Knott v. Woodstock Farm & Fleet, Inc.

Illinois Appellate Court
Civil Court
Judicial Estoppel
Citation
Case Number: 
2017 IL App (2d) 160329
Decision Date: 
Friday, February 17, 2017
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN

Court improperly applied doctrine of judicial estoppel. Viewing facts in light most favorable to Plaintiff, Plaintiff did not clearly and convincingly take factually inconsistent positions. Plaintiff had disclosed to bankruptcy court, in an incomplete manner, that he had a "possible" personal bodily injury claim. Court erred by inferring, based solely on this failure to disclose additional information, that he intended to deceive or mislead bankruptcy court.(JORGENSEN and BURKE, concurring.)