Harvey v. McLaughlin

CALABRIA, Judge.

John Harvey (“plaintiff’) appeals an order of the trial court dismissing his malpractice claim against Patrick D. McLaughlin, D.C. (“defendant”) for chiropractic treatment. The trial court dismissed plaintiff’s claim on the grounds that it was barred by the doctrine of judicial estoppel. We reverse.

According to a final compromise settlement agreement (the “agreement”) entered into between plaintiff and his employer on 15 August 2002, plaintiff sustained an injury to his back on 9 June 1997 in the course and scope of his employment while trying to move heavy cabinets. The…