Andrew Willers - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Profile

Andrew Willers is a shareholder in the Tampa, Florida Wicker Smith office. For more than two decades, he has aggressively and creatively defended various civil defendants sued for monetary damages in presuit, litigation, and trial.

He began his legal career at a boutique medical malpractice defense firm in 2002. His practice evolved and diversified especially after joining Wicker Smith in 2012.

His practice includes the defense of healthcare providers, construction companies, trucking companies, professionals, HOA’s, bars and restaurants, and numerous other types of businesses for alleged wrongful death, personal injuries, property damages, and other civil damages.

He works hard to obtain swift and fair resolutions of cases as early as possible. This includes thorough investigations into the plaintiffs, their experts, and their damages allegations, with an assessment of all possible defenses.

Expert witnesses can make or break cases, and Andrew strives to select the most experienced and qualified experts to defend his clients. This often requires retaining experts from the most prestigious academic institutions and medical centers in the world, or expert witnesses who are pioneers in their respective fields. Whether it be an expert surgeon with experience using the specific techniques or specific medical products, or a construction expert with substantial experience installing the type of building material involved, he takes pride in utilizing the best experts possible.

In addition to civil cases and trials, he handles arbitrations, administrative matters with the Department of Health and with the Department of Business and Professional Regulation.

Andrew also enjoys providing pro bono legal services to those in need. His pro bono matters have pertained to medical malpractice cases, the representation of non-party witnesses involuntarily dragged into litigation for depositions and subpoenas, landlord-tenant disputes, bed bug infestations, defective automobile components, veterinary licensure issues, and Realtor licensure issues.

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Credentials

Education

Valdosta State University (B.S., 1999)
John Marshall Law School (J.D., 2002)

Representative Matters

Summary Judgment: Hillsborough County, Florida (Construction Defect)

Tampa Partners, Jim Brown and Andrew Willers, obtained final summary judgment in a construction defect case in Hillsborough County, Florida, last week. They defended a window manufacturer, which was sued by a Homeowner’s Association for alleged construction defects. It was alleged that the installation instructions were improper and that this lead to numerous defects and damages with the conventional wood framed walls covered with stucco. The summary judgment argument was made in two parts: the first, that the case was barred by the four year statute of limitations; and the second, that the case was barred by the doctrine of laches. As to the statute of limitations defense, there were no documents produced that showed the exact date when the defects were discovered, which would have triggered the running of the statute of limitations. However, an expert report suggested the defects had been discovered more than four years before suit was filed. Also, the HOA’s banking records pertaining to a loan to pay for the exterior wall repairs suggested that the defects were discovered more than four years before the suit was filed. Plaintiff filed an expert affidavit and argued that the Association could not have possibly discovered the defects until much later. This argument was rejected and summary judgment was granted. As to Laches, it was argued that even if the statute of limitations did not bar the case, the doctrine of laches did. The Association delayed bringing suit, and they failed to issue a 558 Notice of Intent. Also, once in suit, the Association changed the specific allegations against the window manufacturer close to trial, and the Association lost or destroyed relevant evidence; thus, prejudicing the window manufacturer’s defenses. Summary judgment was also granted as to Laches. Congratulations to Jim and Drew on this excellent work on behalf of our client.

Practices

Education

Valdosta State University (B.S., 1999)
John Marshall Law School (J.D., 2002)

Honors

Dean Fred F. Herzog Moot Court Competition, Finalist

Credentials

Admitted to Bar

2002, Florida

Professional Affiliations

American Bar Association
Hillsborough County Bar Association
Florida Defense Lawyers Association
Defense Research Institute
Florida Advisory Committee on Arson Prevention