World Radio Laboratories, Inc. v. Coopers & Lybrand

557 N.W.2d 1, 251 Neb. 261, 1996 Neb. LEXIS 225
CourtNebraska Supreme Court
DecidedDecember 13, 1996
DocketS-93-739
StatusPublished
Cited by124 cases

This text of 557 N.W.2d 1 (World Radio Laboratories, Inc. v. Coopers & Lybrand) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
World Radio Laboratories, Inc. v. Coopers & Lybrand, 557 N.W.2d 1, 251 Neb. 261, 1996 Neb. LEXIS 225 (Neb. 1996).

Opinions

Per Curiam.

On May 20, 1986, World Radio Laboratories, Inc., brought an accounting malpractice action against Coopers & Lybrand. In its petition, World Radio claimed that Coopers & Lybrand negligently prepared World Radio’s financial statements for fiscal years 1981 through 1984 and negligently failed to advise World Radio as to the inadequacy of its internal accounting controls.

The jury entered a verdict for World Radio and awarded damages of $0 for 1981, $10,300 for 1982, $12,000 for 1983, and $17,018,000 for 1984. Coopers & Lybrand filed a timely appeal. The Nebraska Court of Appeals affirmed the verdict of liability on the part of Coopers & Lybrand but concluded that the evidence was insufficient to support a damage award based on lost profits or a decrease in the value of World Radio. Concluding that the evidence did support an award for accounting expenses incurred to both Coopers & Lybrand and the successor accounting firm, Arthur Young, the court remanded the cause for determination of those fees. The court also held that [264]*264the statute of limitations and the doctrine of contributory negligence did not bar recovery by World Radio. World Radio Labs, v. Coopers & Lybrand, 4 Neb. App. 34, 538 N.W.2d 501 (1995).

The Court of Appeals subsequently modified its opinion and held that World Radio failed to bring its negligence action for 1983 within the 2-year period prescribed by Neb. Rev. Stat. § 25-222 (Reissue 1995). Therefore, the court held, World Radio was prohibited from recovering any damages incurred for 1983. World Radio Labs. v. Coopers & Lybrand, 4 Neb. App. 264, 542 N.W.2d 78 (1996).

Both Coopers & Lybrand and World Radio have petitioned this court for further review. We agree with the Court of Appeals’ determination that Coopers & Lybrand was negligent in auditing World Radio for the years in question and that the evidence is insufficient as a matter of law to sustain a damage award for lost profits or a decrease in World Radio’s value. We also agree with that portion of the court’s opinion remanding this cause for a determination of fees paid to Arthur Young as a result of Coopers & Lybrand’s negligence. However, we modify that portion of the court’s opinion remanding this cause for a determination of the fees paid to Coopers & Lybrand for negligent work insofar as we determine the amount of those damages to be set at $42,000.

I. ASSIGNMENTS OF ERROR

On petition for further review, Coopers & Lybrand assigns numerous errors. In summary, Coopers & Lybrand argues that the trial court erred by (1) failing to grant Coopers & Lybrand’s motion for a directed verdict on World Radio’s claim that its alleged negligence caused World Radio’s damages, (2) failing to grant Coopers & Lybrand’s motion for a directed verdict on the issue of damages, and (3) failing to grant Coopers & Lybrand judgment on the issue of whether the statute of limitations barred recovery for 1981, 1982, and 1983.

In addition, Coopers & Lybrand argues that the Court of Appeals erred by (1) affirming liability for accounting malpractice on the theory that the negligent acts of World Radio’s chief financial officer could not be attributed to World Radio; (2) failing to grant Coopers & Lybrand’s motions for directed verdict [265]*265and judgment notwithstanding the verdict, considering that the evidence offered to prove causation and damages was insufficient; and (3) remanding the cause for retrial on the issue of damages instead of reducing damages to the amount of the auditing fees.

In its petition for further review, World Radio also assigns numerous errors. In summary, World Radio argues that the Court of Appeals erred by (1) ruling that World Radio’s experts were insufficient as a matter of law, (2) disregarding precedent as to the issue of to what degree of certainty World Radio was required to prove its damages, (3) improperly instructing the jury on World Radio’s theory of damages, and (4) improperly overruling the district court’s decision that the statute of limitations did not bar World Radio’s claims for 1983.

II. BACKGROUND

1. World Radio in 1935 through 1979

World Radio was founded in 1935 when Leo Meyerson began selling radio parts out of his car to amateur and ham radio operators. After a brief interruption during World War II, World Radio reopened and began selling radio equipment and associated electronics by mail order on a worldwide basis.

Leo Meyerson’s son, Larry (Meyerson), joined the company in 1961. With the addition of Meyerson, World Radio quickly responded to the changing trends in the radio market. It was Meyerson that decided to enter the retail consumer electronic business by opening a retail store in Omaha, Nebraska, in 1967. In addition to selling radio equipment, this store also specialized in records, tapes, and stereo equipment.

The retail operations of World Radio expanded steadily throughout the 1970’s. Selling mostly stereo and hi-fi equipment, World Radio increased its sales from $1.4 million in 1971 to over $7 million in 1979. By 1979, World Radio was operating 10 retail stores in two states.

In response to this rapid growth, Meyerson, as president and majority shareholder, sought to “professionalize” the company by hiring new management members. One such member was Joseph Riha, a certified public accountant and former auditor with Coopers & Lybrand. Hired in 1979, Riha served as World [266]*266Radio’s chief financial officer and remained in charge of the accounting department until June 1985.

2. World Radio in 1980 through 1985

The success of World Radio continued into the early 1980’s. Once again responding to changes in industry trends, the company expanded into television and video retail. This expansion proved to be quite successful, as evidenced by sales of $10,955,186 and $19,187,170 in 1982 and 1983, respectively. In addition, the number of retail stores in 1984 had increased to 24, with sales in that year totaling $34,223,889. It was Meyerson’s goal, as president of World Radio, to have 50 stores in operation by 1987.

In light of this success, Meyerson dreamed of “going public,” whereby shares of World Radio stock would be sold to the public. The funds raised by a public offering of World Radio stock would be used to help the company grow further. Meyerson discussed this “dream” with his auditors, Coopers & Lybrand, in 1983. While Coopers & Lybrand accountants advised Meyerson that such an offering could not be made until World Radio acquired $2 million in net profits, Meyerson remained hopeful because World Radio was expected to reap profits in the amount of $2 million by 1985. Despite his initial enthusiasm, Meyerson never drew up formal plans for a public offering or took any other steps in furtherance of his dream.

One of Riha’s first projects upon being hired as chief financial officer was the installment of a “sophisticated” computer system.

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Bluebook (online)
557 N.W.2d 1, 251 Neb. 261, 1996 Neb. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-radio-laboratories-inc-v-coopers-lybrand-neb-1996.