Miami-Dade County Pays Statutory Maximum to Injured Pedestrian

Florida Legal Business Review, Staff Writer
An independent legal reporting newspaper

CASE: T.E. and R.E., his Wife, vs. Miami-Dade County, a Political Subdivision of the State of Florida and Geico Indemnity Company

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

Plaintiff Attorneys: Lipcon & Lipcon, P.A.

Facts and Allegations: Pedestrian Knockdown. T.E., a man in his early 70's, retired, was crossing an intersection in the crosswalk, when he was struck my a Metro-Bus making a right turn. He was transported, by fire rescue, to Jackson Memorial Hospital Trauma Center with injuries to his left knee. He came under the care of Dr. James Mayoza, an orthopedic surgeon. MRI to his knee revealed a lateral meniscus tear which led to a total knee replacement. Defendant County claimed the knee injury and surgeries were not related to the accident, based upon pre-existing osteoarthritis (aging). The claims were denied by the County.

T.E. hired Lipcon & Lipcon, P.A., a Miami law firm that specializes in personal injury litigation, after two other firms declined to represent him. Lipcon & Lipcon promptly filed a lawsuit against Miami-Dade County, in addition to demanding payment, in full, of T.E.'s uninsured/underinsured insurance limits from his automobile policy. After almost a year of litigation which included numerous depositions of witnesses and medical experts, the County and T.E.'s insurance carrier both tendered the full amount of their policy limits (just days before trial).

RESULT: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits.

Comments: David Lipcon stated that this isn't the first time he has represented a client that was declined representation from other lawyers who do not have adequate experience analyzing personal injury claims. After meeting with investigators and reviewing the medical reports, he felt confident he would achieve a good result for T.E. and his family.

"Mosh Pit" Lawsuit Filed Against Concert Promoter

Florida Legal Business Review, Staff Writer
July 20, 2010

“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 last week 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 will be heard in front of Judge Victoria S. Sigler, in the Circuit Court of Miami-Dade County.

How Has Litigation Spurred Auto Safety Innovations?

Click the link below to read the American Association for Justice's article detailing how litigation and the civil justice system have spurred safety innovations in the auto industry. By holding auto-manufacturers accountable, the civil justice system will continue to compel large corporations to consider the safety of people ahead of profits.

Download AAJ's report, "Driven to Safety: How Litigation Spurred Auto Safety Innovations"

Some would say that automobile safety is the sole responsibility of federal regulators. Others say that not even regulators should address safety, and instead it should be left to the free market to protect consumers.

Read the article and tell us what you think...

Miami Law Firm Files to Collect Half Million Dollar Judgement

Legal Business Review, Staff Writer
February 23, 2010Miami attorney David W. Lipcon, of Lipcon & Lipcon, PA, last week filed a Garnishment action against the Burlington Insurance Company to collect insurance proceeds on a half-million dollar judgment he won against a condominium association.

Lipcon's client was the owner of a condominium unit at Biscayne Park Terrace Apartments. The association was in control of the common areas of the complex and had the responsibility of providing security to the owners and their guests. On May 6, 2007, Lipcon's client was attacked and beaten, unprovoked, by a guest of a renter of one of the units. He sustained serious injuries, including a fractured orbit and severe facial lacerations.

Burlington refused to provide insurance coverage for the incident claiming its policy excludes assaults and batteries.

Lipcon filed his lawsuit and won a $500,000.00 judgment against the Association. The Garnishment action seeks payment of the insurance proceeds to satisfy the judgment.

The case will be heard in front of Judge Peter Adrien, in the Circuit Court of Miami-Dade County.

Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of negligent security and premises liability. Lipcon & Lipcon, P.A., (866) 824-4080 or (305) 670-6144, www.LipconLawFirm.com