Appellate Court Victory in Accounting Malpractice Case
Brendan Nelligan and Matthew J. Egan once again prevailed in the Illinois Appellate Court on behalf of the firm’s clients, an accountant and his firm who were sued for professional malpractice arising from alleged advice they provided certain clients which purportedly resulted in a loss suffered by the clients in a subsequent collections action. The circuit court had dismissed the plaintiffs’ complaint on the grounds that the malpractice claims were time-barred by both the statute of limitations and the statute of repose. In doing so, the court explicitly rejected the application of the continuous course of treatment doctrine to accounting professionals.
The Appellate Court unanimously affirmed the dismissal of the plaintiffs’ complaint against the accountant and his firm. This case is significant because it reiterates the longstanding policy of Illinois courts not to read exceptions into clearly defined statutes concerning time limitations for professional malpractice claims. In particular, Illinois courts have consistently rejected the continuous course of treatment doctrine as a means to toll the statutes of repose and limitations in malpractice actions. See, 2018 IL App (1st) 180716.
You can review the case decision here.