McFARLING v. EVANESKI

No. 25445-3-III.

171 P.3d 497 (2007)

James McFARLING, Appellant, v. Chrystal EVANESKI, Respondent.

Court of Appeals of Washington, Division 3.

As Amended and Publication Ordered November 1, 2007.


Attorney(s) appearing for the Case

Dustin Douglass Deissner, Van Camp & Deissner, Spokane, WA, for Appellant.

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


SWEENEY, C.J.

¶ 1 Judicial estoppel prohibits a party from taking one position in a court proceeding and then a contrary position in a later proceeding for his own advantage. So a debtor who fails to disclose a claim for personal injuries in a bankruptcy proceeding cannot later assert that claim in a different court. And this is what the plaintiff did here. The trial judge then dismissed his complaint based on judicial estoppel. We conclude that this was a proper...

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