Thursday, March 3, 2016

Hotel Guest Settles Slip and Fall Injury at Luxury Hotel

Mercy Adel v. Hotel Investing, LLC

Hotel Guest Settles Slip and Fall Injury at Luxury Hotel
Jurisdiction: Miami Dade County, Florida (Miami-Dade County Circuit Court)

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

"Mercy Adel" (whose name has been changed to protect her identity) was sharing a one bedroom suite with her sister at a luxurious hotel in Weston, Florida.  She was visiting in town, from New York, with her sister, for a family wedding.  The entry to her suite had a foyer with a marble tiled floor that extended to the adjacent kitchen area.  Beyond the foyer and the kitchen area was a carpeted living room.  On her second morning, a little before 9 o’clock AM, the sisters woke up and were getting dressed for a family brunch at the hotel.  Ms. Adel’s sister commented that the suite was uncomfortably warm and humid.  This prompted Ms. Adel to walk towards the thermostat to see if the A/C was working correctly.  As she was walking from the bedroom to the living room on the way to the foyer where the thermostat was located on the wall, she took a step onto the marble tile and slid "like she had stepped onto an ice rink."  The fall was fast and hard.  Ms. Adel landed forcefully on her left knee.

Unfortunately, the impact to her knee caused serious injury.  Ms. Adel never expected to be stepping onto a wet/slippery floor. It was clear that the A/C unit was not working correctly and left the hotel room humid, which caused water to condense on the marble tile. 

Injury: She sustained a severe comminuted displaced fracture of her left patella, requiring surgery. 

After the accident, the hotel made a brief apology and blamed Ms. Adel for "not being careful" while she was walking.  Ms. Adel knew at this point, she needed an attorney.  She hired David W. Lipcon of Lipcon & Lipcon, P.A.  Lipcon & Lipcon is a boutique personal injury law firm that has been litigating injury cases in South Florida for decades.
After filing a lawsuit, and beginning the investigation stage of litigation, Mr. Lipcon negotiated a settlement with the hotel for $320,000.00.  When asked about the case, Lipcon stated that at first the claim was met with much resistance.  However, after working with the adjuster, a fair settlement was achieved for both parties. 

Result: Settled before trial for $320,000.00

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 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

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