03-1891 Donahue’s Accounting and Tax Service, S.C. v. Ryno

By: dmc-admin//December 22, 2003//

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Expert testimony is generally required to establish the standard of care and breach of duty in an accounting malpractice action, except when the breach is either so obvious that it may be determined by the court as a matter of law, or when it is within the ordinary knowledge and experience of lay persons.

We reverse the judgments on Holly Ryno’s counterclaim because her entitlement to “Innocent Spouse” status and the timing of her application for that status require expert testimony.

This opinion will not be published.

Dist II, Ozaukee County, Malloy, J., Anderson, J.

Attorneys:

For Appellant: Bruce A. McIlnay, Grafton

For Respondent: Alexander L. Ullenberg, Fond du Lac

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