A US woman, 55, has been given permission to sue herself for negligence following a road accident in which her husband died when she lost control of the car.
Barbara Bagley, the negligent driver, is facing a wrongful death lawsuit brought by Barbara Bagley – the widow and representative of her late husband’s estate.
Permission to press ahead with the case has been granted by the Utah appeal court.
As a widow, 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 appeal court means that Bagley, the widow, will have to give evidence against herself as a negligent driver.
She will also face cross-examination by lawyers acting on her behalf as a motorist.
Her husband was thrown from the car when it overturned after hitting a huge sagebrush bush as the couple drove across the Nevada desert. The couple’s sheepdog fled the scene and was recovered 53 days later, safe and sound.
Reid Tateoka, who is acting on behalf of her in her capacity as a widow, said she has been forced to sue herself to receive money from her insurers.
She can only expect compensation if the court upholds her claim. Peter Christensen, who is representing Ms Bagley the motorist, said he expected her claim as widow to be dismissed.
“If the jury finds that the plaintiff is 50% or more at fault for the accident and death, she is barred from recovery,” he said.
Mr Tateoka, insisted that Bagley would not profit out of her negligence as a driver even if she won the case as a widow.
– The Telegraph