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David William Lipcon
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David Lipcon’s Legal Cases

20 total


  • Estate of Jane Doe v. XYZ Nursing Home, in Miami

    Practice Area:
    Nursing Home Abuse and Neglect
    Outcome:
    SETTLEMENT $2,300,000.00
    Description:
    TTORNEY(S) David W. Lipcon and Mitchell J Lipcon, of Lipcon & Lipcon P.A., Plaintiff was a full time resident of the defendant nursing home,totally dependent on its nursing care. Plaintiff complained to her nurses that for at least three days her legs were going numb and sore. She was ignored. She was not bathed or changed during that time. When Plaintiff’s family was allowed to see her, they discovered multiple large bed-sores. Her legs showed the beginning signs of gangrene. She was rushed to the hospital where it was necessary to amputate both legs below the knees. during discovery it was revealed that the nurses failed to follow their own care protocol by not turning and repositioning plaintiff every 2 hours. It was also revealed that Plaintiff was not given the proper nutrition and was unable to feed herself. Plaintiff was a Medicare patient. During the discovery stages, her lawyers were successful in arguing to the court that they should be allowed to present a claim for punitive damages to the jury. The case settled after that ruling,and prior to trial. RESULT: A pretrial settlement for $2,300,000.00 was reached.
  • Estate of Aguilera v. ACSR, Inc

    Practice Area:
    Personal Injury
    Outcome:
    $600,000 awarded to family of woman who fell in da
    Description:
    An adult day-care center agreed to pay $600,000.00 to the family of an elderly woman who falls out of her wheelchair while riding in the defendant’s van. J.A., 73, was a passenger in a West Active Day Center van when the driver stopped short. The lap belt that attached her wheelchair to the floor of the van became loose, causing her to slide out and hit the floor when the van stopped. The driver acknowledged he never used a shoulder strap and was never trained to do so. The Plaintiff sustained a severe leg injury. CASE: Estate of Aguilera v. ACSR, Inc. Case No,: 06-5423 CA 08 Plaintiff's Lawyers: DAVID W. LIPCON and MITCHELL J. LIPCON, of LIPCON & LIPCON, P.A.
  • E.D., Plaintiff, v. Miami Provisions, Inc. and Ralph De Collibus

    Practice Area:
    Personal Injury
    Date:
    Jul 08, 2008
    Outcome:
    SETTLEMENT $990,000.00
    Description:
    PLAINTIFF ATTORNEY(S) David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA FACTS & ALLEGATIONS Plaintiff, 81, retired, was planning on meeting her grandson at the Burger King located at Collins Avenue near 183rd Street for breakfast. Plaintiff did not own a car and used public transportation for all her needs. She had just dropped off some mail at a nearby post office and was walking northbound on the sidewalk on Collins Avenue, heading for the restaurant. A Boar's Head delivery truck, owned by Miami Provisions Inc. and driven by Ralph De Cc-Anhui, was stopped at the stop sign at a shopping mall exit, facing Collins Avenue, intending to turn right (southbound). After making sure the truck was stopped, Plaintiff proceeded to walk in front of it, making it all the way across the nose of the vehicle, from its right to the left, before the truck started forward, hitting her and running over her left leg. Plaintiff sued De Collibus and Miami Provisions for his neg­ligent operation of a motor vehicle. Her lawyers contended that she had the right of way and had walked most of the way across the front of the truck before De Collibus negligently struck her. The defense contended that Plaintiff was comparatively neg­ligent. It contended that Plaintiff crossed in front of the large truck in a way that may have blocked the driver's view of her. INJURIES/DAMAGES amputation, below-the-knee: crush injury, .foot Plaintiff’s left foot was crushed requiring multiple surgeries and eventually a below-the-knee amputation. Plaintiff sought damages for her medical bills and her past and future pain and suffering. RESULT The case settled pretrial for $990,000. INSURER(S) Allstate Insurance Company
  • Ioannis Skordilis v. Celebrity Cruises, Inc.

    Practice Area:
    Personal Injury
    Date:
    Mar 01, 2009
    Outcome:
    $150,000.00 awarded to injured crewmember
    Description:
    PLAINTIFF ATTORNEY(S): Mitchell J. Lipcon and David W. Lipcon of Lipcon & Lipcon, PA Ioannis Skordilis, Greek, second electrician aboard a Celebrity Cruises ship, was injured when he slipped and fell in the ship’s stairway. He claimed that there was cleaning fluid on the steps that was not visible, causing him to fall and injure his shoulder. Mr. Skordilis was sent to Miami for medical care and treatment. He eventually underwent arthroscopic surgery of the shoulder. His orthopedic surgeon, Dr. John Wilkerson, felt that Mr. Skordilis made a partial recovery from his injuries but was limited in the amount of weight he could lift to 25 lbs. or less. Ship’s regulations call for a ship’s electrician to be able to lift at least 50 lbs. Therefore, Mr. Skordilis could no longer work on a ship. The Defendant claimed Mr. Skordilis could find a job, on shore, as an electrician. RESULT: The case was settled just prior to trial for $150,000.00
  • Inna Budnytska vs. 10 Le June Road, Inc., Airport Regency Hotel, Airport Regency Management, Inc

    Practice Area:
    Personal Injury
    Outcome:
    $300,000.00 awarded to woman assaulted at hotel
    Description:
    PLAINTIFF’S ATTORNEY(S): David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA. Ms. Budnytska, a native of the Ukraine, was working aboard the Norwegian Dawn, an NCL ship, when she injured her hand. As part of a claim for maintenance and cure, she was sent to Miami for medical treatment. She was housed at the Airport Regency Hotel. Approximately four (4) months after she checked into the hotel, she was attacked, in her room, and assaulted. A claim was made by her attorneys, against the hotel for negligent security. In addition, the security company for the hotel was brought into the suit. Ms. Budnytska sustained an open wound to her right eye, multiple orbital fractures, facial lacerations and post traumatic stress disorder. She was treated, initially, for her injuries at the Ryder Trauma Center at Jackson Memorial Hospital. It was alleged in the law suit that the hotel failed to provide a safe place for their guests, failed to perform an adequate security analysis, failed to have adequate monitoring of their security cameras and negligently allowed an un registered guest to have access to hotel room floors. RESULT: The case was settled after mediation for $300,000.00.
  • Jesus Gonzalez v. MVM International Security Inc.

    Practice Area:
    Personal Injury
    Date:
    Jul 26, 2013
    Outcome:
    Settlement: $2.25 million
    Description:
    Jesus Gonzalez was in federal custody on Sept. 15, 2005, and was being transported from the U.S. Federal Building and Courthouse to the Miami Federal Correctional Institution in South Miami-Dade. He had pleaded guilty to a conspiracy to distribute crack. Gonzalez was handcuffed and leg shackled in the back of a van driven by employees of Vienna, Va.-based MVM International Security, a subcontractor of the U.S. Marshals. The van was heading south on I-95 when two cars collided, causing a GEO Metro to hit the van. The van rolled three times, ejecting Gonzalez and leaving him a partial quadriplegic from a skull fracture, spinal injuries and nerve damage. He was left paralyzed from the waist down with only limited movement in his arms. Despite the accident, he completed a sentence of two years and six months in August 2007. The other prisoners in the van suffered relatively minor injuries. Gonzalez’s medical bills approached $300,000, most of which was paid by the U.S. Department of Justice. Gonzalez struggled to find a civil attorney to represent him because many lawyers assumed that the federal government was transporting the prisoners instead of a contractor, Lipcon said. A negligence lawsuit against the U.S. Government is difficult to prosecute because of award caps and other restrictions. “Everyone thought they were marshals,” Lipcon said. “I looked further into it and realized it was a private company with private insurance, and it really changed the nature of the case.” Lipcon filed suit in Miami-Dade Circuit Court against MVM, Arizona-based Scottsdale Insurance and San Antonio, Texas-based Argonaut Insurance, but dropped the two insurers from the case in March. The lawsuit includes a single count alleging that MVM failed in its duty to ensure that Gonzalez was being transported safely at the time of the crash. The case settled before trial. Plaintiff Case: In the lawsuit, Lipcon argued that MVM wasn’t negligent in how it operated the van, but in failing to ensure Gonzalez wore a seatbelt. He also contended that the van MVM used, a Chevrolet 350, had a tendency to roll in crashes when it was loaded with passengers. Defense Case: Fulmer said he did not have permission from his client to talk to the media. But according to Lipcon, the defense contended that MVM had no obligation to ensure the prisoners wore seat belts, and that it was following the orders of the U.S. Marshals Service, which does not make it mandatory for prisoners to wear seat belts. Outcome: MVM agreed to settle for $2.25 million. Quote: “He’s still a citizen, he didn’t ask to be put in this position, he asked to be seat-belted. Does he deserve what he ultimately got, a life sentence in a wheelchair? Absolutely not,” Lipcon said. “This is tantamount to a death sentence.” Post-decision: Gonzalez is confined to a wheelchair. Medical reports from prison doctors who treated him note that his condition is likely permanent.
  • M.A. and R.A., her Husband vs. Richard K. and Geico Indemnity Company

    Practice Area:
    Personal Injury
    Outcome:
    SETTLEMENT: $225,000
    Description:
    Policy limits paid to injured client of Miami law firm Legal Business Review, Staff Writer October 22, 2009 SETTLEMENT: $225,000 CASE: M.A. and R.A., her Husband vs. Richard K. and Geico Indemnity Company Court: Miami-Dade County Circuit Court, 11th Judicial Circuit Plaintiff Attorneys: Lipcon & Lipcon, P.A. Facts and Allegations: Plaintiff, M.A. was injured when the car she was driving was crashed into by a driver of a vehicle who ran a red-light at the intersection of N.W. 3rd Ave and N.W. 2nd Street in Miami, FL. Plaintiff was taken by ambulance where she was treated for injuries to her neck, back and right knee. Plaintiff ultimately underwent surgery on her knee to repair a torn meniscus. Defendant was insured with Progressive Insurance Company for $100,000.00. Attorney Mitchell Lipcon was able to secure payment of the full amount of those limits after he argued there would be a claim for bad faith if Progressive did not immediately tender the money (Progressive had suggested that Plaintiff may have had a pre-existing condition to her knee which would have precluded recovery). Lipcon secured payment, in full, of Plaintiff’s stacking uninsured/underinsured motorist benefits when he successfully argued that the tortfeasor’s insurance limits were insufficient to fully compensate Plaintiff for her suffering. RESULT: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits. Comments: Lipcon stated that after 44 years of specializing in personal injury law he knew how to seek out a full recovery for his client, which included recovering for stacking underinsured motorist benefits, which plaintiffs were unaware they possessed. “You have to have the experience to know where to look and how to get the most for your client, otherwise you are practicing in the wrong area of law.” Posted by David W. Lipcon at 12:19 PM 0 comments School teacher wins settlement for rear-end collision Legal Business Review, Staff Writer October 21, 2009 SETTLEMENT: $ 37,500.00 CASE: G.L. v. L.C. and ALLSTATE INSURANCE COMPANY Court: Miami-Dade County Circuit Court, 11th Judicial Circuit Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon and Mitchell J. Lipcon Facts and Allegations: G.L., 23, after care teacher, was injured in a rear-end collision on March 17, 2007, in Hialeah. G.L. had injuries to her neck and low back. She was treated for approximately one (1) year for soft tissue injuries. She lost approximately 2 weeks from work. Following medical care, she was able to return to her usual work and leisure activities. Case settled before trial. RESULT: Settled before trial for $37,500.00 Posted by David W. Lipcon at 11:50 AM 0 comments Saturday, July 4, 2009 Attorney’s work wins $2.25 million for inmate injured in transport van Daily Business Review July 02, 2009 By: Review staff Attorney David W. Lipcon Case: Jesus Gonzalez v. MVM International Security Inc. Case No.: 08-60662 Description: Personal injury Filing date: Oct. 2, 2008 Settlement: June 20, 2009 Judge: Miami-Dade Circuit Judge Scott Silverman Settlement: $2.25 million Plaintiff attorney: David Lipcon, Lipcon & Lipcon, Miami Defense attorney: C. Richard Fulmer Jr., Fulmer Leroy Albee Baumann & Glass, Fort Lauderdale. Details: Jesus Gonzalez was in federal custody on Sept. 15, 2005, and was being transported from the U.S. Federal Building and Courthouse to the Miami Federal Correctional Institution in South Miami-Dade. He had pleaded guilty to a conspiracy to distribute crack. Gonzalez was handcuffed and leg shackled in the back of a van driven by employees of Vienna, Va.-based MVM International Security, a subcontractor of the U.S. Marshals. The van was heading south on I-95 when two cars collided, causing a GEO Metro to hit the van. The van rolled three times, ejecting Gonzalez and leaving him a partial quadriplegic from a skull fracture, spinal injuries and nerve damage. He was left paralyzed from the waist down with only limit
  • $2.85 Million Dollar Settlement in Case of Bad Faith Claims Handling

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 2012
    Outcome:
    Result: Settled before trial for $2.85 Million
    Description:
    Bad Faith Settlement Case: Estate of Suarez v. J. Muniz and Allstate Insurance Company Court: Miami-Dade County Circuit Court, Honorable Jerald Bagley Plaintiff's Attorneys: Lipcon & Lipcon. P.A., David W. Lipcon In 2009, David W. Lipcon, of Lipcon & Lipcon, P.A., in Miami, Florida, was hired by the parents of a 19-year-old girl who was killed by a drunk driver. Christine, a college student home for vacation, was driving to her parent's home in Coral Gables when a car ran through a red light at an intersection, crashing into her, killing her instantly. The driver who ran the light had been drinking at a local bar. He surrendered at the scene and was charged with DUI Manslaughter. His insurance carrier refused to tender his insurance policy limits of $100,000.00 to the family claiming the traffic light was not red, and that he had the right of way, in spite of being legally drunk. The family then hired Lipcon & Lipcon to represent them. David Lipcon, who has over nineteen years of experience in wrongful death/personal injury claims, was able to successfully obtain a settlement for the parents, of $2.75 million over the policy limits. The case was settled during Mediation when Lipcon brought in a team of bad faith and accident reconstruction experts.
  • Bed Bug Infestation! Hotel Settles With Family Attacked by Bed Bugs While Sleeping!

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 2011
    Outcome:
    Settled Before Trial
    Description:
    CASE: Keefe v. St. Augustine Hotel and Inn Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon Facts and Allegations: Bed Bug Attack. Mrs. Keefe and her family were guests at the St. Augistine Hotel and Inn, in St. Augustine Florida, on July 21, 2011. They were vacationing to celebrate a family engagement. Some time during the night, Mrs. Keefe was attacked by a swarm of bed bugs that were infesting the mattress and sheets that she was sleeping on. When she awoke, she was in extreme pain and discomfort. Her body was covered with bites, from head to toe. Her face was swollen and disfigured. She sought immediate medical attention. When the issue was brought up to the hotel, they denied that there were bugs infesting the room. They did, however, offer to take ten percent (10%) off of her bill! They did not offer to pay her medical bills or even refund her, in full, for her stay. The family hired the law firm of Lipcon & Lipcon, P.A. Although the firm is located in Miami, they specialize in Personal Injury Litigation throughout the state of Florida. Attorney David Lipcon reacted quickly by sending a team of investigators to the hotel. Negotiations with the hotels insurer began. After a few short weeks, the case was resolved. While the terms of the financial settlement remain confidential, the family reports that they were extremely satisfied with the compensation, which included amounts for pain and suffering as well as emotional distress. Further, as a condition of the settlement, the hotel agreed to completely sanitize the entire property and implement a protocol of monitoring and sanitizing the hotel in case of future infestations. At first the insurance company was resistant to negotiate a settlement. However, Mr. Lipcon persisted. Based on his reputation of going to court and receiving favorable verdicts, the insurer, and the hotel, felt it was in their best interest to settle with the family.
  • Charter School Pays Policy Limits for Injury to Student

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 2011
    Outcome:
    Settlement for full amount of insurance coverage
    Description:
    Case: A.R., a Minor v. Homestead Charter School Court: Miami Dade County Circuit Court, 11th Judicial Circuit Plaintiff’s Attorneys: David W. Lipcon, of Lipcon & Lipcon, P.A. Facts and Allegations: Injury on school playground. A.R. (name withheld to protect the identity of the minor) only 5 years old, was a student at Homestead Charter School. On October 4, 2010, after it had rained for hours, A.R.’s teacher brought the class outside to play on the school playground. Despite being cautioned by other teachers that the monkey bars were slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play on the monkey bars. When A.R. climbed to the top, because the bars were slippery, his hands slipped, causing him to fall to the ground. The fall caused him to fracture his forearm. A.R.’s parents hired the Law Firm of Lipcon & Lipcon, P.A., a law firm in Miami, Florida that specializes in personal injury litigation. Lipcon’s investigation confirmed that other teachers at the school did not allow their children to play on the monkey bars because of the wet, dangerous condition. The insurance company argued that the teacher was not negligent and that there was no liability for children playing on playground equipment. After months of negotiation, the lawyers at Lipcon & Lipcon were able to convince the insurance carrier, for the school, to pay the full amount of bodily injury coverage available. Comments: The school was unavailable for comment. David Lipcon stated that the family was very satisfied with the settlement and that proceeds were placed in a restricted Guardianship Account for the benefit of the child.