A wrongful death lawsuit against Karen Worthington Brown for her role in the Sept. 20 shooting death of a nurse can go to trial, a judge ruled Wednesday.
Third District Judge Kenneth Rigtrup refused to dismiss a lawsuit against Brown brought by David Roth, the widower of slain nurse Karla Roth."It simply cannot be concluded as a matter of law that defendant Karen Worthington Brown owed no duty to Karla Roth, Dr. Glade B. Curtis and the personnel of Alta View Hospital," Rigtrup concluded in a one-paragraph ruling issued late Wednesday.
Brown could not be reached for comment.
"We're disappointed," said Gary Ferguson, Brown's attorney. "I disagree with the judge's ruling. It looks like a trial will be likely. We have no option to appeal until the trial is over."
Colin King, Roth's attorney, said Rigtrup made the only decision possible in light of the overwhelming evidence.
If Roth prevails, Brown's case would likely become the first in state history in which a wife was found civilly liable for her husband's criminal conduct.
"It is extremely rare in the United States" for a woman to be held civilly accountable for actions taken by her husband, King acknowledged.
But Brown not only knew about her husband's plans to storm Alta View Hospital, she contributed to that event, King said. Her active participation prompted the unusual ruling, he said.
Brown had asked Rigtrup to dismiss Roth's suit against her, claiming she was not required to warn anyone, even if she did know that her former husband, Richard Worthington, was going to the Sandy hospital with violence in mind.
Richard Worthington is serving a life sentence in Utah State Prison for the Sept. 20 shooting death of Roth. The couple was divorced after the Alta View shooting.
"Karen Worthington (Brown) goaded Richard and egged him on, maybe even encouraged him, because she was tired of him bothering her" King said.
"She wanted something to happen so he would stop bothering her. I'm sure she didn't want anyone hurt. But in my view she got to the point where she didn't care."
King said he will ask Rigtrup for a trial date in the next few weeks. Roth is seeking an undisclosed sum for the wrongful death of his wife. Brown has told reporters she is broke. However, she and her ex-husband were covered by a $100,000 homeowner policy when Richard Worthington stormed Alta View Hospital, took hostages, killed Karla Roth and held police at bay for 18 hours.
David Roth believes the couple's insurance policy may cover Richard Worthington's actions.
However, Allstate has filed a suit in U.S. District Court asking a federal judge to decide whether Allstate's policy covers the September incident.
To date, Allstate has paid Brown's legal fees, Ferguson said.