Legal Opinion
McFarling v. Evaneski
Court of Appeals of Washington
Decided September 11, 2007No. 25445-3-IIIPublishedCited by 7 opinions
1Opinion of the CourtSweeney, C.J.
¶1 Judicial estoppel prohibits a party from taking one position in a court proceeding and then a contrary position in a later proceeding for his own advantage. So a debtor who fails to disclose a claim for personal injuries in a bankruptcy proceeding cannot later assert that claim in a different court. And this is what the plaintiff did here. The trial judge then dismissed his complaint based on judicial estoppel. We conclude that this was a proper application of the doctrine and affirm the dismissal.
FACTS
¶2 Crystal Evaneski drove her car into the rear of James McFarling’s car on August 27,…
2Cases cited16 opinions
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- Sheikh v. ChoeWashington Supreme Court · 2006
- Aba Sheikh v. ChoeWashington Supreme Court · 2006
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3Cited by7 opinions
- Stephen Kerr Eugster v. Washington State Bar AssociationCourt of Appeals of Washington · 2017
- Harris v. FortinCourt of Appeals of Washington · 2014
- McFarling v. EvaneskiCourt of Appeals of Washington · 2007
- Baldwin v. SilverCourt of Appeals of Washington · 2008
- Baldwin v. SilverCourt of Appeals of Washington · 2008
2 more not listed; retrieve them via the Exa API.