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DAUGHERTY v. RUNNER

581 S.W.2d 12 (1978)

Byrd E. DAUGHERTY, as Ancillary Administrator of the Estate of Lula Daugherty Roach, Deceased, Appellant, v. E. Michael RUNNER, Appellee. E. Michael RUNNER, Cross-Appellant, v. Byrd E. DAUGHERTY, as Ancillary Administrator of the Estate of Lula Daugherty Roach, Deceased, Cross-Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 16, 1979.

Discretionary Review Denied June 5, 1979.

Attorney(s) appearing for the Case

Gary L. Gardner, Gary L. Gardner & Associates, Louisville, for appellant and cross-appellee.

William S. Bowman, Stiles & Miller, Louisville, for appellee and cross-appellant.

Before HAYES, HOGGE and HOWARD, JJ.

HAYES, Judge.

This appeal is from a judgment entered pursuant to a jury verdict which exonerated the appellee, an attorney, from the charges of legal malpractice. The charges of the legal malpractice claim arose from a medical malpractice cause of action on behalf of the deceased, Lula Daugherty Roach. This type of action is commonly referred to as a "suit within a suit." The basis for the legal malpractice claim is that...

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