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KATHLEEN S. HAMILTON

Partner

khamilton@heplerbroom.com

314-480-4184

St. Louis, MO

 

Areas of Practice

  • Construction
  • Personal Injury & Property Damage

Education

  • University of Missouri-Columbia School of Law, J.D., 2002
  • University of Notre Dame, Bachelor of Arts, 1999

Admissions

  • Illinois
  • Missouri
  • U.S District Courts for the
    • Western District of Missouri
    • Eastern District of Missouri

Practice Description


Ms. Hamilton focuses her practice on general trial litigation and insurance defense, including:

  • Premises Liability
  • Professional Liability
  • Construction Law
  • Complex Tort Litigation

Ms. Hamilton has represented clients in matters before state and federal courts in both Missouri and Illinois and has tried cases to conclusion as both lead and assistant counsel. She also represents clients in appeals and has successfully argued in front of the Missouri Courts of Appeals for the Eastern, Western, and Southern Districts; the U.S. Court of Appeals for the 8th Circuit; the Appellate Court of Illinois for the Second Judicial Circuit; and the U.S. District Court for the Southern District of Illinois.  

Bar/Professional Associations


  • American Bar Association
  • Illinois State Bar Association
  • The Missouri Bar

Awards, Honors & Distinctions


  • Missouri & Kansas Super Lawyers
    • Rising Star (2009-2016)

Legal Lectures & Presentations


  • “Effective Settlement Negotiations and Arbitrations,” National Business Institute (St. Louis MO, 2016)
  • Stacking Insurance Coverage and Uninsured Motorist Setoffs,” Advanced Uninsured/Underinsured Motorist Law, National Business Institute (St. Louis MO, 2016; Collinsville IL, 2014)
  • “Defense Strategies for Minimizing Reasonable Value of Medical Services after the Affordable Care Act,” Calculating Medical Damages in Injury Settlements Post Affordable Care Act, National Business Institute (St. Louis MO, 2015)
  • “Procedural Tips and Techniques for Handling Subrogation, Rights of Reimbursement and Liens,” Advanced Uninsured/Underinsured Motorist Law, National Business Institute (Collinsville IL, 2014)

Representative/Recent Case Results


  • Secured summary judgment for client in case where plaintiff attempted to set forth claim of negligence based on client’s alleged failure to ensure plaintiff’s safety or the structural integrity of a stairwell; court found client owed no legal duty to plaintiff and that the condition of the stairwell was open and obvious as a matter of law. [Joseph Moore, et al. v. Burton Brothers General Contractors, et al., City of St. Louis, Missouri Circuit Court; Case No. 1422-CC08898 (November 29, 2017 ]
  • Secured summary judgment for client based on “acceptance doctrine.” At the time Plaintiff was injured, the general contractor had already accepted client’s work and resumed control over the physical area at issue. [Joseph Zygler v. Hawkins Construction & Flat Work Contracting, Co., Inc., St. Louis County Circuit Court, Missouri, Case No. 16SL-CC00847 (October 30, 2017]
  • Secured summary judgment for client on third-party claim for indemnity and contribution arising from alleged construction defects in residential property. [Nancy Norton v. Bridgewater, et al., St. Louis County Circuit Court, Missouri, Case. No. 13SL-CC00449 (July 30, 2015)]
  • Secured defense verdict for client in rear-end collision case. [Amy Wallis v. Debra Rudolph, St. Charles County Circuit Court, Missouri, Case No. 1111-CV06516 (July 15, 2014)]
  • Secured defense verdict in case where plaintiff alleged injuries arising from the fall of a crane on client’s jobsite; affirmed on appeal. [Walter Douglas v. St. Louis Cold Drawn, Inc., St. Louis County Circuit Court, Missouri, Case No. 11SL-CC01746; affirmed on appeal to Missouri Court of Appeals Eastern District, ED100039 (June 30, 2014)]
  • Secured summary judgment for client regarding determination of unambiguous setoff provisions of UIM policy; affirmed on appeal. [Santos v. United Services Automobile Association, Kane County Circuit Court, Illinois; affirmed on appeal to Illinois Court of Appeals, Second Judicial Circuit, Case No. 1012 IL App (2d) 110774-U (May 31, 2012)]
  • Secured summary judgment for client defending against equitable garnishment action arising from underlying Missouri Statute Section 537.065 consent judgment. [Polley, et al. v. Amerisure Insurance Company, St. Louis County Circuit Court, Missouri, Case No. 10SL-CC00272, (April 29, 2011)]