Marlene Brito - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Profile

Marlene Brito is a partner in Wicker Smith’s Miami Office where her practice focuses primarily on general liability, automotive negligence, and premises liability matters.

Marlene graduated from Florida International University in 2012 with a major in Criminal Justice and a minor in Psychology. She then received her Juris Doctorate from St. Thomas University in 2016, graduating magna cum laude. While attending law school, Marlene received CALI Book awards in legal research & writing, real estate development, and finance. She was also a recipient of the Cuban American Bar Foundation “At-Large Scholarship”. Prior to joining Wicker Smith, Ms. Brito practiced at a Florida real estate firm, where she handled condominium and community association law.

She is admitted to practice in the State of Florida and is an active member of the Dade County Bar Association Young Lawyers Section and The Real Property, Probate and Trust Law sections of The Florida Bar. Outside of practicing law, Marlene enjoys traveling with family and going to the beach.

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Credentials

Education

Florida International University (B.A., 2012)
St. Thomas University School of Law (J.D., magna cum laude, 2016)

Representative Matters

Defense Verdict in Federal Court

Plaintiff alleged that she slipped and fall on water inside a national warehouse grocery chain, causing her to undergo injections, facet blocks and a low back Rizotomy. Plaintiff asked for $400k in damages, but the jury returned a defense verdict. The case was tried in the United States District Court for the Southern District of Florida.

Directed Verdict Granted After Trial

We represented a national warehouse grocery chain in this case, that was tried in the United States District Court for the Southern District of Florida. Initially, the Plaintiff received a jury award in the amount of $155,000. Post-trial, we filed a Renewed Motion for Directed Verdict on causation. The Judge agreed, granting the motion entering a judgment in favor of our client, resulting in a defense verdict.

Avoided a $4.5 Million Judgment in Slip and Fall Case

This case arose from an alleged slip and fall in oil on the floor. A store employee walked near the area approximately five minutes prior to the fall. Plaintiff alleged three knee arthroscopies as a result of the incident, with over $100k in medical specials, and asked the jury for $4.5 million at trial. The jury found Plaintiff 70% responsible and awarded her only $13,648.

Summary Judgment: Miami-Dade County, Florida (Negligent Security)

Miami Partner, Marlene Brito, Esq., recently obtained summary judgment on behalf of a national retail warehouse club in Miami-Dade County. This was a negligent security case in which Plaintiff was assaulted in the store parking lot by a third party. Plaintiff alleged our client, the warehouse club, failed to have proper security measures in place, and as a result, he claimed a concussion, jaw dislocation, memory issues, blurry vision and neck and back pain. Plaintiff argued that the incident was foreseeable, and cited to numerous prior criminal incidents that had occurred at the property to support his claim. The subject incident took place in the parking lot before plaintiff entered the store, and lasted less than two minutes in its entirety. The Court agreed with our argument that the incident was sudden and unforeseeable, and granted summary judgment in our client’s favor. This ruling triggered our Proposal for Settlement, and our client will now be entitled to seek fees and costs dating from December 2024. Congratulations Marlene on this excellent work.

Practices

Education

Florida International University (B.A., 2012)
St. Thomas University School of Law (J.D., magna cum laude, 2016)

Honors

Super Lawyers: “Rising Stars”, 2022-2024
Magna Cum Laude, J.D.
CABF “At-Large” Scholarship Recipient
CALI Book Awards in:
- Legal Research
- Writing
- Real Estate Development
- Finance

Credentials

Admitted to Bar

2016, Florida
2017, United States District Court for the Southern District of Florida

Professional Affiliations

The Florida Bar
- Young Lawyers Section
- The Real Property, Probate and Trust Law Section
Dade County Bar Association

Languages

Spanish