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, 11^th 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 1^st Avenue and SW 9^th 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 ).