Bagley v. Bagley

On Certiorari to the Utah Court of Appeals

Chief Justice Durrant,

opinion of the Court:

Introduction

¶ 1 This case is about whether a person acting in the capacity of sole heir and personal representative of an estate can sue him or herself as an individual for damages under the wrongful death and survival action statutes. Barbara Bagley, in her capacity as sole heir and personal representative of her deceased husband’s estate, argues that these statutes permit her to sue herself as an individual for negligently causing her husband’s death. Through this suit, Ms. Bagley hopes to secure certain…