Kennedy v. Goffstein

At issue is when the statute of limitations commenced on a malpractice claim against a certified public accountant. The statute begins to run at the point when the plaintiff discovers that he has suffered harm due to the actions of the defendant. See Lyons v. Nutt, 436 Mass. 244, 247 (2002). The specific date that “the necessary coalescence of discovery and appreciable harm occur[s],” id. at 251, quoting from Cantu v. St. Paul Cos., 401 Mass. 53, 57 (1987), is a factual question, which, in this case, should have been submitted to the jury. As it was not, we reverse.

Background. In 1993, Brian…