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Brian K. McBrearty

Brian K. McBrearty

Local Office Managing Partner

MO – St. Louis
T: 314.396.8606 | F: 314.725.3006


Brian focuses his practice on insurance defense litigation, workers’ compensation, civil liability and construction accident matters. He also represents medical practices in professional management, human resource and contract issues. Brian’s practice includes defending self-insured and insured trucking companies throughout the states of Missouri and Illinois.

Prior to joining Litchfield Cavo LLP, Brian was the managing partner for the law firm of McBrearty Hart and Kelly, LC for more than 20 years wherein he focused his practice in the same areas of law.


  • Prevailed for construction development company after two of its employees sustained injuries while building a pole barn; the Circuit Court agreed that our written agreement regarding the distribution and payment of any remaining lien applied, granted our petition and awarded more than $1.4 million to satisfy our client’s lien.
  • Obtained summary judgment on behalf of a retail client wherein the employee of the client allegedly discriminated against a customer; the US District Court for the Eastern District of Missouri granted the motion for summary judgment on all five counts due to Plaintiff’s failure to establish if the client was aware of a discriminatory history with the employee.
    • Summary Judgment affirmed on appeal against customer Plaintiff who alleged our retail client ratified their former employee’s conduct, and is liable for assault and intentional infliction of emotional distress under respondeat superior; the Appellate Court held that our client is not liable under 42 U.S.C. § 1981.
  • Obtained favorable decision in a workers’ compensation case wherein the trial judge ruled in favor of the alleged driver/employee who suffered a heart attack while making a delivery in the company vehicle and resulted in a crash; following the ruling, our attorneys argued that the claimant was an independent contractor and was not entitled to death benefits under the Workers’ Compensation Act and the Missouri Labor and Industrial Relations Commission agreed with our attorneys, overturning the judge’s initial ruling in favor of our client.