Hepler Broom, LLC Logo

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 Supreme Court and 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 plaintiffs alleged damage to their multimillion dollar home arising from the design and installation of an inadequate heating and cooling system in their indoor poolroom. Plaintiffs sought damages based on the alleged breach of 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 defendant was entitled to summary judgment. [Harold Lewis, et al. v. Sigman Indoor Climate Solutions, et al., St. Charles County, Missouri Circuit Court; No. 1711‑CC00994]
  • Secured summary judgment for client in case where plaintiff sued his co-employee for plaintiff’s workplace injuries. Judgment was affirmed by Missouri Supreme Court, which found co-employee’s negligence was result of breach of employer’s nondelegable duty to provide a safe workplace; thus, negligence was the employer’s, not the co-employee’s. [Matthew Fogerty v. Larry Meyer, Missouri Supreme Court No. SC96030] Ruling in case changed Missouri law regarding co-employee liability and when one co-employee may sue another.
  • 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)]

For a complete list of Representative/Recent Case Results, click here.