You have presented a hypothetical situation in which Husband and Wife, driving together, are involved in an automobile accident with a third party.
Husband is killed as a result of the accident.
Law Firm represents Wife in a claim against Husband's estate for injuries she received in the accident. Wife has no memory of the accident and can offer no testimony as to the negligence of any party. The driver of the second vehicle asserts that the accident was due to Husband's negligence. Wife's counsel is aware that a certain witness to the accident exists but is unable, through use of its investigator, to locate the witness. Having no other evidence, it is determined that the accident was due to Husband's negligence.