Legal malpractice action alleging that attorneys failed to include postemployment restrictive covenants in 2 employments law contracts. Two of Plaintiff corporation’s former employees formed a company that contracted with surgery group to provide anesthesia service that Plaintiff had previously provided. After bench trial, court granted defendants’ motion for directed finding on issue of damages, ruling as a matter of law that an unprofitable business could not recover damages for lost profits despite its sole shareholder being highly compensated as an employee. Court’s ruling portrays improper interpretation of actual finances of professional corporations and would likely prevent such corporations from ever proving lost profits. (McBRIDE and GORDON, concurring)
Illinois Appellate Court
Civil Court
Legal Malpractice