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FERGUSON v. BUILDING MATERIALS

No. 08-0589.

295 S.W.3d 642 (2009)

Jason FERGUSON and Bobbie Ferguson, Petitioners, v. BUILDING MATERIALS CORPORATION OF AMERICA, CPC Logistics, Inc., and Robert James Maddox, Respondents.

Supreme Court of Texas.

Rehearing Denied August 21, 2009.

Attorney(s) appearing for the Case

Kirk L. Pittard, F. Leighton Durham III, Durham & Pittard, LLP, Kimberly A. Stovall, Kimberly A. Stovall & Associates, Dallas, TX, for Petitioner.

Greg K. Winslett, Richard Lee Smith, Matthew Joseph Kita, Quilling, Selander, Cummiskey & Lownds, P.C., Dallas, TX, J. Phillip Griffis, Barlow, Jones & Brust, Houston, TX, for Respondent.

St. Clair Newbern, Law Office of St. Clair Newbern, Fort Worth, TX, for Amicus Curiae.

PER CURIAM.

At issue in this appeal is whether the plaintiffs in a personal injury suit should be estopped from pursuing their claim because they initially omitted it as a listed asset in a pending bankruptcy. The court of appeals, in a divided opinion, concluded that the doctrine of judicial estoppel should apply and affirmed the trial court's dismissal of the plaintiffs' personal injury claim. 276 S.W.3d 45. The court of appeals...

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