Atlas v. Mayer Hoffman McCann, P.C.

Illinois Appellate Court
Civil Court
Accountant Malpractice
Citation
Case Number: 
2019 IL App (1st) 180939
Decision Date: 
Monday, August 26, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
REYES

Plaintiff companies filed action against accounting firm, on basis of respondeat superior, and their individual accountants, alleging accountants should have discovered their employee's embezzlement. Court properly dismissed complaint with prejudice and denied leave to file a 4th amended complaint. The auditing contract precludes liability, as the Defendants satisfied the writing requirement of subsections 450/30.1(2)(i) and (ii) of the Illinois Public Accounting Act. Amended complaint lacked specific allegations as to Defendants' negligent bookkeeping or preparation of financial statements, compilations, and reviews. Proposed amendments fail to overcome the bar to liability in section 450/30.1 of the Public Accounting Act. (GORDON and BURKE, concurring.)