10 Fla. L. Weekly Supp. 644b
Insurance — Discovery — Depositions — Expert witness fee — Medical provider’s witness is not expert witness entitled to fee for deposition testimony to be restricted to facts, not expert opinions
CARE THERAPY & DIAGNOSTICS, INC., (As Assignee of Emanuel Hernandez), Plaintiff, v. BRISTOL WEST INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-13616 SC. Division I. June 5, 2003. Charlotte W. Anderson, Judge. Counsel: Kevin Fitzsimmons. Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER & MOTION FOR EXPERT WITNESS FEE
THIS CAUSE having come before the Court upon the Plaintiff’s Motion on April 10, 2003, and the Court having heard the argument of counsel and been otherwise fully advised on the premise and the law, the Court makes the following findings and adjudications:
1. For the specific purposes of the Defendant’s deposition duces tecum, the Plaintiff’s Witness is not an expert witness as defined pursuant to 1.390; accordingly, it is
2. ORDERED and ADJUDGED that the Plaintiff’s motion for Expert Witness Fee is DENIED; it is further
3. ORDERED and ADJUDGED the Plaintiff’s Motion for Protective Order is hereby GRANTED insofar as the deposition of the Plaintiff’s Witness shall be taken after hours and at the office of the witness at a mutually scheduled day between all parties and that the subject matter of the Witness’s deposition shall be restricted to that of facts and not expert opinions.
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