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  5. 756 S.W.2d 155 (1988)
 

COFFEY v. JEFFERSON COUNTY BD. OF EDUC.

Nos. 87-CA-389-MR, 87-CA-462-MR.

756 S.W.2d 155 (1988)

Joe P. COFFEY, By and Through His Assignee, Ann Meredith Smith COLLINS and Ann Meredith Smith Collins, Individually, and as Administratrix of the Estate of Christopher James Collins, Appellants, v. JEFFERSON COUNTY BOARD OF EDUCATION, E. Preston Young, and Dan McCubbin, Appellees. E. Preston YOUNG, Cross-Appellant, v. Joe P. COFFEY, By and Through His Assignee, Ann Meredith Smith COLLINS and Ann Meredith Smith Collins, Individually, and as Administratrix of the Estate of Christopher James Collins, Cross-Appellees.

Court of Appeals of Kentucky.

September 2, 1988.

Attorney(s) appearing for the Case

Gary L. Gardner, Frank Mascagni, III, Louisville, for appellants and cross-appellees.

Robert I. Cusick, Jr., Wyatt, Tarrant & Combs, Louisville, for Jefferson County Bd. of Educ.

F. Chris Gorman, I.G. Spencer, Jr., Ben T. Cooper, Louisville, for E. Preston Young.

Winston E. Miller, Scott T. Dickens, Louisville, for Dan McCubbin.

Before COOPER, DYCHE and HOWARD, JJ.

HOWARD, Judge.

This appeal concerns the issue as to whether or not a defendant in a negligence case may assign to the plaintiff an alleged claim of malpractice against his former attorney after entering into an agreed judgment for damages with the plaintiff.

In May, 1973, seven-year-old Christopher Collins died when a large concrete sewer pipe rolled on him while he was playing near the closed Melbourne Heights School. The pipe had been part of the playground...

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