Phillips v. Edmundson

MARY R. RUSSELL, Judge.

The issue before the Court is whether an inmate may sue in his own name or whether a trustee must first be appointed to represent his estate. This Court finds that chapter 460, RSMo 2000, 1 permits, but does not require the appointment of a trustee.

Murlin R. Phillips (“Inmate”), an inmate serving a life sentence in the Missouri Department of Corrections, filed a legal malpractice action against Jasper N. Ed-mundson, Jr., and the Edmundson, Summers, Hopkins and Edmundson Law Firm (collectively “Attorney”). Attorney filed a motion to dismiss, alleging that Inmate failed…