Cary W. Capper - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Cary Capper

Biography

Cary W. Capper joined Wicker Smith in 1998 and is a partner in the Miami office, concentrating his civil trial practice in the areas of premises liability, medical malpractice and health care law. Mr. Capper has conducted over 20 civil jury trials throughout the southern and mid-section of Florida.
Mr. Capper began his legal career as a public defender for the Eleventh Judicial Circuit of Florida, where he represented adults charged with second and third degree felonies. Three years later, he transitioned into civil practice and prior to joining Wicker Smith, he worked for three years, handling matters in medical negligence and administrative proceedings before the Agency for Health Care Administration.
Originally from New Jersey, Mr. Capper graduated from Florida State University in 1982 with a Bachelor of Arts in Business Administration. He earned a Juris Doctor from The St. Thomas School of Law in 1991. Admitted to practice in the state of Florida in 1992, Mr. Capper is an active member of the Florida Bar, American Bar Association and Dade County Bar Association.
From 1982 to 1988, Mr. Capper served in the United States Air Force, working his way up to the rank of Captain in 1986. He has a navigator aeronautical rating with a specialty in electronic warfare.

Professional & Civic Affiliations

The Florida Bar

American Bar Association

Dade County Bar Association

Profile

Download
vCard

Download
Credentials

Education

St. Thomas University (J.D., 1991)
Florida State University (B.S., 1982)

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.