IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON pa an o .1- al • q4c .-. s..., cn HISHM CHONAH, ) No. 76201-0-I ) I c 9;- 11 1- Respondent, ) inn-trt, ) DIVISION ONE s. =1,..-• x ir v. ) 9? ) cn c&-_- ,. in COASTAL VILLAGES POLLOCK, LLC, ) and C/P NORTHERN HAWK, LLC, ) PUBLISHED OPINION ) Appellants. ) FILED: September 4, 2018 ) MANN,A.C.J. —Judicial estoppel is an equitable doctrine that precludes a party from asserting one position in a court proceeding and later seeking an unfair advantage by taking an inconsistent position. The purpose of judicial estoppel is to protect the integrity of the judicial process, not to benefit a party. Hishm Chonah was injured at sea while working for Coastal Villages Pollock, LLC and C/P Northern Hawk, LLC (Coastal Villages). After Chonah filed a Chapter 7 bankruptcy petition without listing his maritime claim, Coastal Villages asserted that his claim was barred by judicial estoppel. Because the trial court did not abuse its discretion concluding that judicial estoppel does not bar Chonah's claim, we affirm. No. 76201-0-1/2 FACTS Hishm Chonah moved to the United States from Sudan in 2001, when he was approximately 27 years old. Chonah held a degree in accounting from a Sudanese university, and when he came to the United States he initially hoped to enter that field. But he needed to study English and send money to his family in Sudan,so he started working in the fishing industry instead. In 2002, Chonah began working on fish processing ships in Alaska for Coastal Villages. In January 2013, Chonah was injured at sea while working as a crewmember on the vessel Northern Hawk. The Jones Act provides seamen injured in the course of employment the right to sue employers for personal injury. 46 U.S.C.§ 30104. Over the next three years, Chonah underwent four surgeries on his neck and back. During this time, Coastal Villages paid maintenance to Chonah under the Jones Act, initially at $25 per day and then $45 per day.1 Chonah was unable to meet his living expenses on this income and he fell into debt In December 2013, after Chonah's bank account was frozen, he sought advice from Brad Puffpaff, an attorney who had been practicing for less than a year. Puffpaff recommended that Chonah declare bankruptcy. Chonah said he didn't understand what that meant, and Puffpaff explained "you won't owe any money and you would get a new start." Chonah told Puffpaff about his accident, surgeries, and the maintenance payments from Coastal Villages. Chonah explained that he couldn't return to fishing I 'Maintenance' under the Jones Act is a per diem living allowance for food and lodging. Dean v. Fishina Co. of Alaska, Inc. 177 Wn.2d 399, 406, 300 P.3d 815(2013)(citing Calmar S S Coro V. Taylor, 303 U.S. 525, 58 S. Ct. 651,82 L. Ed. 993(1938). The duty to pay maintenance'continues until the seaman ... reaches the point of maximum medical recovery.' Dean, 177 Wn.2d ...
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