Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Knott v. Woodstock Farm & Fleet, Inc.

Court of Appeals of Illinois, Second District

February 17, 2017

TERENCE KNOTT, Plaintiff-Appellant,
v.
WOODSTOCK FARM & FLEET, INC., d/b/a Blain's Farm & Fleet, Defendant-Appellee.

         Appeal from the Circuit Court of McHenry County, No. 14-LA-179; the Hon. Thomas A. Meyer, Judge, presiding.

          Daniel M. Breen and Christopher J. Goril, of Breen Goril Law, of Chicago, for appellant.

          Stuart N. Rappaport and David S. Osborne, of Lindsay, Rappaport & Postel, LLC, of Chicago, for appellee.

          Jason Nielson, of Peter Francis Geraci Law, LLC, of Chicago, for amicus curiae.

          Panel JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Jorgensen and Burke concurred in the judgment and opinion.

          OPINION

          McLAREN JUSTICE

         ¶ 1 Plaintiff, Terence Knott, appeals from an order of the circuit court of McHenry County granting defendant, Woodstock Farm & Fleet, Inc., doing business as Blain's Farm & Fleet, summary judgment based on the doctrine of judicial estoppel. Because the trial court improperly applied the doctrine of judicial estoppel, we reverse and remand.

         ¶ 2 I. BACKGROUND

         ¶ 3 On June 11, 2014, plaintiff filed a three-count complaint alleging premises liability, negligence, and spoliation of evidence arising out of an April 7, 2013, accident that occurred at defendant's store.

         ¶ 4 Prior to the commencement of plaintiff's action in the circuit court of McHenry County, plaintiff and his wife (represented by Geraci Law L.L.C. (Geraci)) filed a voluntary petition for chapter 7 bankruptcy on July 8, 2013. See 11 U.S.C. § 701 et seq. (2012). On schedule B, pertaining to personal property, plaintiff stated that he had no "[o]ther contingent and unliquidated claims of any nature" and that he had no "other property of any kind not already listed." Plaintiff listed assets of $196, 250 and liabilities of $306, 301.

         ¶ 5 On August 9, 2013, the bankruptcy trustee, James E. Stevens, issued a "Report of Distribution, " reporting that "there is no property available for distribution from the estate over and above that exempted by law."

         ¶ 6 On October 29, 2013, plaintiff filed amended schedules B and C. On schedule B, regarding "[o]ther contingent and unliquidated claims of any nature, " plaintiff listed "[p]ossible claim versus" and stated that the "[c]urrent value" was "unknown." On schedule C, regarding exemptions for "[o]ther contingent and unliquidated claims of any nature, " plaintiff listed "[p]ossible claim versus" and stated its value at $15, 000, citing section 12-1001(h)(4) of the Code of Civil Procedure (Code) (735 ILCS 5/12-1001(h)(4) (West 2012) (providing an exemption for a debtor to receive payment not to exceed $15, 000 on account of personal bodily injury of the debtor)). Plaintiff declared under the penalty of perjury that the schedules were accurate.

         ¶ 7 On November 29, 2013, plaintiff's counsel in the instant action sent a letter to defendant, advising that counsel had been retained to represent plaintiff "in [sic] claim for damages as a result of injuries he sustained after a skid of merchandise was pushed into him on April 7, 2013, in Woodstock, Illinois." Counsel's letter advised defendant of counsel's lien ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.