Oakhill Associates v. D'Amato

The sole issue in this appeal is whether the Appellate Court correctly concluded that the trial court’s misallocation of the burden of proof regarding liability for breach of a fiduciary duty was harmless because the plaintiff failed to prove damages. We answer this question in the negative and therefore reverse the judgment of the Appellate Court.

*725The following facts were either found by the trial court or are undisputed. In 1987, the named defendant, Edward A. D’Amato, Sr., and three other individuals formed the plaintiff partnership, Oakhill Associates (Oakhill). In October, 1987, Oakhill…