Brian K. Brake
Brian K. Brake has over 16 years of courtroom experience litigating civil cases for his clients involving such high stake claims as catastrophic personal injury and death, complex commercial litigation, construction disputes, and violations of civil rights.
Mr. Brake specializes in resolving disputes on behalf of his clients whether in or out of the courtroom and has been named among Virginia's Legal Elite in Alternative Dispute Resolution. Mr. Brake has tried numerous cases throughout the Commonwealth of Virginia and has successfully represented clients in both state and federal trial and appellate courts.
Experience:
CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
- Successfully defended the developer of Virginia's first commercial wind farm from multiple lawsuits filed by opponents to the project, including winning three appeals to the Virginia Supreme Court resulting in the Supreme Court's opinion in Miller v. Highland County.
- Recently won a jury verdict in excess of $500,000 on behalf of his seriously injured client against Wal-Mart due to Wal-Mart's negligence in not removing an extension cord that was stretched across the entrance floor in one of its Supercenters.
- Successfully defended a case that garnered national media attention brought by Johnnie Cochran's New York law firm, Cochran, Neufeld & Scheck, LLP involving Earl Washington, Jr.
- His firm has obtained millions of dollars in compensation for the benefit of clients who were seriously injured by the carelessness of others in car and airplane crashes.
- Obtained a settlement of $775,000 on behalf of a client seriously injured in a car accident. The insurance company for the responsible party initially offered $16,300 to settle.
- Obtained a judgment for $34,193 for his client against a debt collection company for the unlawful collection of a $16 debt.
- Obtained a judgment of $47,438 for his client against a used car dealership for the fraudulent sale of a $3,500 van.
- Obtained a defense verdict for law enforcement officers after a highly publicized federal court jury trial involving allegations that an inmate's constitutional rights were violated when he was not prevented from committing suicide by hanging while incarcerated.
- Has successfully represented scores of health care providers accused of malpractice throughout the Commonwealth of Virginia, including trying multiple cases to a jury verdict.
Honors and Awards
- "Legal Elite," Virginia Business Magazine, 2003, 2005, 2006 and 2007
- Recognized for "outstanding pro bono contributions to the poor" by Blue Ridge Legal Services, Inc., 2006
- Order of Barristers
Education:
- Case Western Reserve University Law School, Cleveland, Ohio, 1991 J.D.
- Muskingum College, New Concord, Ohio, 1988
B.A., Cum Laude
Professional Associations and Memberships
- Virginia Trial Lawyers Association
- Board of Governors, Virginia State Bar Health Law Section
- Virginia State Bar
- Virginia Bar Association
- Rockingham/Harrisonburg Bar Association
Representative Cases
- Miller v. Highland County, 247 Va. 355, 650 S.E. 2d 532 (2007)
- Short v. Smoot, 436 F.3d 422 (4th Cir. 2006)
- Archambault v. Roller, 254 Va. 210, 491 S.E.2d 729 (1997)
- Washington v. Buraker, 322 F. Supp 2d. 702 (W.D. Va. 2004)
- McHugh v. Check Investors, Inc., 2003 U.S. Dist. LEXIS 9065 (W.D. Va. 2003)
- CG6 Concrete Specialists, Inc., v. Dep't. of Police, 2004 U.S. Dist. LEXIS 19663 (W.D. Va. 2004)
- Whitney v. Anthem, 69 Va. Cir. 190 (Rockingham County Circuit Court, 2005)
- Hollingsworth v. Shenandoah Med. Imaging, Inc., 38 Va. Cir. 324 (City of Winchester, January 18, 1996)
Personal
Brian enjoys rock climbing, kayaking, skiing, and hiking. He lives in historic Fort Valley, Virginia, located within the George Washington National Forest, with his wife and 7-year-old son.
Contact Lenhart Obenshain PC toll free at (877)716-6434 for a FREE CONSULTATION so we can discuss your case.