Brandon J. Baxter, Partner
bbaxter@peckBAXTER.com
One of Brandon's earliest school memories is dropping his school books on the bus seat and running off the bus to tackle a fifth grader who was sitting on top of and beating on his kindergarten-aged brother. Only seven years old, and not much bigger than his brother, something about seeing that mismatch - that injustice - charged him up and motivated him to be something bigger and greater than he was. To a great extent, what Brandon does as a lawyer isn’t much different than what he did for his brother that day. He represents underdogs. Brandon's clients have been hurt, are down, and are fighting opponents that are bigger, stronger, and better positioned than they are. Every time he is retained, it’s like he's running off the bus again to knock over insurance companies, big corporations, or government entities to make sure that justice is done.
After spending most of his first three years of practicing law by working for insurance companies, Brandon left that practice to go to work for common folk, the little people; Those who don’t have the money to hire attorneys at hourly rates ranging anywhere from $250 to $1,000 an hour. Without Brandon's help, these folks who have been cheated, hurt, and wronged have little chance of getting their case to trial, much less claiming justice against insurance companies, big corporations, or the government.
The greatest advantage Brandon has in fighting injustice is that he knows and cares for his clients. In a very real way, his clients become his family. Whenever possible, Brandon spends time with his clients at their homes, where they work, where they relax. He gets to know their children and their spouses. Beyond simply talking about what went wrong in any particular case, Brandon wants to know his clients’ hopes, their fears, their dreams, and their nightmares. When he knows his clients this way, he can look at them and see the faces of his own grandfather, aunts, sisters, and children. And then he can fight for them like he would fight for his own family. If you have any questions about this approach, talk to some of his former clients.
Brandon's work as an attorney is reflected by his activities outside of the office. Much of his free time is spent serving youth in his family, at church, and in the community at large. Educating youth about justice and helping them develop a commitment to fairness and justice can start early, and should start outside of the courtroom.
Significant Cases
Kranendonk v. Gregory & Swapp, et al., A three-week trial conducted in March 2015 by Peck Baxter partners Shaun L Peck and Brandon J. Baxter concluded with a Salt Lake County jury’s determination that the law firm of Craig Swapp & Associates and its former associate lawyer, Eric Highberg, must pay $3.5 million in damages to Ogden resident Jodi Kranendonk. The jury found both the Salt Lake City-based Craig Swapp & Associates and Washington-based Eric Highberg liable for legal malpractice. In addition, the jury found the Swapp firm alone liable for breach of contract, breach of fiduciary duty and negligent hiring and supervision of Mr. Highberg.
Kranendonk v. Gregory & Swapp, PLLC, 320 P.3d 689 (Utah App. 2014) (Appellate win for Mr. Baxter's client, which reversed the trial court's erroneous grant of summary judgment in an attorney malpractice case arising out of a failure to serve process/expired statute of limitations).
Van Orden v. Caribou County, 546 Fed.Appx. 647 (9th Cir. 2013) (Appellate win for Mr. Baxter’s clients which reversed the trial court’s erroneous grant of summary judgment in favor of Caribou County in U.S.C. 1983 action involving a jail detainee’s death).
Bess v. Whitaker, 080100506, (Utah District Court for Box Elder County, 2010) (Trial court win for Mr. Baxter’s client. At the conclusion of trial, the jury awarded Mr. Baxter’s client a verdict to restore damages caused by a methamphetamine contamination of his home.)
Harold Selman, Inc. v. Box Elder County, 251 P.3d 804 (Utah 2011) (Appellate win for Mr. Baxter’s clients overturning the erroneous rulings of the Court of Appeals and the trial court and finding in favor of Mr. Baxter’s clients in road dispute case).
Sandra Dopp v. Brandon R. Hoffman and Window Welder of Northern Utah, Inc., 060101323 (Utah District Court for Cache County, 2008). (Trial court win for Mr. Baxter’s client. The jury verdict awarded Mr. Baxter’s client $750,000 for damages caused by the defendants in a rear end crash. )
State of Oregon v. Taiheiyo Kaijun, 01 CV0383 (Oregon District Court for Coos County, 2002). (Trial court win for Mr. Baxter’s client, the State of Oregon. After a six-week trial, the jury awarded State of Oregon a $25 million verdict for damages arising out of the grounding of a cargo ship on the Oregon Coast.)
Adams v. Miller Nash 00CV-0700 (Oregon District Court for Curry County, 2001). (Trial court win for Mr. Baxter’s client. After a three week trial, Mr. Baxter’s clients were found not liable for a $17 million dollar claim related to a will contest.)
Cairns v. Dole, 195 Or.App. 742, 744, 99 P.3d 781, 783 (Or.App.,2004). (Affirming trial court decision in favor of Mr. Baxter’s client.)
Adams v. Miller, Nash, Wiener, Hager, & Carlson, LLP 110 P.3d 664 (Or.App. 2005) (Affirming trial court verdict on behalf of Mr. Baxter’s clients.)
Recent Case Results
Bradshaw v. Fisher. A Weber County Jury returned a $500,000 verdict in favor of Mr. Baxter’s client, Rich County resident Amelia “Millie” Bradshaw, in the Second District Court in Ogden, Utah, in May 2016. Ms. Bradshaw was seriously injured in a motor vehicle crash on U.S. Highway 89 in South Ogden, Utah when her stopped Toyota Highlander was rear-ended by a pickup truck traveling at a high rate of speed.
When Justin left work on the afternoon of September 3, 2011, he was just another happily married father of two growing pre-teen children. Fifteen minutes later, Justin’s life changed forever when another driver crossed over the highway center line and crashed head-on with Justin’s car, pushing him sideways into a passing truck and trailer.
Life flight, an extended stay in ICU, and months of medical treatment saved Justin’s life, but left him crippled both physically and financially.
We were able to recover maximum insurance policy limits for all insurance policies. Our firm may not have been able to restore Justin’s amputated leg, but we were able to negotiate with health insurance and hospitals to insure that Justin was financially free to return to his life. He may be missing a leg, but Justin has been able to return to coaching soccer for his children.
Pro Bono Activities
Utah Legal Services
Thursday Night at the Bar
Community Service
Constitution Day Guest Teacher at local elementary and high schools
Cache County Junior Livestock Auction
Cache County 4-H Livestock Club Group Leader
Boy Scouts of America Troop, Team, and Crew Leader; Merit Badge Counselor
Mountain Crest Wrestling Team Booster
Ecclesiastical Leader, Church of Jesus Christ of Latter-Day Saints
Mentor for physically/mentally challenged employees obtaining vocational training at Deseret Industries Thrift Store
Speaking Engagements
“Beyond the Criminal Case: Civil Options for Victims of Crime” Cache/Box Elder/Rich Counties Children’s Justice Center Multi-Disciplinary Team Training.
“To Build a Fire” Utah Association for Justice Annual Conference
“The Dopp Case” Cache County Bar CLE
“The New Carrisa Case” Oregon State Bar
“E-Litigation” University of Oregon
Bar Admissions
Oregon (2001)
Utah (2002)
North Dakota (2014)
Idaho (2015)
Areas of Practice
Truck Accidents
Auto & Motorcycle Accidents
Sex Abuse
Inmate/Prisoner Abuse
Traumatic Brain Injury
Catastrophic Injury
Professional Negligence
Insurance Disputes & Bad Faith
Agriculture & Water Law
Professional Associations and Memberships
Utah State Bar
Idaho State Bar
Oregon State Bar
Utah Association for Justice
New Lawyer Mentor
2016 Graduate of Gerry Spence’s Trial Lawyers College
Education
Juris Doctor, University of Oregon, 2001
MA, American Studies/Folklore, Utah State University, 1994
BA History and English (dual major), Weber State University, 1992