Legal Opinion
Johnson v. Si-Cor, Inc.
Court of Appeals of Washington
Decided August 14, 2001No. Nos. 19606-2-III; 19639-9-IIIPublished
1Opinion of the CourtKurtz, C.J.
During the time that Robert Johnson was going through bankruptcy, he broke a tooth biting into a McDonalds sandwich. After his bankruptcy case was closed, Mr. Johnson filed a lawsuit against Si-Cor, Inc., of Wenatchee and Lopez Foods (collectively referred to as McDonalds). The superior court granted McDonalds’ motion for summary judgment based on judicial estoppel. Judicial estoppel precludes a party from taking a position inconsistent with a position that the party previously took in litigation. The court reasoned that Mr. Johnson’s failure to disclose his claim against McDonalds in his…
2Cases cited11 opinions
- Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
- Interstate Fire & Casualty Co. v. Underwriters at Lloyd's, LondonCourt of Appeals for the Ninth Circuit · 1998
- Butler v. Supreme CourtWashington Supreme Court · 1909
- Sprague v. Sysco Corp.Court of Appeals of Washington · 1999
- Markley v. MarkleyWashington Supreme Court · 1948
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