Smith v. Integrated Management Services, LLC

Plaintiff alleges he fell and injured his back in the course of his employment as a truck driver. Plaintiff later filed for bankruptcy, but did not include this personal injury action in his bankruptcy estate. Record contains ample evidence that Plaintiff deliberately attempted to mislead or deceive bankruptcy court and his creditors,and court and Defendant. Court properly granted summary judgment for Defendant, as  Plaintiff was judicially estopped from bringing personal injury action after failing to disclose claim during bankruptcy proceedings, and as Plaintiff lacked standing to pursue action for his own benefit. (McDADE, concurring; LYTTON, specially concurring.)