As the driver, Barbara suffered a concussion, broken ribs, a shattered wrist and two punctured lungs. But there are aspects to be legally clarified . ” So basically she’s suing herself so that the insurance recovery can follow,” Shima Baradaran, a University of Utah law professor, told to the media. This will be possible because a Utah appeals court essentially agreed with Bagley’s definition that Bagley the driver is a separate party from Bagley the estate representative. So Bagley, the representative of her late husband’s estate, may sue Bagley the driver in the fatal accident for wrongful death. The strange fact is that the jury would be asked to determine how much money will fairly compensate Barbara Bagley for the harm she caused herself, a mission very difficult to achieve without any precedent.
