18 Fla. L. Weekly Supp. 665a
Online Reference: FLWSUPP 1808ROTOCivil procedure — Discovery — Depositions — Where depositions of plaintiff’s treating physicians were taken by plaintiff’s counsel before defendants hired and were required to designate expert witnesses, it is appropriate for defendants to take depositions of physicians — Court orders advance payment for two hours of testimony at $500 per hour and provides that, if physician refuses to appear for that sum, plaintiff may elect to pay additional sums or risk exclusion of witness
JENNIFER C. ROTONDO and MIKE ROTONDO, as Wife and Husband, Plaintiffs, vs. SELETA HAYES HOWARD and PETER JOHN HOWARD, Defendants. Circuit Court, 1st Judicial Circuit in and for Walton County, Civil Division. Case No. 2010 CA 987. May 6, 2011. David W. Green, Judge.
ORDER DENYING MOTION FOR PROTECTIVE ORDER AND DETERMINING CONDITIONS FOR DEPOSITION
This cause came before the court for consideration of a Motion for Protective Order filed by the plaintiffs and a Motion far Determination of Reasonable Expert Fee filed by the defendants. Having considered the motions and the arguments of counsel, the court finds that:
A) The depositions of Dr. Michael Smith, a chiropractor, and Dr. Joel Franck, a neurosurgeon, both of whom treated plaintiff Jennifer Rotondo, were previously taken by plaintiffs’ counsel.
B) The deposition was noticed and taken before mediation and before the date when defendants had hired, or were required by the courts case management order to designate, their expert witnesses.
C) The plaintiff has continued to be treated by the physicians.
D) It is appropriate to allow the defendants to take their deposition of the plaintiffs’ expert now that defendants have employed their own expert and have done so within the time allowed by the court.
E) The conditions placed upon the defendants by Dr. Franck do not appear to be within the realm of normal and appropriate conditions imposed by other experts as preconditions for appearance at depositions. It is therefore
ORDERED AND ADJUDGED that:
1) The plaintiffs’ Motion for Protective Order is denied. The plaintiffs shall make their experts, Dr. Michael Smith and Dr. Joel Franck, available for the taking of deposition testimony by counsel for the defendants.
2) As a precondition for his appearance at the deposition, Dr. Joel Franck may require advance payment for two hours’ testimony at a rate of $500.00 per hour. If he refuses to appear on such condition, plaintiff may choose whether to tender additional sums to him or risk his exclusion as a witness. If Dr. Franck prefers his deposition not be taken at his office, the deposition may be taken at the office of the court reporter, as suggested and offered by plaintiff’s counsel.
