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JOHNSON v. SI-COR INC.

Nos. 19606-2-III, 19639-9-III.

28 P.3d 832 (2001)

107 Wash.App. 902

Robert JOHNSON, Appellant, v. SI-COR INC., d/b/a, McDonalds of Wenatchee and Lopez Foods Inc., an Oklahoma Corporation doing business in Washington, Respondents.

Court of Appeals of Washington, Division 3, Panel Ten.

August 14, 2001.

Attorney(s) appearing for the Case

John R. Bonin, Renee Hampson, Wenatchee, for Appellant.

Roy A. Umlauf, Forsberg & Umlauf, Seattle, Curtis L. Shoemaker, Paine, Hamblen, Coffin, Brooke & Miller, Spokane, for Respondents.

KURTZ, 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...

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