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
Thursday, March 3, 2016
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
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.
FACTS AND ALLEGATIONS
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
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 Allegations: Premises Liability/Negligent Security (Filing Date 2013,Settlement 2014)
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 door...do 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."
Settlement Amount: Confidential (names of parties have bee omitted)
Facts and Allegations: Premises 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.
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®
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 http://www.americanregistry.com.
Contact Information:
David W. Lipcon
Phone: 305-670-6144Email Address: dlipcon@bellsouth.netWebsite: http://www.lipconlawfirm.com
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).
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
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 ).
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.
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. (www.LipconLawFirm.com)
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
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
Wednesday, April 18, 2012
Bed Bug Infestation! Hotel Settles With Family Attacked by Bed Bugs While Sleeping
Legal Business Review, Staff Writer
April 18, 2012
CASE: Keefe v. St. Augustine Hotel and Inn
Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon
Facts and Allegations: Bed Bug Attack. Mrs. Keefe and her family were guests at the St. Augistine Hotel and Inn, in St. Augustine Florida, on July 21, 2011. They were vacationing to celebrate a family engagement. Some time during the night, Mrs. Keefe was attacked by a swarm of bed bugs that were infesting the mattress and sheets that she was sleeping on. When she awoke, she was in extreme pain and discomfort. Her body was covered with bites, from head to toe. Her face was swollen and disfigured. She sought immediate medical attention.
When the issue was brought up to the hotel, they denied that there were bugs infesting the room. They did, however, offer to take ten percent (10%) off of her bill! They did not offer to pay her medical bills or even refund her, in full, for her stay.
The family hired the law firm of Lipcon & Lipcon, P.A. Although the firm is located in Miami, they specialize in Personal Injury Litigation throughout the state of Florida. Attorney David Lipcon reacted quickly by sending a team of investigators to the hotel. Negotiations with the hotels insurer began. After a few short weeks, the case was resolved. While the terms of the financial settlement remain confidential, the family reports that they were extremely satisfied with the compensation, which included amounts for pain and suffering as well as emotional distress. Further, as a condition of the settlement, the hotel agreed to completely sanitize the entire property and implement a protocol of monitoring and sanitizing the hotel in case of future infestations.
At first the insurance company was resistant to negotiate a settlement. However, Mr. Lipcon persisted. Based on his reputation of going to court and receiving favorable verdicts, the insurer, and the hotel, felt it was in their best interest to settle with the family.
Result: Settled Before Trial
April 18, 2012
CASE: Keefe v. St. Augustine Hotel and Inn
Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon
Facts and Allegations: Bed Bug Attack. Mrs. Keefe and her family were guests at the St. Augistine Hotel and Inn, in St. Augustine Florida, on July 21, 2011. They were vacationing to celebrate a family engagement. Some time during the night, Mrs. Keefe was attacked by a swarm of bed bugs that were infesting the mattress and sheets that she was sleeping on. When she awoke, she was in extreme pain and discomfort. Her body was covered with bites, from head to toe. Her face was swollen and disfigured. She sought immediate medical attention.
When the issue was brought up to the hotel, they denied that there were bugs infesting the room. They did, however, offer to take ten percent (10%) off of her bill! They did not offer to pay her medical bills or even refund her, in full, for her stay.
The family hired the law firm of Lipcon & Lipcon, P.A. Although the firm is located in Miami, they specialize in Personal Injury Litigation throughout the state of Florida. Attorney David Lipcon reacted quickly by sending a team of investigators to the hotel. Negotiations with the hotels insurer began. After a few short weeks, the case was resolved. While the terms of the financial settlement remain confidential, the family reports that they were extremely satisfied with the compensation, which included amounts for pain and suffering as well as emotional distress. Further, as a condition of the settlement, the hotel agreed to completely sanitize the entire property and implement a protocol of monitoring and sanitizing the hotel in case of future infestations.
At first the insurance company was resistant to negotiate a settlement. However, Mr. Lipcon persisted. Based on his reputation of going to court and receiving favorable verdicts, the insurer, and the hotel, felt it was in their best interest to settle with the family.
Result: Settled Before Trial
Playground Injury - Case Settled
Charter School Pays for Injury to Student
Florida Legal Business Review, Staff Writer
An independent legal reporting newspaper
Case: A.R., a Minor v. Homestead Charter School
Court: Miami Dade County Circuit Court, 11th Judicial Circuit
Plaintiff’s Attorneys: David W. Lipcon, of Lipcon & Lipcon, P.A.
Facts and Allegations: Injury on school playground. A.R. (name withheld to protect the identity of the minor) only 5 years old, was a student at Homestead Charter School. On October 4, 2010, after it had rained for hours, A.R.’s teacher brought the class outside to play on the school playground. Despite being cautioned by other teachers that the monkey bars were slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play on the monkey bars. When A.R. climbed to the top, because the bars were slippery, his hands slipped, causing him to fall to the ground. The fall caused him to fracture his forearm.
A.R.’s parents hired the Law Firm of Lipcon & Lipcon, P.A., a law firm in Miami, Florida that specializes in personal injury litigation. Lipcon’s investigation confirmed that other teachers at the school did not allow their children to play on the monkey bars because of the wet, dangerous condition.
The insurance company argued that the teacher was not negligent and that there was no liability for children playing on playground equipment. After months of negotiation, the lawyers at Lipcon & Lipcon were able to convince the insurance carrier, for the school, to pay the full amount of bodily injury coverage available.
Results: Settlement for full amount of insurance coverage available.
Comments: The school was unavailable for comment. David Lipcon stated that the family was very satisfied with the settlement and that proceeds were placed in a restricted Guardianship Account for the benefit of the child.
Florida Legal Business Review, Staff Writer
An independent legal reporting newspaper
Case: A.R., a Minor v. Homestead Charter School
Court: Miami Dade County Circuit Court, 11th Judicial Circuit
Plaintiff’s Attorneys: David W. Lipcon, of Lipcon & Lipcon, P.A.
Facts and Allegations: Injury on school playground. A.R. (name withheld to protect the identity of the minor) only 5 years old, was a student at Homestead Charter School. On October 4, 2010, after it had rained for hours, A.R.’s teacher brought the class outside to play on the school playground. Despite being cautioned by other teachers that the monkey bars were slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play on the monkey bars. When A.R. climbed to the top, because the bars were slippery, his hands slipped, causing him to fall to the ground. The fall caused him to fracture his forearm.
A.R.’s parents hired the Law Firm of Lipcon & Lipcon, P.A., a law firm in Miami, Florida that specializes in personal injury litigation. Lipcon’s investigation confirmed that other teachers at the school did not allow their children to play on the monkey bars because of the wet, dangerous condition.
The insurance company argued that the teacher was not negligent and that there was no liability for children playing on playground equipment. After months of negotiation, the lawyers at Lipcon & Lipcon were able to convince the insurance carrier, for the school, to pay the full amount of bodily injury coverage available.
Results: Settlement for full amount of insurance coverage available.
Comments: The school was unavailable for comment. David Lipcon stated that the family was very satisfied with the settlement and that proceeds were placed in a restricted Guardianship Account for the benefit of the child.
Wednesday, October 20, 2010
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
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.
Tuesday, July 20, 2010
"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.
Monday, May 3, 2010
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...
Tuesday, February 23, 2010
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
Monday, November 16, 2009
Lipcon & Lipcon, P.A., files its first claims against Maclaren, USA for defect in strollers.
Staff Writer
Lipcon & Lipcon, P.A., a boutique personal injury litigation law firm in Miami, FL, has announced that it has presented claims on behalf of two children who were severely injured from a defective hinge on certain models of Maclaren strollers.
Last week, Maclaren USA, the American subsidiary of the British manufacturer of umbrella strollers and other children’s products, voluntarily recalled about 1 million strollers because of fingertip lacerations and amputations. According to the Consumer Product Safety Commission, “The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding or opening the stroller.”
The strollers involved in the recall are the Maclaren single and double umbrella strollers listed below:
* Volo
* Triumph
* Quest Sport
* Quest Mod
* Techno XT
* TechnoXLR
* Twin Triumph
* Twin Techno
* Easy Traveller
All effected strollers were sold at mass merchandise retailers nationwide between 1999 and November 2009.
When asked about the claims, David W. Lipcon, a partner at the firm, stated, “...a manufacturer is responsible for acting reasonably - or exercising ‘due care’ - in designing, manufacturing and testing a product, to make sure that it is safe and ‘fit’ for a particular purpose. If the product is unsafe, to such an extent that results in injuries to the person using it, the manufacturer should be held responsible. In this case, Maclaren knew of the defect and chose not to warn of its dangers or take steps to correct the danger, until it was too late.”
Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of defective products. Lipcon & Lipcon, P.A., (800) 299-3918 or (305) 670-6144, www.LipconLawFirm.com
Friday, October 23, 2009
Policy limits paid to injured client of Miami law firm
Legal Business Review, Staff Writer
October 22, 2009
SETTLEMENT: $225,000
CASE: M.A. and R.A., her Husband vs. Richard K. and Geico Indemnity Company
Court: Miami-Dade County Circuit Court, 11th Judicial Circuit
Plaintiff Attorneys: Lipcon & Lipcon, P.A.
Facts and Allegations: Plaintiff, M.A. was injured when the car she was driving was crashed into by a driver of a vehicle who ran a red-light at the intersection of N.W. 3rd Ave and N.W. 2nd Street in Miami, FL. Plaintiff was taken by ambulance where she was treated for injuries to her neck, back and right knee. Plaintiff ultimately underwent surgery on her knee to repair a torn meniscus. Defendant was insured with Progressive Insurance Company for $100,000.00. Attorney Mitchell Lipcon was able to secure payment of the full amount of those limits after he argued there would be a claim for bad faith if Progressive did not immediately tender the money (Progressive had suggested that Plaintiff may have had a pre-existing condition to her knee which would have precluded recovery). Lipcon secured payment, in full, of Plaintiff’s stacking uninsured/underinsured motorist benefits when he successfully argued that the tortfeasor’s insurance limits were insufficient to fully compensate Plaintiff for her suffering.
RESULT: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits.
Comments: Lipcon stated that after 44 years of specializing in personal injury law he knew how to seek out a full recovery for his client, which included recovering for stacking underinsured motorist benefits, which plaintiffs were unaware they possessed. “You have to have the experience to know where to look and how to get the most for your client, otherwise you are practicing in the wrong area of law.”
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