"" A Utah woman will be the plaintiff and the
defendant in a wrongful death lawsuit that has
legal experts scratching their heads.
Barbara Bagley was driving her family's Range
Rover Dec. 27, 2011 on Interstate 80 near
Battle Mountain, Nev., when it slid on
sagebrush on Interstate 80, and flipped. Her
husband, Bradley Vom Baur, was sent flying
from the vehicle, suffered major injuries and
died nearly two weeks later in a hospital,
according to the Salt Lake Tribune. Bagley,
48, suffered a concussion, broken ribs, a
shattered wrist and two punctured lungs. One
of her dogs, a Shetland sheepdog named
Dooley, ran from the scene and wandered the
desert for 53 days before being found.
Now, a Utah court has ruled Bagley, the
representative of her late husband's estate,
may sue Bagley the driver in the fatal accident
for wrongful death. In her suit, Bagley accuses
herself of being negligent for failing to
maintain a proper lookout and to keep her
vehicle under proper control. She seeks an
unspecified amount of money for damages
that include 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 lawsuit boils down to the definition of 'of
another.' A Utah appeals court essentially
agreed with Bagley's definition that Bagley
the driver is a separate party from Bagley the
estate representative. Bagley the driver is
represented by her insurance company and the
suit, according to one legal expert, is likely an
attempt for her to collect on an insurance
payout.
"So basically she's suing herself so that the
insurance recovery can follow," Shima
Baradaran, a University of Utah law professor,
told ABC4 News.
Baradaran called the case rare and "pretty
ludicrous."
The case was dismissed last year but was
reinstated by the Utah appeals court.
"The jury would be asked to determine how
much money will fairly compensate Barbara
Bagley for the harm she caused herself. The
jury will be highly confused—it cannot order a
person to compensate herself," defense
attorneys stated in a motion to dismiss the
suit, according to ABC4 News. It is unclear if
the case will be appealed at the Utah Supreme
Court.
The single-vehicle accident occurred about
225 miles east of Reno. Her reunification with
Dooley made local headlines, and brought
Bagley some solace.
"It was a horrible day for me," Bagley recalled
at the time. "But something inside me told me
Dooley was still alive out there. I wasn't 100
percent sure, but I didn't grieve for Dooley like
I did for my husband and our other dog.""
Link.


[quote] Now, a Utah court has ruled Bagley, the
representative of her late husband's estate,
may sue Bagley the driver in the fatal accident
for wrongful death[/url]
That Utah court is dumb lol

@WalkSoftly: Cute title :) Stupid laws... Lol