Shirley Adams v. Graceland Care Center of Oxford, LLC

¶ 25. I dissent because the plurality opinion applies the wrong standard of review, reaches the wrong result under applicable precedent, and mistakenly implies that the issue of judicial estoppel should be resolved by a jury at trial.

¶26. First, the plurality applies the wrong standard of review. Our Supreme Court has clearly stated that “a trial court’s imposition of judicial estoppel ... is subject to review under an abuse of discretion standard.” Kirk v. Pope, 973 So.2d 981, 986 (¶ 12) (Miss.2007). The Court repeated this point in its initial (subsequently withdrawn) opinion in Copiah…