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MILLER v. CAMPBELL

No. 56736-5-I.

155 P.3d 154 (2007)

Michael MILLER, Appellant, v. Charles CAMPBELL, as Personal Representative of the Estate of Patrick W. Campbell, Respondent.

Court of Appeals of Washington, Division 1.

April 2, 2007.

Attorney(s) appearing for the Case

Jo-hanna Gladness Read, Law Office of Jo-Hanna Read, Seattle, WA, for Appellant.

Patricia Kay Buchanan, Nicholas L. Jenkins, Lee Smart Cook Martin & Patterson, Seattle, WA, for Respondent.

Debra Leigh Williams Stephens, Attorney at Law, Spokane, WA, Amicus Curiae on behalf of Washington State Trial Lawyers Association Foundation.

BECKER, J.

¶ 1 Four years after going through bankruptcy, appellant Michael Miller sued the estate of his deceased stepfather to recover damages for sexual abuse inflicted upon him by the stepfather when Miller was young. The trial court applied the doctrine of judicial estoppel to dismiss the suit because Miller did not disclose the potential claim as an asset in bankruptcy. Judicial estoppel is an equitable doctrine that bars a litigant from taking "clearly...

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