Illinois Worker Can Sue for Injuries Despite Bankruptcy Case

A worker who lost his leg in an industrial accident can sue a forklift manufacturer for damages, despite failing to disclose the lawsuit in a separate bankruptcy proceeding, the Illinois Supreme Court held Friday.

The high court rejected the argument that Darrius Duniver’s failure to disclose meant any right to bring a personal injury suit rested solely with his bankruptcy trustee.

“To the extent Duniver should have brought the action on behalf of the estate, this could be corrected by amendment,” Justice Lisa Holder White wrote for a unanimous court.

The court also declined to apply judicial estoppel—which prevents parties ...