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ARP v. RILEY

No. 72613-7-I.

366 P.3d 946 (2015)

Benjamin C. ARP, Appellant, v. James H. RILEY and "Jane Doe" Riley, husband and wife and the marital community composed thereof; and Sierra Construction Co. Inc., a Washington State Corporation, Respondents.

Court of Appeals of Washington, Division 1.

December 28, 2015.

Attorney(s) appearing for the Case

Jeffrey Bruce Wells , Wells and Jarvis, P.S., Seattle, WA, Kenneth Wendell Masters , Shelby R. Frost Lemmel , Masters Law Group PLLC, Bainbridge Island, WA, Ruth a Stacey Moen , Leonard W. Moen & Associates, Renton, WA, for Appellant.

Brett Michael Wieburg , Law Offices of Sweeney Heit & Dietzler, William Jennings O'Brien III , Gregory G. Wallace , Law Office of William J. O'Brien, Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, Seattle, WA, Paul Lawrence Crowley , Lockner & Crowley, Inc., P.S., Tacoma, WA, Clayton G. Kuhn , Sandberg Phoenix, St. Louis, MO, for Respondents.

¶ 1 Benjamin C. Arp appeals the trial court's summary dismissal of his personal injury action against James H. Riley and Sierra Construction Company Inc. (collectively Sierra). The trial court decided that the judicial estoppel doctrine barred this lawsuit because Arp failed to amend the schedules in his Chapter 13 bankruptcy case...

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