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INGRAM v. THOMPSON

No. 59026-0-I.

169 P.3d 832 (2007)

Curtis INGRAM, Appellant, v. Craig THOMPSON and Jane Doe Thompson, husband and wife, and their marital community, and Steven M. Youngman, and Youngman Trucking, a California corporation, Respondents.

Court of Appeals of Washington, Division 1.

October 22, 2007.

Attorney(s) appearing for the Case

Zachary Lynch Fleet, Attorney at Law, Seattle, WA, for Appellant.

Robert Craig Levin, Mitchell Lang & Smith, Seattle, WA, John Clifford Moore, Attorney at Law, Maple Valley, WA, for Respondents.

BECKER, J.

¶ 1 The trial court capped a plaintiff's potential recovery in a personal injury suit at $5,000, the figure the plaintiff put down on a bankruptcy schedule as an estimate of the claim's value. Capping the damages was an improper application of judicial estoppel. When a debtor discloses an unliquidated claim in bankruptcy as an asset of unknown value, and the bankruptcy court allows the debtor to keep the claim, the debtor is not taking a clearly inconsistent...

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