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Accounting Malpractice Suit Barred by SOL

Saturday, November 24, 2018   (0 Comments)
Posted by: Tom Jensen
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Plaintiff dentist hired accountant in 2004 to assist with creation of agreements to purchase 50% of another dentist's practice. The accountant also represented the other dentist in the transaction. In 2005 and 2011 the accountant assisted the other dentist with various transactions having the alleged effect of harming plaintiff dentist. Evidence showed that plaintiff dentist was aware in January or February 2011 that accountant had erred with respect to a tax form filing.  Also in 2011 plaintiff dentist had accountant perform work to purchase a property to house the dental clinic. Suit followed involving the two dentists that was settled. Plaintiff dentist then sued accountant in March 2013 asserting malpractice based on conflict of interest and otherwise. Nebraska's SOL for APL is two years from the alleged act or omission, or one year from discovery if the act or omission could not have been discovered within the two year period. In Colwell v. Mullen, 301 Neb. 408 (Neb. App. Oct. 26, 2018) the court affirmed SJ for the accountant. Plaintiff knew of the 2005 conduct by the other dentist, and knew of the tax form problem two months before the period of limitations incepted. Court also held the continuous representation and continuing tort doctrines did not apply for reasons stated in the opinion.   

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