 Brandon Nichols Office: Naples Direct: (239) 552-5335 BNichols@wickersmith.com Practice Areas: Admitted to Practice:
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Brandon NicholsBiographyBrandon M. Nichols is a partner in Wicker Smith’s Naples office. His defense-oriented practice focuses primarily on administrative law, civil litigation, contract litigation, community association law, labor and employment, general negligence, medical malpractice, and premises liability. In addition, Mr. Nichols manages all levels of first-party insurance litigation and has represented a large variety of individuals, businesses, and associations in complex subrogation defense cases. Mr. Nichols has served as litigation counsel for large businesses and retailers, healthcare systems, condominium and homeowners’ associations, and individual healthcare practitioners protecting their interests in civil and administrative litigation matters in addition to advising on best practices, risk management, and performing contract and policy review. Mr. Nichols has worked on behalf of large self-insured companies, insurance companies, and third party administrators such as 7-Eleven; Arch; Broadspire; CNA; Cincinnati Insurance Company; GFS Food Service; Markel; Nationwide; Publix Super Markets; Rock Hill; Scottsdale; Tire Kingdom; and Tower Hill Insurance Group, among others. Additionally, he has advised large hospitals systems, such as NCH Healthcare System, Physician Regional Health Systems (and its successor, CHS), and SWIPRO (formerly SWCI) in personal injury, medical malpractice, and administrative actions. Administrative practice includes representation of health care practitioners and entities before Florida’s Agency for Healthcare Administration, the Florida Department of Health (including defending actions before the Boards of Chiropractic Medicine, Dentistry, Medicine, Nursing, Osteopathic Medicine, Pharmacy, and Physical Therapy Practice), as well as Florida’s Division of Administrative Hearings. Professional & Civic Affiliations
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Brandon Nichols - Partner
Profile
Brandon M. Nichols is a partner in Wicker Smith’s Naples office. His defense-oriented practice focuses primarily on administrative law, civil litigation, contract litigation, community association law, labor and employment, general negligence, medical malpractice, and premises liability. In addition, Mr. Nichols manages all levels of first-party insurance litigation and has represented a large variety of individuals, businesses, and associations in complex subrogation defense cases.
Mr. Nichols has served as litigation counsel for large businesses and retailers, healthcare systems, condominium and homeowners’ associations, and individual healthcare practitioners protecting their interests in civil and administrative litigation matters in addition to advising on best practices, risk management, and performing contract and policy review. Mr. Nichols has worked on behalf of large self-insured companies, insurance companies, and third party administrators such as 7-Eleven; Arch; Broadspire; CNA; Cincinnati Insurance Company; GFS Food Service; Markel; Nationwide; Publix Super Markets; Rock Hill; Scottsdale; Tire Kingdom; and Tower Hill Insurance Group, among others. Additionally, he has advised large hospitals systems, such as NCH Healthcare System, Physician Regional Health Systems (and its successor, CHS), and SWIPRO (formerly SWCI) in personal injury, medical malpractice, and administrative actions.
Administrative practice includes representation of health care practitioners and entities before Florida’s Agency for Healthcare Administration, the Florida Department of Health (including defending actions before the Boards of Chiropractic Medicine, Dentistry, Medicine, Nursing, Osteopathic Medicine, Pharmacy, and Physical Therapy Practice), as well as Florida’s Division of Administrative Hearings.
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Credentials
Education
- Nova Southeastern University (J.D., 2007)
- University of Florida (B.A., 2003)
Representative Matters
Directed Verdict Affirmed on Appeal in a Subrogation Matter
This was a general negligence subrogation matter stemming from a blockage in the sewer line, resulting in damage.
Plaintiff contended that our client owed a legal duty to perform preventative maintenance that would have avoided the sewage back-up that caused the property owners’ damage. However, Plaintiff did not have any witness testify as to the existence of such a duty. As a result, the trial court granted our Motion for Directed Verdict.
On appeal, Plaintiff argued that the duty to perform preventative maintenance is a statutory obligation under Florida Statutes § 718.108 and § 718.113. However, because the statutory legal duty was raised for the first time on appeal, the argument was deemed waived, and the directed verdict was affirmed.
Neighborhood Negligence Issue
A general negligence subrogation matter stemming from a blockage in sewer line, resulting in damage. The final outcome was a directed verdict.
Practices
Education
- Nova Southeastern University (J.D., 2007)
- University of Florida (B.A., 2003)
Credentials
Admitted to Bar
- The Florida Bar, 2008
Professional Affiliations
- Collier County Bar Association
