• snooggums@midwest.social
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        7 months ago

        It is a humorous take on this kind of thing by changing it to a boomerang.

        https://law.justia.com/cases/utah/supreme-court/2016/20150182.html

        Bagley, in her capacity as sole heir and personal representative of her deceased husband’s estate, brought suit against herself as an individual, alleging that she negligently caused her husband’s death. Bagley, who sued under Utah’s wrongful death and survival action statutes, brought suit to compel State Farm Insurance Company, with whom she maintained a motor vehicle insurance policy, to indemnify her. The district court dismissed the complaint, concluded that a person cannot simultaneously act as plaintiff and defendant in a wrongful death or survival action suit. The court of appeals reversed. The Supreme Court affirmed, holding that the court of appeals did not err when it concluded that the wrongful death and survival action statutes permit a person acting in the legal capacity of an heir or personal representative to sue herself in an individual capacity for negligently causing a decedent’s death or injury.