Coffey Ex Rel. Collins v. Jefferson County Board of Education

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 equipment at the school. The school board employees were dismantling the playground and in so doing removed a fence that had restrained…