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Surprisingly, yes. Although her case was originally dismissed by a state Third District last year, the Utah Court of Appeals has now approved Barbara Bagley’s unusual decision to file a wrongful death claim against herself. This all stemmed after her husband died in a single-car accident that she allegedly caused.
In December 2011, the couple were making their way across the Nevada desert when they crashed into a sagebrush bush and their vehicle flipped.
Immediately, their sheepdog, Dooly, ran from the scene of the accident, but was found in good health 53 days later.
Bagley’s husband, Bradley Vom Baur, was not as fortunate. His body was thrown from the vehicle, and he was officially pronounced dead 10 days later in the hospital.
Since then, Bagley has been thrown into a whirlwind of turmoil. While dealing with her husband’s death, she’s also weighed down by medical bills, funeral expenses and increasing debt. After finding out that her insurance company was only willing to cover the damage to her vehicle, the idea for a lawsuit was sparked.
Why would someone sue themself?
The drive behind Bagley’s lawsuit remains the same as any other personal injury suit: money. Simply put, after hearing about her wreck, the auto insurance company involved refused to cover the expenses that arose from her husband’s death. As she did cause harm to another person due to negligence, those expenses are thought to technically be covered by her policy. The insurance company resisted, as insurance companies usually do, so she made the decision to take legal action just as anyone else dealing with a loved one’s wrongful death would do.
How will this work in court?
It would be absurd for Bagley to be running from one side of the court to the other, as some might imagine the scene. In reality, there will be attorneys acting on her behalf as the Defendant in court (the insurance company’s side). She will show in person, with her own attorney, as the Plaintiff.
While Bagley’s case is highly unusual, even the most difficult cases do have some hope with the right attorney.
The services of Craig Swapp & Associates remain available for any victim of auto accidents, wrongful death and other personal injury claims in throughout the states of Utah, Idaho or Washington.
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