Harrold v. Dowd

TYSON, Judge.

I. Facts

Blair Harrold, O.D. and Allan Barker, O.D. (collectively “plaintiffs”) are licensed optometrists practicing in Nash County, North Carolina. Plaintiffs engaged Richard C. Dowd and Ernst & Young, LLP (collectively “defendants”) to advise them on business opportunities, including mergers and acquisitions.

In 1995, plaintiffs received a merger proposal from PrimeVision Health, Inc. (“PrimeVision”). Defendants initially advised plaintiffs against the merger. After investigating the merger proposal, defendants later advised plaintiffs to consider the proposal. Plaintiffs agreed…