Andrews v. Diamond, Rash, Leslie & Smith

OPINION

LARSEN, Justice.

In this appeal, we determine whether plaintiffs failure to specifically disclose a claim for legal malpractice against defendant lawyers in his bankruptcy pleadings prevents him from pursuing this lawsuit. We hold that under these facts, it does not. We also hold that plaintiff was entitled to the tolling of limitations provided by the bankruptcy code, and that his theory of successor liability against defendant professional corporation was not addressed by the summary judgment motion. We reverse the summary judgment and remand to the trial court for further proceedings.