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Friday, March 06, 2015

So Sue Me, Sue.

Me vs. Me
In a bizarre twist, Utah has become the first state in the nation to recognize that its citizens have the right to sue themselves. Earlier this month, the Utah Court of Appeals ruled in the case of Bagley v. Bagley that Utah law allows a decedent's heir and the personal representative of his estate to sue the driver who allegedly caused the accident that killed him -- in this case, those are all the same people.
According to news reports, Barbara Bagley is her husband's heir and personal representative of his estate and thereby the named plaintiff in the case against herself as the defendant-driver whose negligence allegedly caused the accident. In summary, Ms. Bagley, acting in different capacities, appears on both sides of the case.  As the defendant, Ms. Bagley is represented by her insurance company.
Utah's wrongful-death statute says a person's heir or representative can sue whoever caused the person's death when the death "is caused by the wrongful act or neglect of another." The district court ruled, and the appellate court agreed, that another refers to someone other than the decedent him/herself and that an heir can sue as long as the decedent didn't kill him/herself.
Source:  loweringthebar.net

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