Middleton v. Caterpillar Industrial, Inc.

979 So.2d 53 (2007)

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Middleton v. Caterpillar Industrial, Inc.

Alabama Supreme Court
979 So.2d 53 (2007)

Facts

Daniel A. Middleton, Jr. (plaintiff) was a South Carolina employee of Ryan Walsh, Inc., subsequently known as Stevedoring Services of America Gulf Terminals, Inc. (SSA) (defendant), an Alabama corporation. In December 2000, Middleton was injured in a workplace accident involving a Caterpillar industrial lift truck. Middleton filed a federal workers’-compensation claim against SSA under the Longshore and Harbor Workers’ Compensation Act, and in 2002 Middleton filed a personal-injury action against SSA and Caterpillar Industrial, Inc. (Caterpillar) (defendant) in Alabama state court. Shortly before his accident, in September 2000, Middleton had filed a petition for Chapter 13 bankruptcy protection. Middleton’s petition was dismissed six months later. Middleton refiled in 2001, and his bankruptcy plan was approved in 2001. As part of the bankruptcy proceedings, Middleton was required to file a Schedule B to disclose all contingent and unliquidated claims. Middleton at no point disclosed his claims against SSA or Caterpillar. In his responses to Caterpillar’s interrogatories in the personal-injury action, Middleton did not disclose his bankruptcy petition. In October 2005, Caterpillar moved for summary judgment, arguing that because Middleton had not disclosed his claim against Caterpillar in the bankruptcy proceeding, he was judicially estopped from maintaining the action. The trial court applied Alabama law on judicial estoppel and granted summary judgment in favor of Caterpillar. Middleton appealed, arguing that the trial court should have applied South Carolina law on judicial estoppel.

Rule of Law

Issue

Holding and Reasoning (Cobb, C.J.)

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