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®

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).

Student Settles Claim for Car Accident Against Geico

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 Attorney: 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



Friday, July 26, 2013

State and Local Government Agencies Pay Statutory Maximum to Victim of Trip and Fall on Broken Sidewalk

Legal Business Review,
Staff Writer;  July, 2013

Case: E.C. v. City of Miami and the Florida Department of Transportation

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

Attorneys: Plaintiff's Attorney: Lipcon & Lipcon, P.A., David W. Lipcon (see his Avvo profile)

Facts and Allegations: Plaintiff, E.C., a 79 year old house-keeper from Honduras, was walking on a public sidewalk in the area of SW 1st Avenue and SW 9th Street, in Miami, Florida. She was injured, when she tripped and fell over a portion of the sidewalk that was uneven, and raised above the rest of the sidewalk. Apparently, roots from a large tree, owned and maintained by the City of Miami, had grown under sidewalk and lifted up the concrete slab.  As a result, E.C. tripped and fell, fracturing her right wrist, trying to break her fall.

E.C. hired the law firm of Lipcon & Lipcon, P.A., Personal Injury Lawyers in Miami. She stated that she had interviewed many law firms but was satisfied with Lipcon & Lipcon's reputation of success in claims against the city, county and State for other negligence claims.

David Lipcon was able to secure a settlement for E.C. for the full amount of money available pursuant to the Florida Waiver of Sovereign Immunity Act. He explained that the government entities have a cap on amounts they have to pay for injured claimants. The state rarely pays its policy limits prior to litigation.

Result: Settled before suit was filed, for full amount of benefits available.

David W. Lipcon has been a practicing litigation attorney in Miami-Dade County for over twenty years. He obtained his Bachelor of Science degree at the University of Florida in 1989, and, his Law degree at the University of Florida School of Law in 1992. He is admitted to the Florida Bar, the Colorado State Bar, the United States District Court for the Southern District of Florida, and, the Trial Bar of the United States District Court for the Southern District of Florida. He is a member in good standing of the Florida Justice Association (formerly, the Academy of Florida Trial Lawyers), Dade County Trial Lawyers Association, American Bar Association, Dade County Bar Association, and, served as Chairperson of The Florida Bar's Grievance Committee for the 11th Judicial Circuit. David is a founding partner of The Florida Foreclosure Defense Lawyers.
David Lipcon has been awarded an "AV" rating (the highest possible) for both ethics and legal skills by Martindale-Hubbell, one of the nation’s oldest and most respected attorney rating companies. This rating is based upon a peer review process involving Florida attorneys and judges.  He was awarded a "10.0 - Superb" and is among the highest rated lawyers from Avvo ).

Tuesday, January 29, 2013

Estate Of Mother, Killed By Drunk Driver, Settles Wrongful Death Claim Against Miccosukee Indian Tribe Members

Legal Business Review, Staff Writer
January, 2013

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.

Result:  Settled just weeks before trial for an undisclosed amount.

Thursday, April 19, 2012

Family Killed By Drunk Driver Receives $2.75 Million Over Policy Limits

Lipcon & Lipcon, P.A. (

Bad Faith Settlement

$2.85 million dollar settlement in case of Bad Faith claims handling.

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.

Result: Settled before trial for $2.85 Million