B.C. Phillips and Wife, Barbara Phillips v. Flying J Inc. and Chloe Purifoy

Opinion

B.C. Phillips and his wife Barbara Phillips (the Phillips) appeal from a summary judgment. The two litigants had sued Flying J Inc. and Chioe Purifoy (collectively referred to as Flying J) to recover damages purportedly suffered by B.C. when he slipped and fell at one of Flying J’s gas stations. Once issue was joined, Flying J moved for summary judgment, contending that the Phillips were judicially estopped from pursuing the claim since they failed to disclose it as an asset in their Chapter 13 bankruptcy schedules. The trial court granted the motion and entered judgment denying the…