Dennis D. Bradford
v.
Scooter's Coffee, LLC, Loving Cup, LLC d/b/a Scooter's Coffee and Sherwood Forest Company
Appellant
Dennis D. Bradford
Appellee
Scooter's Coffee, LLC, Loving Cup, LLC d/b/a Scooter's Coffee and Sherwood Forest Company
Attorney for the Appellant
Erik A. Luthens
Attorneys for the Appellee
LaCygne Howser, for Sherwood Forest Company
J. Scott Bardole, for Scooter's Coffee, LLC and Loving Cup, LLC d/b/a Scooter's Coffee
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Sandy, J., and Vogel, S.J. Opinion by Vogel, S.J. (11 pages)
A plaintiff appeals a summary judgment ruling dismissing his premises-liability claims under judicial estoppel. OPINION HOLDS: Because the plaintiff knew of his premises-liability claims before and during his Chapter 7 bankruptcy proceedings but never disclosed them to the bankruptcy court or his creditors, judicial estoppel bars him from pursuing these undisclosed claims. Thus, we affirm summary judgment for the defendants.