Andrew Vogt

Profile

Andrew Vogt is a partner in Wicker Smith’s Naples office where he focuses his practice on civil litigation, commercial litigation, labor & employment, medical malpractice, and premises liability.

For more than 10 years, Mr. Vogt has engaged in active civil trial practice focusing on the defense of corporate institutions and professional liability in state and federal courts. He has significant experience in successfully handling catastrophic injury cases involving hospital and medical negligence, premises liability, and automobile liability through summary judgment and trial. Mr. Vogt serves as counsel for multiple healthcare systems throughout Florida, including hospital and physician medical malpractice, general liability cases and Department of Health investigations and prosecutions. Mr. Vogt also represents multiple fortune 500 companies and not-for-profit institutions in the defense of tort claims, contractual claims, and employment discrimination matters.

In 2006, Mr. Vogt earned a Bachelor of Business Administration degree from the University of Kentucky in Finance and a minor in Economics. He then went on to earn a Juris Doctor from Tulane University Law School in 2011, where he was a member of the Tulane Environmental Law Journal and completed an intensive exchange program in Commercial Law at the University of Hong Kong. Mr. Vogt was admitted to practice in the State of Florida in 2011 and is an active member of the Florida Bar, Defense Research Institute and Collier County Bar Association.

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Credentials

Education

University of Kentucky,
(B.B.A., 2006)
Tulane University Law School, (J.D., 2011)

Representative Matters

Summary Judgment: Collier County, Florida (Premises Liability)

Naples Partner Drew Vogt and Associate Sean Farrell recently obtained summary judgment on behalf of Publix Super Markets in a premises liability case in Collier County, Florida. Plaintiff in this case alleged that he slipped and fell on a transitory substance in the meat department of a Publix store, sustaining injuries to his head, left shoulder, and left elbow. Plaintiff was not able to provide any credible testimony or evidence that there was any substance on the floor, and multiple Publix employees testified that the area was clean and dry, without any track marks, dirt, stickiness, water drops, or any other indication of any liquid having been on the ground. The department manager had performed a routine check of the area less than two minutes before the fall and found no dangerous condition, and the area required no cleanup when store associates arrived to assist the Plaintiff after his fall. We moved for summary judgment on the grounds that no existence of a potentially dangerous condition had been established, and additionally, that had such a condition existed at all, Publix had not been made aware of such a condition. The Court agreed, and entered summary judgment in Publix’s favor. Congratulations Drew and Sean on this great work.

Two Summary Judgments in One Day: Lee County, Florida (Premises Liability)

Congratulations to Naples partner, Drew Vogt, who recently argued Motions for Summary Judgment in two separate matters on the same day in Lee County, Florida, and won them both. In the first case, a slip and fall case on behalf of Publix Supermarkets, evidence showed that Plaintiff walked over the incident area three times in a matter of moments before slipping and falling on his fourth pass. We argued that Plaintiff was unable to meet his burden of proof in establishing actual or constructive notice of a potentially dangerous condition. The Court agreed, and summary judgment was granted. In the second case, on behalf of a small locally owned grocery carry-out, Plaintiff alleged that we were negligent in failing to warn of a potential hazard and failing to maintain the premises after he successfully ascended a handicapped curb ramp, but fell off the top of the sidewalk when he went to reach for a shopping cart that was allegedly heading his direction. We argued that there was no duty to warn of the curb ramp or sidewalk, as they were open and obvious conditions, and further argued that there was no evidence the curb ramp or sidewalk were in disrepair or in violation of any applicable code provisions that would enable the Plaintiff to establish our client was negligent in failing to maintain the premises. The Court agreed, and summary judgment was granted. Drew’s co-counsel in the first case was Of Counsel Jamie Ringhofer, and in the second case his co-counsel was Associate Matthew Lynch. Congrats to all on a job well done.

Summary Judgment: U.S. District Court for the Middle District of Florida – Ft. Myers Division (Premises Liability)

Naples Partner, Drew Vogt, obtained summary judgment in a slip and fall case pending in the U.S. District Court for the Middle District of Florida – Ft. Myers Division. Our client in this matter was a national retail pharmacy chain. Plaintiff claimed that he slipped and fell in the restroom of a store located near the Naples Pier, and was transported from the scene via EMS. Plaintiff alleged that as a result of this accident, he suffered a broken leg, a torn rotator cuff that required surgery to repair, and injuries to his lumbar back. During his deposition, Plaintiff admitted that he did not see anyone spill anything, nor did he see any cleaning supplies, caution signs, or skid marks before or after the fall. A store employee testified that he had been in the restroom approximately five minutes prior to the subject incident, and that the restroom was clean, dry, and nothing was malfunctioning or out of the ordinary. We moved for summary judgment on the grounds that the store did not have actual or constructive notice of a dangerous condition. The Court agreed, and summary judgment was granted.

Andrew Vogt - Partner

Andrew Vogt

Partner

Profile

Education

Representative Matters

Summary Judgment: Collier County, Florida (Premises Liability)

Two Summary Judgments in One Day: Lee County, Florida (Premises Liability)

Summary Judgment: U.S. District Court for the Middle District of Florida – Ft. Myers Division (Premises Liability)

Practices

Education

Honors

Credentials

Admitted to Bar

Professional Affiliations