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EZZONE v. HANSEN

No. 89-1834.

474 N.W.2d 548 (1991)

M. Harold EZZONE, Appellant, v. Willis M. HANSEN; Dennis B. Hansen; Precision of New Hampton, Inc.; State Bank of Lawler; and Michael K. Kennedy, Appellees, and Ronald Riccardi a/k/a "Rick" Riccardi, Defendant.

Supreme Court of Iowa.

As Amended on Denial of Rehearing October 11, 1991.

Attorney(s) appearing for the Case

Mark S. Soldat, Algona, and Mary Jane White, Decorah, for appellant.

Andrew F. Van Der Maaten, Anderson, Wilmarth & Van Der Maaten, Decorah, for appellees Willis M. Hansen, Dennis B. Hansen, Precision of New Hampton, Inc., and State Bank of Lawler.

Gregory M. Lederer and James M. Peters, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellee Michael K. Kennedy.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

CARTER, Justice.

Plaintiff, M. Harold Ezzone, challenges the district court's determination that his testimony in other judicial proceedings, inconsistent with his position in the present litigation, bars his right to recovery. The issue was decided on a motion for summary judgment. The question presented on this appeal is whether the doctrine of "judicial estoppel" applies in the present case to bar his claim. The court of appeals determined that it did not. Upon...

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