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ARKISON v. ETHAN ALLEN, INC.

No. 78481-7.

160 P.3d 13 (2007)

Peter H. ARKISON, solely in his capacity as chapter 7 bankruptcy trustee for Michelle Carter, Appellant, v. ETHAN ALLEN, INC.; Renkins Trading, Inc., a/k/a Renkins, Inc.; Ethan Allen Home Interiors; and John Doe Corporations 1-5, Respondents.

Supreme Court of Washington, En Banc.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Alan Jay Wenokur, Attorney at Law, Seattle, WA, for Appellant.

David Michael Jacobi, Wilson Smith Cochran Dickerson, Sara Ellen `Sally' Metteer, Wilson Smith Cochran Dickerson, Seattle, WA, for Respondent.

Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

Jeffrey Carl Jones, Krutch Lindell, Michael E. Gossler, Montgomery Purdue Blankinship & Austin, Seattle, WA, for Other Parties Michelle Carter.

OWENS, J.

¶ 1 Bankruptcy trustee Peter Arkison seeks review of a trial court order applying the doctrine of judicial estoppel against him and dismissing his claim. We hold that the trial court abused its discretion when it dismissed the bankruptcy trustee's legal claims. Accordingly, we reverse the trial court and remand for further proceedings.

FACTS

¶ 2 On August 10, 2002, Michelle Carter allegedly injured her eye when she was struck...

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