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.