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Hamilton and Zaffiri Obtain Affirmation of Summary Judgement

HeplerBroom attorney Kathleen Hamilton HeplerBroom attorney Bradley Zaffiri
Kathleen Hamilton Bradley Zaffiri

The Missouri Court of Appeals-Eastern District has upheld a summary judgement obtained by Kathleen Hamilton and Bradley Zaffiri in a Circuit Court of St. Louis case (Zygler v Hawkins Construction, et al., Missouri Court of Appeals Eastern District, ED108543).

Appellant brought three points on appeal: (1) that Respondents may not rely on the acceptance doctrine as an affirmation defense to his claim of general negligence; (2) that even if the acceptance doctrine applied, genuine issues of material fact existed about whether the general contractor accepted Respondents’ work at the time of Appellant’s injury; and (3) that Respondents owed him a heightened duty of care as a third-party beneficiary of the contracts between the general contractor and Respondents. The court found all three points were without merit because the general contractor had accepted the subcontractor’s work, relieving it from liability of any claims of negligence against third parties.

Both Hamilton (a partner) and Zaffiri (an associate attorney) work in the firm’s St. Louis office and focus their practices on complex tort litigation. Both attorneys have been named to the list of Rising Stars by Missouri & Kansas Super Lawyers.

HeplerBroom LLC COVID-19 Response

HeplerBroom has been diligently working on its response and continuity plan to the COVID-19 pandemic in order to keep the health and safety of our employees, their families, and our clients as our top priority.

To help ensure everyone’s continued health and well-being, effective March 17, 2020, all attorneys and staff began working remotely. We continue to assess the situation and will return to our physical offices when appropriate.

To ensure this, the firm has identified essential personnel in each office who will make certain that critical firm functions that cannot be done remotely continue to be handled. We have put in place protocol for those essential personnel to make sure they are keeping healthy per the CDC cleaning and sanitizing recommendations. All teams have back-up personnel and procedures that we will follow to make sure all deadlines are met and clients receive the same great service and work product that we have always been proud to provide.

HeplerBroom’s IT department has been working hard to make sure all remote employees are set up with equipment and access from home to limit disruption to our clients. Maintaining security and confidentiality has remained, and will continue to remain, at the forefront of all processes and procedures, at all levels throughout the firm.

The firm has created emergency communication measures to communicate any changes to this plan to employees and are communicating on a regular basis with any and all new resources and helpful information during this uncertain time.

During these fluid and unpredictable times, HeplerBroom will continue its commitment to great service and results for our clients, all while keeping safe and healthy.

Wishing you and your families good health.

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