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2022€0334 I. FACTS A number of witnesses testified at trial, including Defendant, Howard's physician, former caregivers, friends, and family members. The following relevant facts were established: Howard's husband, Johnny, died in March 2015. Howard suffered a stroke many years ago and was wheelchair-bound as a result. Her late husband was her sole caretaker for approximately 18 years. Howard's treating physician for 20 years, Dr. John Wagner, testified that she had no upper mobility on her left side and she was 90% paralyzed in her left leg. Howard also suffered from a neurological condition called pseudobulbar affect as a result of her stroke, characterized by sudden episodes of crying or laughing. A number of witnesses testified that Howard was very emotional and sometimes would cry for no apparent reason. Howard first met Defendant in late 2015 when he sold her a power wheelchair. She was 74 and he was 58 years old at the time. Defendant testified that Howard continued to contact him on occasion by phone thereafter, sometimes expressing confusion as to whom she was trying to reach. The two eventually developed a friendship. Defendant testified that he took her out for ice cream, burgers and fries, and it was evident to him that she enjoyed getting out and spending time with him. Howard lived in an assisted living facility at the time. She also owned another home located at 540 S. Woodland Dr. in Grand Island, Nebraska. She told Defendant that she had no children or immediate family members. It appears Howard was estranged from her siblings, but had maintained some contact with her nieces and nephews. Defendant testified that Howard "liked" her nieces and nephews. Plaintiffs generally testified that they spoke with Howard on the phone occasionally and saw her at the holidays. Defendant testified that his friendship with Howard continued to grow in 2016 and 2017, and the two often went to the park to feed the ducks, they went to the movies, or they went out for ice cream or for dinner. They began to travel together and took several trips, including to South Dakota, Tennessee, New York, Missouri, and elsewhere. Photographs of some of those trips were offered and received as Exhibits 17-19. It was not entirely clear who funded the trips, but Defendant testified that they often took his vehicle and that 2 Certified Page 2 of 17