ELDRIDGE, Judge.
This case raises the issue of first impression of whether the voluntary dismissal of a Chapter 13 wage-earners plan not amended to schedule a medical malpractice claim arising after filing is sufficient to avoid judicial estoppel. The trial court denied the defendants' motion for summary judgment on this ground, and we affirm.
In May 1998, Shawn Wert underwent abdominal surgery and was treated by Drs. Edward B. Weiser and William A. Godfrey...
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