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Junior Larry Hillbroom, et al v. Pricewaterhousecoopers Llp, Et

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Argued December 2, 2010

Before WASHINGTON, Chief Judge, THOMPSON, Associate Judge, and STEADMAN, Senior Judge.

This appeal arises out of the dismissal of a lawsuit against defendants/appellees, Gregory Jenner (a tax attorney) and PricewaterhouseCoopers LLP (“PwC”) (the accounting firm with which Jenner was associated), for professional negligence, breach of contract, and breach of fiduciary duty, in connection with Jenner’s alleged failure to timely file formal claims for refunds of a portion of the federal estate taxes paid by the estate of Larry Hillblom (“the Estate”).*fn1 Plaintiffs/appellants are several individuals who had an interest in the refunds: Hillblom’s heirs, their respective guardians ad litem and trustees, and an escrow agent (the “Escrow Agent’) who is the legal successor in interest to the Estate.*fn2 The trial court granted defendants’/appellees’ motion to dismiss the suit under Super. Ct. Civ. R. 12 (b)(6), as barred by the statute of limitations. On appeal, appellants contend (1) that the trial court erred in its determination as to when their cause of action accrued, and (2) that, in any event, the running of the limitations period is tolled with regard to the plaintiffs/appellants who are minors (to wit, heirs J.C., N.B.L., and M.F.). Because we conclude that resolution of these issues must await a fuller development of the record, we reverse and remand for further proceedings.

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