10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
63 H3VOGIU1
she needs additional marital and sexual counseling based on her
disinterest in sex, which she claims is caused by the
defamatory statement.
Our expert, your Honor, likewise found that the far more likely cause of any dysfunction in her marriage which arose at the time of the domestic violence incident and was
more likely the cause of any PTSD pain, suffering, or emotional
distress that she was experiencing.
That domestic violence incident happened in early
March, 2015, a couple of months after the allegedly defamatory statement, and seven months before plaintiff brought this lawsuit.
The criminal proceedings against her husband also are relevant to her damages, apart from Dr. Kliman's testimony. Her husband was ordered to live away from their home, leaving
her to care for her three children alone. He then stopped
participating in the court-ordered domestic violence
counseling, and he fled the country with an active arrest
warrant that remains outstanding to this date from Colorado. All of these alternative sources of emotional distress
for plaintiff should be admitted, as her expert, Dr. Kliman,
has testified, in as far as they impact supposed pain, suffering, loss of enjoyment of life. Motion in limine number 15, any testimony that sex
with a 17-year-old girl is, quote/unquote, lawful. Plaintiff
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
HOUSE_OVERSIGHT_011366