Tom Quigley as seen in the "Ask the Legal Professionals" section of the Phoenix Business Journal

Question: I am a CPA who has been sued for professional negligence.  The plaintiff's claim makes no sense. Can the court dismiss this case before trial?

Answer:  Arizona requires that issues of the standard of care of licensed professionals that are outside the understanding of lay persons be supported by expert testimony.  If an expert witness is required to prove the plaintiff's case because it raises issues that are outside the understanding of a lay jury, the plaintiff must provide a preliminary expert opinion in order for the case to go forward.  If the plaintiff refuses to provide a preliminary expert opinion after the court orders the plaintiff to do so, the court will dismiss the case.