MILLER v. CAMPBELL

No. 80276-9.

192 P.3d 352 (2008)

Michael MILLER, Respondent, v. Charles CAMPBELL, as personal representative of the estate of Patrick W. Campbell, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 18, 2008.


Attorney(s) appearing for the Case

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

Rosemary Jane Moore, Lee Smart PS Inc., Seattle, WA, for Petitioner.

Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, Kelby Dahmer Fletcher, Peterson Young Putra, Seattle, WA, Sarah C. Schreck, Attorney at Law, Portland, OR, Amicus Curiae on behalf of Washington State Trial Lawyers Association.


OWENS, J.

¶ 1 We originally granted review of this case to determine whether judicial estoppel should apply to prevent a plaintiff from pursuing a claim of childhood sexual abuse after he failed to disclose the claim as an asset in prior chapter 7 bankruptcy proceedings. However, after accepting review, we granted respondent Michael Miller's motion to substitute the bankruptcy trustee as the real party in interest in this case. The substitution fundamentally...

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