A 55-year old Utah woman 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, Ms 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 Utah appeal court means that Ms 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.
According to the writ – brought by Ms Bagley the widow – she was negligent in failing to keep control of the car.
Reid Tateoka, who is acting on behalf of Ms Bagley in her capacity as a widow, said she has been forced to sue herself to receive money from her insurers.
“The insurance company refused to pay out and said she was at fault.
“It said it was prepared to pay for the car, but it would not take responsibility for her husband.
“She is facing funeral expenses, medical expenses and creditors.”
She can only expect compensation if the court upholds her claim that she was a negligent driver, with the financial responsibility resting with her insurers.
Lawyers acting on behalf of Ms Bagley the negligent driver have sought to have the case dismissed.
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, meanwhile, insisted that Ms Bagley was not going to profit out of her negligence as a driver even if she wins the case as a widow and heir.
“She won’t receive anything personally out of this. It might just take care of a headstone.”
Have you seen this home? Entire property vanishes in Oregon
Baffled detectives in Oregon are searching for an entire home that has disappeared without a trace.
Brazen thieves stole the 1,200 sq ft home from its foundation, police say, but thankfully the owners were not inside at the time.
Thieves have stolen an entire home in Oregon (Photo: KOB15)
Desperate for leads in the bizarre case, Klamath County Sheriff Frank Skrah held up a photo of the missing home at a press conference appeal.
“We had a complete home stolen. This isn’t a motor home, this isn’t a mobile home, this is a home,” he said.
Asked if the property was on wheels, he held out the photo and replied: “No, it was not, it was on the foundation you see it on now.”
Oregon news channel KOBI 5 said the “house was reported missing” to police on February 24th.
The property owners, who do not live there full time, have been informed.
Photographer captures ‘Slurpee’ waves in Massachusetts
Jonathan Nimerfroh, who shared pictures of the “Slurpee Surf” on his Instagram and Twitter pages, said the horizon looked “strange” during his recent visit to the beach in Nantucket.
“The high temp that day was around 19 degrees. The wind was howling from the southwest which would typically make rough or choppy conditions not so good for surfing, but since the surface of the sea was frozen slush the wind did not change the shape. What resulted was perfect, dreamy, slush waves. Most waves were around 2 feet with some larger sets slushing through around 3 foot or waist high. What an experience to be absolutely freezing on the beach watching these roll in…
“The next day I drove up to see if they melted but beginning that same 300 yards away from shore the water had frozen solid and there were no waves at all. I’ve been asking all the fishermen and surfers I know if they have ever seen such a thing and they have all reported that this is a first, a result of it being the coldest winter we’ve had in 81 years. I guess the people I asked weren’t old enough to remember a colder winter than this!”
From London’s Telegraph and United Press International (UPI).
