Brandon M. Polsky - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Profile

Brandon M. Polsky is an associate in Wicker Smith’s Fort Lauderdale office, where he focuses his practice in automotive negligence, aviation, civil litigation, personal injury, and premises liability.

Since joining Wicker Smith in 2020, Mr. Polsky has handled lawsuits in both State and Federal Court and has secured numerous dismissals and favorable trial verdicts. Mr. Polsky regularly represents major airlines, aircraft operators, fixed-based operators, aviation product manufacturers, and various insurance carriers. Mr. Polsky also regularly works with air carriers, maintenance facilities, and manufacturers during NTSB investigations following aircraft accidents.

Mr. Polsky has also been selected by the President of The Florida Bar to serve on the Aviation Law Committee of The Florida Bar from 2022 to the present. The scope and function of the Aviation Law Committee is to study recent developments of law, legislation, and regulations in the field of aviation law and inform members of the Bar of significant developments. Mr. Polsky is also a Student Pilot, currently working towards completing his Private Pilot Certification.

In his non-aviation work, Mr. Polsky defends bodily injury claims involving surgical procedures, spinal injuries, high medical bills (LOPs), and traumatic brain injuries.

In 2015, Mr. Polsky graduated magna cum laude with a Bachelor of Science in Business Administration from Lynn University. He then continued his education at Nova Southeastern University Shepard Broad College of Law where he earned a Juris Doctor in 2018 and placed on the Dean’s List in 2017 and 2018. During law school, he served as the Executive Justice of Competitions to the Moot Court Society and earned a Book Award for Interviewing, Counseling, and Negotiating. Mr. Polsky also volunteers his time to help local law schools with Moot Court competitions.

Before joining Wicker Smith, Mr. Polsky was an associate at a regional law firm handling cases in business law, civil litigation, and real estate matters.

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Credentials

Education

Nova Southeastern University Shepard Broad College of Law (J.D., 2018)
Lynn University (B.S., magna cum laude, 2015)

Representative Matters

Dismissal of All Claims Upheld on Appeal

We defended an aircraft repair facility against claims of corrosion that allegedly occurred due to routine aircraft cleanings. We successfully obtained a dismissal of all claims against our client and the dismissal was affirmed on appeal by Florida’s Fourth District Court of Appeal.

In re: International Air Crash Litigation

We have represented several major air carriers throughout the years with accident investigation and litigation arising from the Montreal Convention and Warsaw Convention for aircraft accidents occurring both within and outside the United States.

Favorable Outcome in Alleged Traumatic Brain Injury Accident

Contested liability case in which Defendant turned left in front of Plaintiff. The Plaintiff made claims of permanent injuries to his neck and low back, as well as claims of PTSD, TBI, anxiety, depression and vision loss. Plaintiff asked for $5.3 million in the closing argument. The jury found that Plaintiff did not sustain permanent injury, and returned a verdict placing 40% negligence on the Plaintiff and awarding $113,985.

Favorable Verdict: Volusia County, Florida (Auto Negligence)

Jacksonville Partner, Chris Brown, and Fort Lauderdale Associate, Brandon Polsky, obtained a favorable verdict in an auto negligence case in Volusia County, Florida. This case involved an admitted liability motor vehicle accident in which we represented an insurance carrier for an underinsured/uninsured claim. Plaintiff claimed injuries to his eyes, neck, and shoulder, as well as a traumatic brain injury, with $125,000 in medical bills. After jury selection, Plaintiff dropped the traumatic brain injury claim and all medical bills, and informed the jury they would only be seeking damages for pain and suffering, in the amount of $700,000. Plaintiff was a very likeable retiree, and his counsel leaned heavily on sympathy in the presentation of their case. The Plaintiff’s treating radiologist did not state his opinions were within a reasonable degree of medical probability, and the treating eye surgeon conceded no permanent injury. However, the defense of the case was complicated by the concession of the defense radiologist that Plaintiff had incurred a sprain/strain to the cervical region as a result of the accident, which healed on later films. After five days of trial, the jury awarded $300,000 in pain and suffering. The final award will be reduced to an amount within the policy limits after the application of various set-offs.

Brandon Polsky

Brandon Polsky - Associate

Brandon Polsky

Associate

Profile

Education

Representative Matters

Dismissal of All Claims Upheld on Appeal

In re: International Air Crash Litigation

Favorable Outcome in Alleged Traumatic Brain Injury Accident

Favorable Verdict: Volusia County, Florida (Auto Negligence)

Practices

Education

Honors

Credentials

Admitted to Bar

Professional Affiliations