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SPARKS v. CRAFT

Nos. 94-5801, 94-5838.

75 F.3d 257 (1996)

Patricia SPARKS, Plaintiff-Appellee, Cross-Appellant, v. James Wiley CRAFT, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1996.

Rehearing Denied April 12, 1996.

Attorney(s) appearing for the Case

Lowell W. Lundy (argued), Barbourville, KY, W. Patrick Hauser (argued and briefed), Barbourville, KY, for plaintiff-appellee, cross-appellant.

Donald H. Combs (argued and briefed), Combs & Combs, Pikeville, KY, for defendant-appellant, cross-appellee.

Before: NORRIS, SUHRHEINRICH, and GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

James Wiley Craft, an attorney, appeals from the malpractice award entered against him in favor of Patricia Sparks. After Sparks's son was killed in a car wreck, she hired Craft to sue the other driver. Craft allowed the statute of limitations to expire without perfecting Sparks's suit against the other driver. Craft argues that Sparks improperly sued him in her personal capacity, rather than as representative of her son's estate, and...

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