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BERGE v. MADER

No. 1-10-3778.

957 N.E.2d 968 (2011)

354 Ill. Dec. 374

Shirley BERGE, Plaintiff-Appellant, v. Kuno MADER and DMG America, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

September 30, 2011.

Attorney(s) appearing for the Case

Deutschman & Associates, P.C., Chicago ( Jeffrey S. Deutschman , of counsel), for Appellant.

Grant & Fanning, Chicago ( Todd E. Carlson , Janet A. Flynn , of counsel), for Appellees.

OPINION

Presiding Justice QUINN delivered the judgment of the court, with opinion.

¶ 1 The trial court held that the doctrine of judicial estoppel prevented plaintiff, Shirley Berge, from pursuing a tort action against defendants Kuno Mader and DMG America, Inc., after failing to disclose the case in her bankruptcy petition. Because Berge's contradictory actions met all the elements for invoking judicial estoppel, we find that the trial court did not...

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