Board of Trustees of Community College District No. 508 v. Lybrand

I concur with the majority’s finding that defendant is entitled to a setoff against the judgment in the amount of plaintiff’s settlement with Arthur Andersen. I write separately because I conclude that the audit interference doctrine is inconsistent with Illinois’ system of comparative fault. In addition, there is no reasonable basis on which to justify limiting the comparative negligence defense for accountants but not for other service providers. I would find admissible the defendant’s offered evidence of plaintiff’s negligent conduct that was a proximate cause of the alleged injury. Thus,…