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PICADILLY, INC. v. RAIKOS

No. 41S01-9112-CV-946.

582 N.E.2d 338 (1991)

PICADILLY, INC., Appellant (Plaintiff below), v. Gustin J. RAIKOS and Dennis L. Thomas, Jr., Appellees (Defendants below).

Supreme Court of Indiana.

December 2, 1991.

Attorney(s) appearing for the Case

W.F. Conour and Rex E. Baker, Conour Doehrman, Indianapolis, for appellant.

John T. Lorenz and Jeffrey A. Doty, Kightlinger & Gray, Indianapolis, for appellees.

SHEPARD, Chief Justice.

This case presents an issue of first impression in Indiana: may a party assign a legal malpractice claim to someone who was his adversary in the underlying litigation? We hold that such assignments are invalid.

I. Case History

This appeal concerns a second lawsuit arising out of injuries sustained by Charles Colvin. Colvin had been injured in an automobile wreck caused by...

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