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MOWREY v. CHEVRON PIPE LINE CO.

No. 39346.

315 P.3d 817 (2013)

Robby MOWREY and Kim Mowrey, husband and wife, Plaintiffs-Appellants, v. CHEVRON PIPE LINE COMPANY, a Delaware corporation; Northwest Terminalling Company, a Delaware corporation, Defendants-Respondents, and John or Jane Does, 1-10, John Doe Corporations 1-10, Defendants.

Supreme Court of Idaho, Pocatello, August 2013 Term.

December 6, 2013.

Attorney(s) appearing for the Case

M. Brent Morgan , Chartered, Pocatello, attorneys for Appellants.

Holland & Hart, Boise, attorneys for Respondent. Scott Randolph argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from a district court order dismissing Appellants', Robby and Kim Mowrey ("the Mowreys"), negligence action against Respondent, Chevron Pipe Line Co. ("Chevron"). The district court, on July 13, 2011, ruled that because the Mowreys failed to disclose this claim as an asset in their Chapter 7 bankruptcy proceeding, they were judicially estopped from pursuing this claim against Chevron. In the alternative...

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