Missouri Court of Appeals Affirms
Summary Judgment in Case
|Kathleen Hamilton||Bradley Zaffiri|
The Missouri Court of Appeals Eastern District has affirmed a 2018 summary judgement opinion obtained by partner Kathleen Hamilton and associate attorney Bradley Zaffiri. The case involved a
St. Charles County case in which the Plaintiffs had alleged damage to their multimillion dollar home arising from the design and installation of an inadequate heating and cooling system in the room that housed their indoor pool. They sought damages based on the alleged breach of a contract to perform punch list work at the home after the design and installation of the system occurred. Because the contract at issue expressly disclaimed any liability for work done prior to its execution, and because the undisputed material facts demonstrated that the system was designed and installed in the home prior to that date, the Court found that HeplerBroom’s client was entitled to summary judgment.