Jack Rehm v. Robinson Property Group, LLC d/b/a Horseshoe Tunica and The Service Companies, Inc.

Summary

The Mississippi Court of Appeals affirmed summary judgment dismissing Jack Rehm’s personal-injury slip-and-fall lawsuit against Robinson Property Group, LLC and The Service Companies, Inc. The court held that judicial estoppel barred the claim because Rehm failed to disclose it in his Chapter 7 bankruptcy proceeding, the bankruptcy court accepted his nondisclosure, and the omission was not inadvertent. The court reviewed the circuit court’s application of judicial estoppel for abuse of discretion.

Holdings

1. The circuit court did not abuse its discretion because Rehm had knowledge of his personal injury claim and motive to conceal it, and his failure to disclose was not inadvertent.
2. Because the summary judgment was based entirely on judicial estoppel, the only question is whether the circuit court abused its discretion in imposing judicial estoppel; if no abuse, summary judgment was proper. The court found no abuse, so summary judgment was proper.

Questions Presented

1. Whether the circuit court erred in applying judicial estoppel to bar Rehm's personal injury claim.
2. Whether there is a genuine issue of material fact as to whether Rehm's nondisclosure was inadvertent, precluding summary judgment.

Disposition

affirmed