Meet Barbara Bagley. That’s her below…
On December 27th, 2012 Barbara hit a big sagebrush, lost control of and crashed her Range Rover in the desert on Interstate 80 near Battle Mountain, about 225 miles east of Reno, Nevada. The vehicle flipped and her husband, Brad Vom Baur (pictured below), was ejected. He died in the hospital on January 6th, 2012 from crash related injuries, and that’s where the madness began.
After her husband’s demise Barbara was named the Personal Representative of her late husband’s estate and, in her capacity as the “Per-Rep”, Barbara filed a lawsuit against herself, personally, claiming that her own negligence, as the December 27, 2011 driver, caused both her husband’s death and various damages. In her capacity as “Per-Rep” Barbara seeks to have her insurance company pay her damages for her own negligence including, but not limited to, medical and funeral expenses, loss of past and future spousal support, physical pain and suffering that her late husband endured during his ten (10) day hospitalization as well as her own loss of her husband’s love and companionship. Unfortunately for Barbara her Trial Judge wasn’t buying into her theory of prosecution and in January, 2014 he dismissed the lawsuit.
However, in an interesting twist, a year or so later a Utah Appeals Court overturned the Trial Court’s dismissal and effectively gave Barbara the green light to sue herself for negligence, “Per-Rep” v. Person.
The appeal’s court ruled that Barbara was permitted sue herself because legally, as the Per-Rep of her late husband’s estate, she was “another”, and, accordingly, she was in order to benefit her late husband’s estate, not herself. From what I understand both the Utah wrongful death and survival action laws allow for Per-Reps or heirs to sue when “the death of a person is caused by the wrongful act or neglect of another”, and in this instance the Utah Appeals Court decided that Barbara had sued herself as “another” and not as herself.
At Michael A. Haber, P.A. we don’t file frivolous lawsuits. In fact we don’t file any lawsuits. Rather, we defend folks who have been accused of criminality. Say what you will but this case goes to show that crime, most crime anyhow, is honest. In most cases there is a Defendant, there is a Victim, there are some witnesses and there are no “another(s)”.
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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