The Utah Court of Appeals has allowed a woman to sue herself over the death of her husband.
In the bizarre case Bagley vs Bagley, the Utah Court of Appeals has allowed a woman to sue herself over the death of her husband.
The court ruled in February that Utah law allows a wrongful-death lawsuit to be filled against driver Barabara Bagley, who allegedly caused the accident that led to her husband’s death, according to The Salt Lake Tribune.
As Bagley was not only the driver of the car that led to the death of her husband, she is also the heir and personal representative of her husband’s estate.
The Utah wrongful-death law states that heirs can sue when death is caused “by the wrongful act or neglect of another,” reported the Tribune.
Driver Bagley’s attorneys argued that ‘of another’ means an heir cannot sue if they have caused the death, but it was ruled that ‘of another’ meant someone other than the deceased person.
So Bagley the heir to the estate and personal representative is suing Bagley the driver, who is represented by her insurance company, who would have to pay the estate if Bagley is found liable.
Bagley the plaintiff is suing Bagley the defendant for damages including medical and funeral expenses; loss of past and future financial support; the physical pain her husband suffered before he died from his injuries and the loss of his love and companionship.
The case was dismissed in January 2014, but was reinstated when the Court of Appeals decided that Utah statutes do not bar Bagley from seeking damages from herself.
Reid Tateoka, one of the attorneys representing Bagley, said that by law, she has to look out for the estate and that any creditors will be paid before she is. Bagley may not get any money from the estate.
