Utah's highest court rules that the personal representative of an estate may sue herself for wrongful death. Bagley v. Bagley (Utah, No. 20150182, Oct. 27, 2016).
Barbara Bagley lost control of the car she was driving, causing a crash that killed her common law husband, Bradley Vom Baur. Ms. Bagley was named personal representative of Mr. Vom Baur's estate. In order to compel her insurance company to indemnify her, Ms. Bagley in her capacity as personal representative sued herself for wrongful death.
Ms. Bagley filed a motion to dismiss the claim, arguing that the plain language of the wrongful death and survival statutes prevents individuals from suing themselves. The trial court agreed, but the court of appeals reversed. Ms. Bagley appealed.
The Utah Supreme Court affirms, holding that "the plain language of both the wrongful death and survival action statutes permit a person acting as an heir or personal representative to sue him or herself as an individual for damages." In addition, the court rules that neither statute should be modified under the absurdity doctrine because the legislature could have reasonably intended to allow the result.
For the full text of this decision, go to: https://www.utcourts.gov/opinions/supopin/Bagley%20v.%20Bagley20161026.pdf
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