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BOERGER v. HEIMAN

No. 92, 2008.

965 A.2d 671 (2009)

Paul H. BOERGER, Apartment Managers, Inc., and Alban Park, Inc., Plaintiffs Below, Appellants, v. Henry A. HEIMAN, Esquire, Darrell J. Baker, Esquire, Heiman Aber & Goldlust, including its Successors, Keith L. Thompson and Ballard, Thompson and Associates, P.A., Defendants Below, Appellees. Henry A. Heiman, Esquire, Darrell J. Baker, Esquire, Heiman Aber & Goldlust, Third Party Plaintiffs Below, Appellees, v. Patone & Patone, LLC, Third Party Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: February 9, 2009.

Attorney(s) appearing for the Case

Bruce W. McCullough, Esquire, of Bodell, Bove, Grace & Van Horn, P.C., Wilmington, Delaware; Of Counsel: Jeffrey W. Ogren, Esquire, (argued), George Bochetto, Esquire, and Steve Skovron, Esquire of Bochetto & Lentz, P.C., Philadelphia, Pennsylvania for Appellants.

Colleen D. Shields, Esquire, (argued) of Elzufon Austin Reardon Tarlov & Mondell, P.A., Wilmington, Delaware for Appellees Henry A. Heiman, Esquire, Darrell J. Baker, Esquire and Heiman Aber & Goldlust.

Paul Cottrell, Esquire (argued) and Justin P. Callaway, Esquire of Tighe & Cottrell, P.A., Wilmington, Delaware, for Appellees Keith L. Thompson and Ballard, Thompson & Associates, P.A.

Henry E. Gallagher, Jr., Esquire and Gregory J. Weinig, Esquire of Connolly, Bove, Lodge & Hutz, LLP, Wilmington, Delaware for Appellees Patone & Patone, LLC.

Before HOLLAND, BERGER and RIDGELY, Justices.

BERGER, Justice.

In this appeal we consider whether the Superior Court erred in granting summary judgment to appellees in a professional malpractice action. The trial court held that appellants were on inquiry notice of the alleged malpractice more than three years before they filed suit, and that their claim is barred by the statute of limitations. The court reached its conclusion after evaluating conflicting evidence and making factual findings adverse to appellants...

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