Quinton Strong v. Acara Solutions, Inc.

         IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

                                NO. 2022-CA-01240-COA

QUINTON STRONG                                                               APPELLANT

v.

ACARA SOLUTIONS, INC.                                                          APPELLEE

DATE OF JUDGMENT:                           11/23/2022
TRIAL JUDGE:                                HON. CELESTE EMBREY WILSON
COURT FROM WHICH APPEALED:                  DESOTO COUNTY CIRCUIT COURT
ATTORNEYS FOR APPELLANT:                    RAYNETRA LASHELL GUSTAVIS
                                            ROGEN K. CHHABRA
ATTORNEYS FOR APPELLEE:                     WILTON V. BYARS III
                                            MARY CHANDLER COSSAR
NATURE OF THE CASE:                         CIVIL - PERSONAL INJURY
DISPOSITION:                                REVERSED AND REMANDED - 12/12/2023
MOTION FOR REHEARING FILED:

       BEFORE WILSON, P.J., GREENLEE AND McCARTY, JJ.

       McCARTY, J., FOR THE COURT:

¶1.    A man filed for bankruptcy. Although he listed a pending workers’ compensation

claim on his petition, he did not disclose a related personal injury case. When he later filed

that personal injury lawsuit, the defendant argued he was judicially estopped due to the

failure to disclose. Finding that all three elements of judicial estoppel were met, the trial

court dismissed the man’s lawsuit with prejudice.

¶2.    On appeal, the man claims that the elements of judicial estoppel were not met.

Finding that the trial court did not have the benefit of a recent decision from the Mississippi

Supreme Court on the proper test to apply, we reverse and remand.

                                           FACTS
¶3.    The facts relevant to this appeal are generally uncontested. Quinton Strong was

employed at Siemens Industry as a warehouse operator. On May 28, 2018, just eight days

after beginning work, Strong was allegedly injured by a forklift that was operated by another

employee. The employee was believed to work for Acara Solutions Inc., formerly known as

Superior Staffing Inc.

¶4.    About seven months later, Strong voluntarily filed for Chapter 13 bankruptcy on

January 2, 2019. That same day, he also filed a claim with the Mississippi Workers’

Compensation Commission against Siemens Industry for the injuries he claimed to have

suffered from the 2018 incident. The attorney representing Strong’s bankruptcy action was

different from the one representing his workers’ compensation claim.

¶5.    On January 22, 2019, Strong filed his summary of assets and liabilities schedule along

with his proposed Chapter 13 plan. In one category, Strong was required to disclose whether

he had any “[c]laims against third parties, whether or not you have filed a lawsuit or made

a demand for payment.” The examples given under this question were “[a]ccidents,

employment disputes, insurance claims, or rights to sue.” Strong responded to the question

by marking “No,” indicating that he did not have any claims against third parties.

¶6.    Strong was also required to disclose “[o]ther contingent and unliquidated claims of

every nature, including counterclaims of the debtor and rights to set off claims.” In response,

Strong marked “Yes,” disclosing he had a “[p]ending Worker’s Comp claim for work related

injury against employer and employers worker’s comp insurance carrier.”

¶7.    Following the filing of Strong’s bankruptcy schedules, the bankruptcy trustee



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conducted the meeting of creditors in the bankruptcy action on February 26, 2019. During

the meeting, Strong was asked the following:

       Trustee:      Did you list all of your assets and all of your creditors?

       Strong:       Yes, except I think I forgot one.

       Trustee:      Who did you forget?

       ....

       Strong:       Continental Financial.

       ....

       Trustee:      Are you currently involved in any type of lawsuit or class
                     action?

       Strong:       Uh, worker’s comp, but I mean . . . .

       Trustee:      Okay. Other than that, anything else?

       Strong:       No, uh, no.

       Trustee:      Is that purely just worker’s comp claim?

       Strong:       Yes, just worker’s comp claim.

¶8.    On April 8, 2019, Strong’s bankruptcy attorney filed an amended Chapter 13 plan on

his behalf. Seventeen days later, on April 25, 2019, Strong’s instant counsel notified his

bankruptcy attorney of Strong’s “ongoing workers’ compensation case and potential 3rd

party case.” Strong’s instant counsel “also provided [his bankruptcy attorney] with copies

of Mr. Strong’s workers’ compensation case and personal injury contracts.” Notably,

Strong’s bankruptcy attorney never updated the bankruptcy schedule to include the potential

personal injury claim.

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¶9.    On December 19, 2019, the bankruptcy trustee filed a motion to dismiss the

bankruptcy case for Strong’s failure to make payments under his Chapter 13 plan. The

bankruptcy court ultimately granted the motion and dismissed the case on March 4, 2020.

Strong’s bankruptcy case was officially closed on May 7, 2020.

                                PROCEDURAL HISTORY

¶10.   On May 26, 2021, Strong filed his initial complaint against Superior Staffing for the

workplace incident that allegedly occurred in 2018. He then filed his first amended

complaint on June 16, 2021. After learning Acara Solutions Inc.—formerly known as

Superior Staffing—was the employer of the forklift operator, Strong filed a second amended

complaint on July 1, 2021.

¶11.   Acara filed a motion for summary judgment on July 28, 2022, along with a

memorandum in support. Acara asserted that “it is undisputed that [Strong] failed to disclose

this personal injury action in his previous bankruptcy litigation and failed to disclose his

bankruptcy in this current litigation.” As such, Acara claimed that “no genuine issue of

material fact” existed and that Strong “should be judicially estopped from pursuing this

claim.”

¶12.   A hearing to address Acara’s motion for summary judgment was held on November

17, 2022. After hearing arguments from both sides, the circuit court decided to “take a stab

at articulating an order from the bench.” Citing prior caselaw, the circuit court found the first

requirement of judicial estoppel was satisfied because “no formal disclosure of the personal

injury suit was made . . . in the bankruptcy.”



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¶13.   Having found Strong’s argument as to the second element of judicial estoppel to be

“without any merit,” the circuit court found the second prong of judicial estoppel was met

because “when the bankruptcy court entered an order discharging the plaintiff from

bankruptcy, the Court effectively accepted the representations that the plaintiff made full and

complete disclosure of their assets.” The circuit court also noted that a court can “accept

representations by confirming a repayment plan . . . .”

¶14.   Noting that “there’s no doubt that the plaintiff knew of the potential claim,” as “it was

his responsibility to make those disclosures,” the circuit court found the third element of

judicial estoppel was met. Additionally, the circuit court found there was “a motive for

concealment because of the potential financial benefit of not disclosing.”

¶15.   On November 23, 2022, the circuit court entered the order granting Acara’s motion

for summary judgment, noting it was the only defendant that appeared. The circuit court also

dismissed Strong’s complaint with prejudice. Aggrieved, Strong appeals.

                                           DISCUSSION

¶16.   On appeal, Strong attacks the finding of judicial estoppel in three ways, generally

arguing that the “elements of judicial estoppel are not met.” But before addressing his

argument, we note that the Supreme Court recently refined the test used by a trial court in

assessing when judicial estoppel applies. And this clarification came only three weeks after

the trial court ruling in Strong’s case.

¶17.   The hearing on Acara’s motion for summary judgment was held on November 17,

2022, and the trial court’s order finding judicial estoppel was entered on November 23. On



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December 15, 2022, the Supreme Court “clarified that the application of judicial estoppel is

a   fact-specific   inquiry   that     must   take   into   account   the   totality of   the

circumstances—including how the bankruptcy court has dealt with the omission.” Saunders

v. Nat’l Collegiate Athletic Ass’n, 

, 621 (¶3) (Miss. 2022).

¶18.   Saunders worked stints at both the University of Mississippi and University of

Louisiana in various capacities, his “career centered on college football.” 

 at (¶5). The

NCAA believed he had committed rule violations while at both schools and investigated him

and assessed sanctions. 

 at (¶6).

¶19.   In 2017, “Saunders and his attorney discussed suing the NCAA,” but he “did not

pursue a lawsuit” due to concerns about cost. 

 (¶8). Just “[t]hree months later

. . . Saunders filed a voluntary petition for Chapter 7 bankruptcy,” and “averred in his

bankruptcy petition that he had no claims against third parties.” 

 (¶9). Even after

an amendment, “he did not identify any potential claim against the NCAA,” and the

discharge was granted in July of 2018. Id.

¶20.   About two years later, Saunders sued the NCAA. Id. Like Acara in this case, the

organization filed a motion for summary judgment, arguing the “claims were barred by the

doctrine of judicial estoppel because Saunders had not disclosed these claims against the

NCAA in his 2018 bankruptcy proceedings.” Id. at (¶11). The trial court found judicial

estoppel applied and dismissed the lawsuit with prejudice. Id. at 622-23 (¶14).

¶21.   In reviewing the grant of summary judgment, the Court set out that “[j]udicial estoppel

has three elements—an asserted legal position inconsistent with one previously taken during



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litigation, a court’s acceptance of that previous position, and no inadvertence in taking the

inconsistent position.” Id. at 624 (¶24). “[T]he first two requirements are not at issue,” with

“[t]he sole question is whether the nondisclosure of his monetary claims to the bankruptcy

court was inadvertent.” Id. (emphasis in original).

¶22.   The Court saw the trial court as determining that “because Saunders had knowledge

of the facts giving rise to the later-filed claims against the NCAA, he had knowledge of the

claims themselves,” and since he “did not disclose them on his bankruptcy schedule, the trial

court declared Saunders’s motive to conceal these claims from the bankruptcy estate to be

‘self-evident.’” Id. at 624 (¶25).

¶23.   But this went too far, as the Court had “recently rejected” the idea that

“non-inadvertence required for judicial estoppel to apply can be merely inferred or

presumed,” even though a line of cases from state and federal courts had allowed that

interpretation. Id. at 625 (¶26).

¶24.   This rejection had come via a special concurrence to a recent judicial estoppel

case—one in which a separate opinion had been joined by a majority of the justices. Id. at

(¶27); see Jones v. Alcorn State Univ., 

, 1076 (¶¶55-56) (Miss. 2022)

(Maxwell, J., specially concurring, joined by Randolph, C.J., Coleman, Beam and

Chamberlin, JJ. Griffis, J., joined this opinion in part).1



       1
          Since the separate opinion garnered a majority of the nine justices voting on the
case, it has precedential value. See Buffington v. State, 

 (¶15) (Miss.
2002) (“[A] majority of all sitting judges is required to create precedent”); Dean v. State,

, 

 (1935) (holding that “no action can be taken by [the
Supreme Court] unless a majority of the judges present concur therein”).

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¶25.   The crux of the special concurrence was that “a court may not mechanically infer bad

motive in every circumstance where a debtor does not disclose a claim on his bankruptcy

schedule.” Id. at 1076 (¶55) (Maxwell, J., specially concurring). “In this respect, in

Mississippi, we have too narrowly cited [federal] precedent to suggest that anytime a debtor

omits a claim or potential claim from his or her schedule, it must be for nefarious reasons,

and judicial estoppel should be applied—with no further questions from the court.” Id.

(Maxwell, J., specially concurring).

¶26.   Summing up this position in Saunders, the Court determined, “[A] majority of this

court agreed that, rather than rely on inferences, trial courts should consider the specific facts

and circumstances to determine if judicial estoppel applies.” 352 So. 3d at 625 (¶27). Given

the precedential value granted by the special concurrence in Jones, it “undisputedly snuffed

out the presumption-based judicial estoppel method, giving much needed clarification to our

bench and bar that the application of judicial estoppel must be facts-and-circumstances

based—not merely presumption based.” Id. at 626 (¶31) (emphasis in original).

¶27.   As the trial court had ruled before the test shifted away from the prior “presumption-

based judicial estoppel method,” the Supreme Court reversed the grant of summary judgment

and remanded. Id. at (¶¶31-32). Importantly, the Court held that “instead of strictly applying

presumptions, courts better promote the equitable principles of judicial estoppel by applying

caution and considering whether the particular circumstances warrant judicial estoppel.” Id.

at 625 (¶28). Over a heated dissent, the majority in Saunders held that this “much needed

clarification” of judicial estoppel warranted a reversal since “the trial judge did not have the



                                                8
benefit of our Jones decision.” Id. at 626 (¶31).

¶28.   We find the same approach should be taken here. The Saunders decision was issued

by the Supreme Court on December 15, 2022. Acara filed its motion for summary judgment

months before—in July 2022—and Strong responded in August. The trial court granted

summary judgment on the basis of estoppel on November 23, about three weeks before the

decision in Saunders.

¶29.   While the parties discussed the merits of the Jones decision in their briefs before the

trial court, with Acara especially relying on the majority in its argument, the modification of

the prevailing test as announced by the special concurrence was not addressed. And since

Saunders was not issued until after the trial court ruled, of course the test was not addressed

by the trial court or the parties. Nor did the trial court and the parties have the benefit of the

majority in Saunders clarifying the Supreme Court had “undisputedly snuffed out the

presumption-based judicial estoppel method, giving much needed clarification to our bench

and bar that the application of judicial estoppel must be facts-and-circumstances based—not

merely presumption based.” Id. at 626 (¶31) (emphasis in original).

¶30.   Furthermore, while the order as entered was silent on this point, the trial court’s ruling

from the bench indicates the now-overruled “presumption based” model was applied. From

the bench, the trial court told the parties, “[T]here’s no doubt that the plaintiff knew of the

potential claim,” as “it was his responsibility to make those disclosures[.]” The trial court

viewed this as “a motive for concealment because of the potential financial benefit of not

disclosing.” This ruling then echoes the very concern expressed by Justice Maxwell in his



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special concurrence in Jones that “a court may not mechanically infer bad motive in every

circumstance where a debtor does not disclose a claim on his bankruptcy schedule.” Jones,

337 So. 3d at 1076 (¶55) (Maxwell, J., specially concurring).

¶31.   Given the change in the law was made clear only three weeks after the trial court

issued its ruling, we find this case should be reversed and remanded for the trial court to

apply the clarified test announced in Saunders, which held that “instead of strictly applying

presumptions, courts better promote the equitable principles of judicial estoppel by applying

caution and considering whether the particular circumstances warrant judicial estoppel.”

Saunders, 352 So. 3d at 625 (¶28).

¶32.   Reversal and remand is in accord with Saunders itself, which reversed in part to apply

the clarified test, as well as other cases from our appellate courts that have reversed and

remanded when there is intervening law issued after a trial court has ruled. See Est. of

Hudson v. Yazoo City, 

 (¶51) (Miss. 2018) (reversing and remanding

when MTCA precedent changed while case was pending, and holding “out of fairness to the

Estate, we find the Estate should be allowed the opportunity to fully present its negligence

claim, beyond its reliance on the overruled Brantley test”); Reverie Boutique LLC v. City of

Waynesboro, 

, 1277 (¶24) (Miss. Ct. App. 2019) (reversing and remanding

MTCA case when “the trial court granted summary judgment on July 2, a little more than a

month after the Supreme Court overruled the Brantley line of cases,” and had not applied the

revised precedent).

¶33.   For this reason, we reverse the grant of summary judgment based on a finding of



                                             10
judicial estoppel and remand for proceedings consistent with Saunders and the special

concurrence of Jones.

                                    CONCLUSION

¶34.   The trial court’s judgment is reversed, and this case is remanded for further

proceedings consistent with this opinion.

¶35.   REVERSED AND REMANDED.

    BARNES, C.J., CARLTON AND WILSON, P.JJ., GREENLEE,
WESTBROOKS, McDONALD, LAWRENCE, SMITH AND EMFINGER, JJ.,
CONCUR.




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