Cox v. Hardrick

McFADDEN, Judge.

Barbara Cox sued Carolyn Hardrick for personal injuries allegedly arising out of an automobile collision. Hardrick moved for summary judgment on the ground that the lawsuit is barred by the doctrine of judicial estoppel since it was not listed as an asset in Cox’s previous bankruptcy proceeding. The trial court granted summary judgment to Hardrick, and Cox appeals. Because there exist genuine issues of material fact as to whether the claim is judicially estopped, we reverse.

Under the doctrine of judicial estoppel, a party is precluded from asserting a position in a judicial…