Justia Professional Malpractice & Ethics Opinion Summaries

In this professional malpractice action, the Supreme Court vacated the judgment of the appellate court reversing the summary judgment of the trial court in favor of Defendant because Plaintiff could not prove damages and remanded this case to the circuit court for further proceedings consistent with this opinion, holding that remand was required.Plaintiff, a medical and surgical practice, retained Defendant, an accounting firm, in 2013 and terminated Defendant's services in 2015. In 2018, Plaintiff sued Defendant to recover damages for lost profits. Plaintiff designated a certificated public accountant (CPA) as an expert witness, who used the "before-and-after" method to calculate Plaintiff's lost profits. In 2021, the CPA issued updated calculations reflecting "normalizing adjustments" that she had made. The trial court excluded the CPA's expert testimony based on its application of the Daubert-Rochkind factors. The appellate court reversed the trial court's exclusion of the CPA's testimony and remanded the case for further proceedings. The Supreme Court remanded the cause, holding that the trial court erred in its consideration of the normalizing adjustments as reflecting on the reliability of the CPA's methodology, as opposed to the credibility of the CPA herself. View "Katz, Abosch, Windesheim, Gersham & Freedman, P.A. v. Parkway Neuroscience & Spine Institute, LLC" on Justia Law