Legal Opinion
Benjamin C. Arp, Appellant, v. James H. Riley Et Al., Respondents
Court of Appeals of Washington
Decided December 28, 2015No. 72613-7-IPublishedCited by 6 opinions
1Opinion of the CourtLeach, J.
¶1 Benjamin C. Arp appeals the trial court’s summary dismissal of his personal injury action against James H. Riley and Sierra Construction Company Inc. (collectively Sierra). The trial court decided that the judicial estoppel doctrine barred this lawsuit because Arp failed to amend the schedules in his Chapter 13 bankruptcy case to inform the court about a personal injury claim he acquired after that court confirmed Arp’s payment plan. Because judicial estoppel is an equitable doctrine to be applied by the trial court through its exercise of discretion on a case-by-case basis after…
2Cases cited23 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
- Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
- Ah Quin v. County of Kauai Department of TransportationCourt of Appeals for the Ninth Circuit · 2013
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sarah Gosney, Res/cross-apps. v. Fireman's Fund Ins. Co., Apps/cross-res.Court of Appeals of Washington · 2018
- Christine Amburgey, V Christopher VolkCourt of Appeals of Washington · 2019
- Arp v. RileyWashington Supreme Court · 2016
- Central Puget Sound Regional Transit Authority V. Marymoor Storage Partners LlcCourt of Appeals of Washington · 2023
- Mcclincy Brothers Floor Coverings Inc. v. Eric ZubelCourt of Appeals of Washington · 2019
1 more not listed; retrieve them via the Exa API.