Tuesday, January 12, 2016

Lipcon Recovers Policy Limits

Case: SR v. Miami Bus Transportation Company.

Jurisdiction: Miami-Dade County, Florida.

Plaintiff’s Attorney: David W. Lipcon of Lipcon &Lipcon, P.A.

David W. Lipcon was hired by a 42 year old man ("SR") who was stopped at a red light, on a motor scooter.  He was waiting for the light to turn, when his scooter was struck from behind by a driver working for a Private Transportation Company. 

Upon impact, SR was thrown from the scooter, injuring himself.  The driver of the van, never got out of his vehicle to check on SR, never called for help, and never provided any assistance whatsoever.

SR suffered severe trauma to his head, neck and back as a result of the crash.  The insurance company for the van refused to negotiate a fair settlement claiming that SR didn't sustained the injuries he was claiming. 
Mr. Lipcon filed a lawsuit on behalf of SR.  The case was litigated for thirteen (13) months.  After the first day of trial, the insurance company finally admitted liability and offered to tender all of the insurance limits available.  
Lipcon achieved a significant result for SR that will allow him to pay his medical bills, his future medical bills and compensate him for all his current and future pain and suffering. 
When asked about the results of the case, SR stated “Mr. Lipcon exceeded my expectations.  Everybody told me that I was going to get screwed over by the insurance company.  Mr. Lipcon didn’t let that happen!”


Tuesday, February 3, 2015

$2.85 Million Dollar Settlement in Case of Bad Faith Claims Handling.

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

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.

Result: Settled before trial for $2.85 Million

Baby Collects for Coffee Burns

Case : R. R. (a minor) v. Hamburger Restaurant (NAMES PROTECTED)

Court : Miami-Dade County, Circuit Court, 11th Judicial Circuit

Plaintiff’s Attorney : Lipcon & Lipcon, P.A.; David W. Lipcon, Esq.

R.R., a minor, only nine (9) months old at the time of the incident, was with his mother, grandmother and older sister at a Hamburger Restaurant in Dade County, Florida. The plan was for the family to go to the restaurant, have some lunch, and take the baby Christmas shopping for his very first time. The four (4) of them had gone up to the register, and ordered breakfast/lunch. Included with the order was a large cup of coffee. After placing the order, the family sat at a table. They were told that a waiter would be by soon with the food. R.R., was sitting on his mother’s lap, with his sister to the left, and his grandmother directly across the table. After a brief wait, the waiter skated up to the family’s table, carrying a tray. The server was very anxious and fast in how he placed the food on the table. He seemed to have been in a big rush. Without thinking of the danger, he negligently placed the large cup of coffee, scolding hot, and filled to the top, in front of the baby, and his mother (although it was the grandmother who ordered the coffee). Immediately after placing it, he turned, and then knocked over the hot coffee, spilling it all over the baby’s chest, arms, and legs.

The spill caused immediate burns and pain to the baby. Thinking quickly, the mother immediately removed the baby’s clothing, dried up the hot coffee and called 911.  The baby was transported to the hospital for treatment.

R.R.’s mother, hired Lipcon & Lipcon, P.A., a Miami Law Firm that has been specializing in Personal Injury Litigation for decades. Mitchell J. Lipcon, Esq., now of counsel with the firm, has been practicing for over forty-eight (48) years. David W. Lipcon, Esq. has been practicing in this area of law for over twenty-two (22) years.

Almost a year after the incident, the case was finally settled for a confidential amount of money. The money is to be put in a structure/guardianship account which will grow significantly (and guaranteed a certain rate of return) until the baby turns eighteen (18). The settlement is protected by the court.

Result : Settled prior to the filing of a lawsuit.

Comments : David W. Lipcon stated, that while he cannot say the amount of the settlement, due to a confidentiality agreement, he is happy to report that the amount was so significant, that the baby will have a secure financial future which will include the ability to pay for college, grad school, housing, etc. The baby has made a very good recovery from the injuries and is expected to live a full and productive life, with little or no consequences from the incident.

Wrongful Death Settlement - Negligent Security

Wrongful Death Settlement - Negligent Security
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 Allegations : 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.

Wednesday, June 4, 2014

Victim of Sexual Attack at Resort Town Hotel - Case Settled

Miami, FL (PR Newswire) June 4, 2014 -
Staff Writer
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 omitted)
Facts and AllegationsPremises 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."




Monday, June 2, 2014

Attorney David W. Lipcon has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale-Hubbell


David W. Lipcon, a lawyer based in Miami, FL whose primary area of practice is Personal Injury, has earned the AV Preeminent® rating from Martindale-Hubbell®
Miami, FL (PR Newswire) June 2, 2014 - Martindale-Hubbell® has confirmed that attorney David W. Lipcon still maintains the AV Preeminent Rating, Martindale-Hubbell's highest possible rating for both ethical standards and legal ability, even after first achieving this rating in 04/2.
For more than 130 years, lawyers have relied on the Martindale-Hubbell AV Preeminent® rating while searching for their own expert attorneys. The Martindale-Hubbell® AV Preeminent® rating is the highest possible rating for an attorney for both ethical standards and legal ability. This rating represents the pinnacle of professional excellence. It is achieved only after an attorney has been reviewed and recommended by their peers - members of the bar and the judiciary.

Congratulations go to David W. Lipcon who has achieved the AV Preeminent® Rating from Martindale-Hubbell®.

David W. Lipcon commented on the recognition: "The Martindale-Hubbell AV Preeminent Rating is a credential highly valued and sought after in the legal world. It used to be a sort of secret among attorneys who used the rating as a first screen when they needed to hire a lawyer they did not personally know. Now, thanks to the Internet, the Rating is a great way for anyone – lawyers or lay people - to use to screen lawyers. I am thankful to my peers who nominated me for this distinction, and proud to have earned this, the highest possible Martindale-Hubbell rating."
 As a result of this honor, American Registry LLC, has added David W. Lipcon to The Registry™ of Business and Professional Excellence. For more information, search The Registry™ at http://www.americanregistry.com.

Contact Information:
David W. Lipcon
Phone: 305-670-6144Email Address: dlipcon@bellsouth.netWebsite: http://www.lipconlawfirm.com
Attorney David W. Lipcon has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale-Hubbell®

Friday, May 30, 2014

UPDATE! Mosh Pit Settlement

Florida Legal Business Review, Staff Writer
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).