Warmbrodt v. Blanchard

OPINION

This case is predicated on a malpractice suit brought by the sellers of a business initially against their accountants for failure to liquidate timely a corporation in order to avoid double taxation. Later, the plaintiffs joined their attorneys as defendants.

The attorneys were released from the litigation on a motion for summary judgment. The district judge at the trial of the case, however, gave the jury a comparative negligence instruction which permitted the jury to find that the attorneys were ten percent negligent and the accountants ninety percent. The district judge then…