$10.55 Million Verdict for Family of Ugandan Activist Killed by Unsecured Gate at Arches National Park
Won by Frank Penney Injury Lawyers and McGinn Montoya Love Curry & Sievers.
A federal judge awarded $10.55 million to the family of Esther Nakajjigo, a 25-year-old Ugandan human rights activist killed on her honeymoon when an unsecured metal gate arm at Arches National Park swung into her husband's vehicle, delivering the largest federal wrongful death verdict in Utah history.
What happened
Esther 'Essie' Nakajjigo was 25 years old and newly married when she traveled to Arches National Park in southeastern Utah in 2020. A celebrated human rights activist and television host in Uganda whose weekly program reached more than six million viewers, she had been recognized as Uganda's 'Young Personality of the Year.' The trip was her honeymoon.
At a park entrance, a metal gate arm that had been left unsecured by the National Park Service swung loose in the wind and struck the passenger door of the vehicle driven by her husband, Ludovic Michaud. Nakajjigo died at the scene. The plaintiffs' legal team later told the court that an $8 padlock could have kept the gate secured and prevented the tragedy.
Michaud and Nakajjigo's parents filed suit against the federal government under the Federal Tort Claims Act, arguing that the National Park Service was negligent in failing to secure or maintain the gate. The government proposed a total of $3.5 million to resolve all claims. The family sought $140 million.
After a bench trial, U.S. District Judge Bruce S. Jenkins issued findings in January 2023. He described Nakajjigo's death as 'gruesome and overwhelmingly shocking' and ruled in favor of the family. The court awarded Michaud $9.5 million for the loss of his wife. Nakajjigo's mother received $700,000 and her father received $350,000, bringing the total to $10.55 million.
Judge Jenkins's award was the largest federal wrongful death verdict in Utah history. The California Consumer Attorneys organization (CAOC) named Frank D. Penney and Joshua C. Boyce as its Consumer Attorneys of the Year for their work on the case, the organization's highest individual honor.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.CBS News - Arches National Park accident: Esther Nakajjigo's family awarded $10.5 million·Archived copy
- 2.Colorado Sun - Ugandan activist's family awarded $10.5M for Arches National Park death·Archived copy
- 3.Moab Times - Family of woman killed at Arches awarded $10.5M verdict·Archived copy
- 4.California Daily Journal - Consumer Attorneys hand out honors at annual convention·Archived copy
- 5.KUER (NPR Utah): Ugandan activist's family awarded $10.5M for accidental death at Arches (Jan 31, 2023)·Archived copy
- 6.Insurance Journal: Family of Ugandan awarded $10.5M for Utah park death (Feb 3, 2023)·Archived copy
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