School teacher wins settlement for rear-end collision
N/A
OUTCOME: Settled before trial for $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.
Car accident
Policy limits paid to injured client of Miami law firm
N/A
OUTCOME: Settled for $225,000.00
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 & Li...pcon, 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.”
Car accident
Miami-Dade County Pays Statutory Maximum to Injured Pedestrian
N/A
OUTCOME: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits.
CASE: T.E. and R.E., his Wife, vs. Miami-Dade County, a Political Subdivision of the State of Florida and Geico Indemnity Company
Court: Miami-Dade County Circuit Court, 11th Judicial Circuit
Plai...ntiff Attorneys: Lipcon & Lipcon, P.A.
Facts and Allegations: Pedestrian Knockdown. T.E., a man in his early 70's, retired, was crossing an intersection in the crosswalk, when he was struck my a Metro-Bus making a right turn. He was transported, by fire rescue, to Jackson Memorial Hospital Trauma Center with injuries to his left knee. He came under the care of Dr. James Mayoza, an orthopedic surgeon. MRI to his knee revealed a lateral meniscus tear which led to a total knee replacement. Defendant County claimed the knee injury and surgeries were not related to the accident, based upon pre-existing osteoarthritis (aging). The claims were denied by the County.
T.E. hired Lipcon & Lipcon, P.A., a Miami law firm that specializes in personal injury litigation, after two other firms declined to represent him. Lipcon & Lipcon promptly filed a lawsuit against Miami-Dade County, in addition to demanding payment, in full, of T.E.'s uninsured/underinsured insurance limits from his automobile policy. After almost a year of litigation which included numerous depositions of witnesses and medical experts, the County and T.E.'s insurance carrier both tendered the full amount of their policy limits (just days before trial).
RESULT: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits.
Comments: David Lipcon stated that this isn't the first time he has represented a client that was declined representation from other lawyers who do not have adequate experience analyzing personal injury claims. After meeting with investigators and reviewing the medical reports, he felt confident he would achieve a good result for T.E. and his family.
Car accident
Student Settles Claim for Car Accident Against Geico
N/A
OUTCOME: Settled for $75,000.00
Student Settles Claim for Car Accident Against Geico
CASE: S.P. v. Garcia and GEICO General Insurance Company
Court: None. Settled Before Suit
Location: Miami-Dade County, FL
Plaintiff Attorn...ey: David W. Lipcon, Lipcon & Lipcon, PA
SETTLEMENT: $ 75,000.00
Facts and Allegations:
S.P, an 18 year old student at the University of Miami, was involved in an intersection collision in Coral Gables, FL. S.P entered the intersection with a green light but was cut off by Garcia who attempted to make a left-hand turn, in front of her, coming from the opposite direction. S.P injured her neck and back, requiring medical treatment and physical thereapy.
RESULT: Settled before Suit was filed for $75,000.00
Personal injury
Mosh Pit Case Settled
N/A
OUTCOME: Settled
Below is an update to the "Mosh Pit" law suit filed by Lipcon & Lipcon
“Steven” (a minor, who’s name is protected due to his age) said he and his cousin went to Miami’s Bayfront Park last Summer for... an afternoon of listening to music. In fact, it was “Steven’s” first concert, ever. When he arrived at the “Warped Tour” show, things started out nicely and calmly. “Steven”, being timid and small (standing 5’7” tall and weighing a mere 100 pounds) kept to himself and stayed in the background, choosing not to mix too much with the crowd that was getting rowdier and more unruly as the show went on. Maybe it was the July heat, or simply the music, but things slowly, yet surely, got out of control. It began with the bottle fights, then the crowd surfing and eventually the mosh pits. It all happened so quickly.
The then-17-year-old music lover couldn't escape the crowd that he said attacked him, grabbing him from behind, picking him up and throwing him into the phenomenon known as the “mosh pit.” Unfortunately for “Steven”, when he was picked up and thrown into the crowd, nobody bothered to catch him. He landed violently on the ground. He was trampled on top of it. He never stood a chance.
He suffered multiple broken bones, including fractures of both his shoulders, and had to undergo surgery to repair the damage.
A lawsuit was filed by his attorney, David W. Lipcon, against the concert promoter, Live Nation, and the company hired to provide security/crowd control at the show. Lipcon alleges that the crowd became so unruly and wild, that these spontaneous “mosh pits” formed. In fact, Lipcon says, “the mosh pits and crowd surfing are encouraged by the promoter; it’s part of the concert’s allure. The Warped Tour has a well documented history of allowing its crowd to get out of control. Excessive drinking is commonplace. My client was there simply to hear the music and enjoy himself. He was a child. He never expected to be assaulted by the concert goers.”
The case was settled before trial, after contested litigation for a confidential amount. Lipcon could not say the exact settlement amount but assured us that it was enough money to compensate the victim for his injuries, pain and suffering for the rest of his life, as well as to deter this type of conduct in the future.
The case was filed in the Circuit Court of Miami-Dade County (Judge Victoria S. Sigler).
Personal injury
Victim of Sexual Attack at Resort Town Hotel - Case Settled
N/A
OUTCOME: Settled
Case: Jane Doe v. (Hotel) and (Restaurant)
Jurisdiction: Circuit Court, Florida
Attorneys: Lipcon & Lipcon, P.A.; David W. Lipcon
Settlement Amount: Confidential (names of parties have bee o...mitted)
Facts and Allegations: Premises Liability/Negligent Security (Filing Date 2013,Settlement 2014)
Jane Doe, was visiting Florida on business (the name of the Plaintiff and the location of the incident is being kept private due to privacy concerns for the victim). The victim, a single mother, was staying at a local hotel in a Florida beach town. Upon arrival, while walking towards the room, she was approached by a man who was working for a local restaurant, handing out menus and coupons. The man was hired by the local restaurant to solicit customers on the street and on hotel properties. There was a brief conversation between the two, when she accepted one of the menus/coupons. A few hours later, the man returned to her room, climbing up to the second story balcony, breaking into her room and attacking her. After a long struggle, the victim was able to break free of the assailant and run to safety. The victim, hired the law offices of Lipcon & Lipcon, PA. David W. Lipcon, a Miami lawyer, well experienced in premises liability/negligent security cases, such as these, launched an investigation into the incident. He discovered that the assailant, hired by the restaurant, had a long and extensive criminal history including other incidences of aggravated battery and breaking and entering. Further investigation revealed that the hotel, where the victim was staying, had left a ladder where anybody from the street could gain easy access to the second story balconies.
A confidential settlement was first achieved against the hotel. Suit was later brought against the restaurant for, amongst other things, negligent hiring, retention and supervision of the employee. It was alleged by Lipcon that the restaurant failed to provide a proper background check, or in the alternative, completely ignored looking into the background of this violent offender.
After contentious litigation, a settlement was eventually reached with the restaurant, as well, just prior to trial. That settlement, pursuant to an agreement between the parties, must remain confidential.
Lipcon spoke to us, briefly, about the case: "I'd love to comment on the details of the attack and settlement but we are bound by confidentiality clauses not to do so. I will say that the settlement was enough to teach the hotel and restaurant operators a lesson - don't operate your business without being conscious of the safety of your customers and the public. Don't just hire the first person that walks through the door...do your job, investigate the background and character of who you are putting into the public to promote your business. And to the hotels and motels out there....take precautions for the safely of your guests. Everyone needs to stop being careless."
Wrongful death
Wrongful Death Settlement - Negligent Security
N/A
OUTCOME: Settled
Case : Estate of Jane Doe v. ABC Homeowners Association
Jurisdiction : Miami-Dade County, Circuit Court
Attorneys : Lipcon & Lipcon, P.A., David W. Lipcon
Facts and Allegati...ons : Wrongful Death, Negligent Security/Assault
Jane Doe (whose name is not listed here in order to protect the family) was a single mother of three (3) young children. Late one evening, she was walking home from work, towards her home, which is part of a homeowner's association, when she was robbed and gunned down, by unknown multiple assailants, who were driving through the area. The association is not enclosed and has no security gate or guards.
The family of Jane Doe hired Lipcon & Lipcon to investigate a potential Wrongful Death Claim against the Association for failing to provide security. David W. Lipcon, Esq., who, for the past twenty-two years, has specialized in personal injuries and wrongful death claims, such as this, immediately opened up an investigation into the incident. It was learned, during the investigation, that the association was a virtual hot-bed for criminal activity such as burglaries, robberies, assaults, car theft, and even homicides. Further investigation showed that although the Association was charging fees to the homeowners, it was doing almost nothing with the fees collected; certainly not providing security, or doing anything to prevent crime such as hiring guards, increasing police presence, adding security lighting, etc. After learning more of the facts, Lipcon filed his lawsuit.
The case was immediately settled after the lawsuit was filed.
While the case settled over "seven figures," the exact amount of the remains confidential. When asked about the Settlement, Lipcon explained, "Everybody understands no amount of money can bring back the childrens’ mother. But, at least their financial well-being will be secured for the rest of their lives. The guardian of the money will use the funds to pay for college and help the children live a productive and meaningful life. This money is their mother's legacy."
Result: Case settled after filing suit.
Nursing home abuse and neglect
Estate of Jane Doe v. XYZ Nursing Home, in Miami
N/A
OUTCOME: SETTLEMENT $2,300,000.00
ATTORNEY(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 complai...ned 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.
Car accident
Estate Of Mother, Killed By Drunk Driver, Settles Wrongful Death Claim Against Miccosukee Indian Tribe Members
N/A
OUTCOME: Settled just weeks before trial for an undisclosed amount.
Case: Estate of VB v. Lucan Billy Frank and Agnus Frank (2010-57868 CA 01)
Jurisdiction: Miami-Dade County Circuit Court, Honorable Gisela Cardonne Ely
Attorneys: Lipcon & Lipcon, P.A.; David W.... Lipcon
Facts and Allegations: Wrongful Death/Vehicular Homicide/DUI Manslaughter.
VB, mother of three adult children, and one minor child, was a Dade County Public School bus driver. She was killed when she was attempting to make a left hand turn into the Miami Dade School Bus Compound. She was approaching her turn, with the right of way, when she was crashed into by a drunk driver who ran his red light. The crashed caused VB to be ejected from her vehicle. She died at the scene.
The Defendant, Lucan Billy Frank, had been out all night drinking at a local "Gentleman’s Club." He was apparently on his way home, still drunk. After he crashed into VB’s vehicle, he fled his car, and the scene of the accident, running into a nearby wooded area. The police established a perimeter and eventually apprehended him. Police arrested Frank, charging him with vehicular homicide, leaving the scene of an accident involving a death, DUI manslaughter and failure to render aid.
Unfortunately, Frank, and his mother, Agnes, the owner of the vehicle (and civilly liable along with the driver of her vehicle), maintained only a small liability insurance policy of $35,000.00.
The family of the victim hired David Lipcon, of the law firm Lipcon & Lipcon, P.A., who specializes in personal injury cases in the South Florida area. Lipcon made sure that the insurance company quickly tendered those policy limits to the family. Knowing that the recovery was hardly sufficient to compensate the victim's family, Lipcon quickly opened up an investigation and then brought a law suit against the Frank family.
Mr. Lipcon tells us that collecting money judgments and damages, outside of the available insurance limits in Florida, is usually unlikely. Most people in the State are "judgment proof" as Florida is one of the friendliest States in the nation, to a debtor.
The Franks are members of the Miccosukee Tribe of Indians of Florida. Lipcon learned, through his investigation, of a "stipend" that the Miccosukee Indian Tribe pays its tribe members. This was difficult, considering the Miccosukees are the only tribe in the continental United States that does not disclose the amount of the stipend that each member receives. After lengthy litigation, and negotiation, the case was finally settled for an undisclosed amount. This settlement is widely considered the first of its kind, as the Tribe is well known not to acknowledge the stipend funds.
Due to confidentiality clauses in the settlement, Mr. Lipcon would not tell us how much the family of VB received, who paid, or whether the funds where provided by the Miccosukee Indian Tribe. He was able to tell us, however, that the children of VB received a significant settlement amount, enough to take care of the family for generations. Lipcon does not believe that any similar settlement has ever been achieved before, involving the Miccosukee Indians, and is not aware of any similar case that is currently on-going.
Personal injury
M.A. and R.A., her Husband vs. Richard K. and Geico Indemnity Company
N/A
OUTCOME: SETTLEMENT: $225,000
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 In...demnity 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
