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Carrigg v. Cannon9/10/2001
ial estoppel is such that it should not be applied if doing so would work "an injustice against the party being estopped while simultaneously subverting the judicial process." Hawkins, 342 S.C. at 368, 536 S.E.2d at 706. Therefore, even if judicial estoppel may be invoked against those in privity in South Carolina, under the facts and circumstances of this case, Cannon and Heider are not in privity and judicial estoppel does not apply.
CONCLUSION
For the foregoing reasons, the circuit court's grant of partial summary judgment to Respondents on the issue of liability is
REVERSED AND REMANDED.
GOOLSBY, HUFF, and STILWELL, JJ., concur.
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