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SPOON v. JOHNSON

No. A01A0174.

545 S.E.2d 328 (2001)

247 Ga. App. 754

SPOON v. JOHNSON.

Court of Appeals of Georgia.

January 31, 2001.

Attorney(s) appearing for the Case

James B. Sullivan, Decatur, for appellant.

Martin, Snow, Grant & Napier, Blair K. Cleveland, Richard A. Epps, Jr., Macon, for appellee.

PHIPPS, Judge.

Randy Spoon filed a voluntary Chapter 13 federal bankruptcy petition without disclosing the existence of an unliquidated tort claim against Geraldine Johnson. Nonetheless, he later sued Johnson on the claim in a Georgia magistrate court. Although Spoon obtained an award of damages, he appealed to superior court. Johnson moved for summary judgment, arguing that the doctrine of judicial estoppel precludes Spoon from asserting the tort claim due to his...

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