Kathleen Schlef Hamilton

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  HeplerBroom LLC
• Representative Cases & Transactions
  Cases

  Representative/Recent Case Results: Secured summary judgment for client in case where plaintiffs alleged damage to their multimillion dollar home arising from the design
  installation of an inadequate heating
  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
  installation of the system occurred. Because the contract at issue expressly disclaimed any liability for work done prior to its execution,
  because the undisputed material facts demonstrated that the system was designed
  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
  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
  that the condition of the stairwell was open
  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
  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
  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)]