As a widow, Ms Bagley is seeking damages to cover medical and funeral expenses along with compensation for the pain suffered by her husband, Bradley Vom Baur, who died 10 days after the December 2011 crash.
The decision by the Utah appeal court means that Ms Bagley the widow will have to give evidence against herself as a negligent driver...
Reid Tateoka, who is acting on behalf of Ms Bagley in her capacity as a widow, said she has been forced to sue herself to receive money from her insurers.
“The insurance company refused to pay out and said she was at fault. “It said it was prepared to pay for the car, but it would not take responsibility for her husband. “She is facing funeral expenses, medical expenses and creditors.”
She can only expect compensation if the court upholds her claim that she was a negligent driver, with the financial responsibility resting with her insurers.
Lawyers acting on behalf of Ms Bagley the negligent driver have sought to have the case dismissed.
04 March 2015
A woman sues herself...
... in order to get medical and funeral coverage for the accident which claimed the life of her husband.
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I have no particular knowledge of the legalities argued here. But, as an attorney of a few decades, I believe the estate of her husband would do the suing, and I assume she is the executor of his estate and clearly a beneficiary of his estate.
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