrs. Mertens’ death. The life expectancy of each as of…