Government Pays Statutory Maximum to Victim of Trip and Fall on Broken Sidewalk

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

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