Wednesday, February 01, 2023

Ugandan Activist’s Family Awarded $10.5M for Utah Park Death

By SAM METZ

FILE - Delicate Arch is seen at Arches National Park on April 25, 2021, near Moab, Utah. The United States will pay more than $10 million in damages over the death of Esther Nakajjigo, a prominent Ugandan human rights activist killed in Arches National Park in 2020. Nakajjigo was decapitated after wind swung an untethered metal gate into her car, killing her immediately as her husband sat in the seat next to her. (AP Photo/Lindsay Whitehurst, File)

SALT LAKE CITY (AP) — The United States will pay family members of a Ugandan human rights activist killed in an accident at Arches National Park more than $10 million in damages, a federal judge ruled Monday.

Though the amount was substantially less than pursued, attorneys representing the family of Esther Nakajjigo celebrated the judgement, saying it was the largest federal wrongful death verdict in Utah history.

“By his verdict, Judge Bruce Jenkins has shown the world how the American justice system works to hold its own government accountable and greatly values all lives, including that of Esther Nakajjigo, a remarkable young woman from Uganda,” Randi McGinn, the family’s attorney said in a statement.

Nakajjigo and her husband Ludovic Michaud were vacationing in eastern Utah, visiting the region’s national parks months after their wedding. Recreation areas had recently opened after pandemic-era closures and, on the edge of Arches, a metal gate normally secured with a lock was left untethered.

As the couple was leaving the park, gusts of wind swung the gate around rapidly, enough to slice through the passenger side door of the couple’s car, decapitating Nakajjigo as her husband sat feet away in the driver’s seat.

The gruesome nature of Nakajjigo’s death and the fact that she was a renowned Ugandan women’s rights activist drew widespread attention to the case.

Nakajjigo, who was 25, lived with her husband in Denver, where she moved to attend a leadership course on a full scholarship. She rose from poverty to become the host of a solutions-oriented reality television series in Uganda focused on empowering women on issues such as education and healthcare, and had successfully raised funds to build health care facilities in her hometown.

Because neither the U.S. nor Nakajjigo’s family disputed the facts of the case, the civil suit focused largely on the amount of damages merited. Attorneys representing Michaud and Nakajjigo’s parents asked for $140 million in damages, while the government said an appropriate award would be roughly $3.5 million.

Jenkins awarded Michaud $9.5 million; Nakajjigo’s mother, Christine Namagembe, $700,000; and her father, John Bosco Kateregga, $350,000.

Throughout the trial, attorneys debated estimates of Nakajjigo’s earnings potential. McGinn, representing Nakajjigo’s family, likened her to a nonprofit CEO for an American charity and said she would have likely made millions throughout her life. Attorneys representing the U.S. commended her work, yet noted her most recent job was working at a restaurant making $15 per hour.

In his judgement, Jenkins said the government had provided “a more reasonable projection” of Nakajjigo’s earnings potential.

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