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HASLETT v. PLANCK

No. 25467-4-III.

166 P.3d 866 (2007)

Robert L. HASLETT, Jr. and Laura Haslett, husband and wife and the marital community comprised thereof, Appellants, v. Juanita M. PLANCK and John Doe Planck, wife and husband and the marital community comprised thereof, Respondents.

Court of Appeals of Washington, Division 3.

September 11, 2007.

Attorney(s) appearing for the Case

Douglas Dwight Phelps, Phelps & Associates, Spokane, WA, for Appellants.

David B. Hansen, Raymond W. Schutts/Managing Atty., Liberty Lake, WA, for Respondents.

STEPHENS, J.

¶ 1 Robert Haslett, Jr. and Laura Haslett appeal the superior court's order granting summary judgment dismissal of their personal injury action against Juanita Planck. The superior court held that the Hasletts' suit was barred under the doctrine of judicial estoppel because the Hasletts' failed to list this claim as an asset in chapter 13 bankruptcy proceedings filed two years earlier. We hold that the superior court abused its discretion when it...

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