OUTCOME: $150,000.00 awarded to injured crewmember
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 fel...l 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
Personal injury
Estate of Jane Doe v. XYZ Nursing Home, in Miami
N/A
OUTCOME: SETTLEMENT $2,300,000.00
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 complain...ed 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.
Personal injury
Inna Budnytska vs. 10 Le June Road, Inc., Airport Regency Hotel, Airport Regency Management, Inc
N/A
OUTCOME: $300,000.00 awarded to woman assaulted at hotel
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.
Personal injury
Attorney’s work wins $2.25 million for inmate injured in transport van
N/A
OUTCOME: Settled before trial for 2.25 million dollars
July 05
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 Inter...national 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 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.â€
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, Fulmer 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.â€
Post-decision: Gonzalez is confined to a wheelchair. Medical reports from prison doctors who treated him note that his condition is likely permanent.
Miami-Dade Circuit Court
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
