Kathleen S. Hamilton

Kathleen S. Hamilton focuses her practice on general trial litigation, appellate practice, and insurance defense, including:

• Premises Liability
• Professional Liability
• Construction Law
• Complex Tort Litigation
• Catastrophic Trucking 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.  

Education

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

Admissions & Affiliations

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

• Secured defense verdict in trial involving personal injury in automobile collision case. Plaintiff had asked for pain and suffering damages of $100,000 to $200,000. Instead, jury returned unanimous verdict that Plaintiff was completely at fault. [Jane Kapp v. James Steingrandt and JDS Cattle Company, Ltd.; No. 4:20-cv-00221-JAR (E.D. Mo. 2021)]
• Secured summary judgement for client in case where plaintiff sued for personal injuries following hand amputation while operating machinery as part of his employment. The part manufactured by client was not defective and was not designed specifically for use in the machine at issue. Therefore, court found defendant was entitled to summary judgement. (Missouri law, does not impose liability on the manufacturer of a non-defective component part when the end product was designed, assembled, and sold by other entities.) [Timothy Farkas v. Overton Industries, Inc., et al.; No. 4:17-CV-761 RLW (December 2018)]
• 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]. Summary judgement affirmed upon appeal. [Harold Lewis, et al. v. Sigman Indoor Climate Solutions, et al., St. Charles County, Missouri Circuit Court; No. 1711 CC00994, ED 106899]
• Secured summary judgment for client in case where plaintiff sued 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)]

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• 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)]. Summary judgment upheld on appeal [Missouri Court of Appeals Eastern District, ED108543)].
• 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)]

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Honors & Awards

• Best Lawyers in America (2023-2025)
• Missouri & Kansas Super Lawyers
  • Rising Star (2009-2016)
• Nominated to fill vacancy on Missouri Court of Appeals, Eastern District (2022, 2021, 2020)

News

Events & Speaking Engagements

• “Women in the Profession,” Missouri State Bar Association Spring Committee Meetings (St. Louis MO, 2022). Co-presenter

• “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).

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