10 Fla. L. Weekly Supp. 417b
Civil procedure — Discovery — Depositions — Expert witness fees — Treating physician is entitled to expert witness fee for deposition testimony
CHERYL TYLER AND CURTIS TYLER, Plaintiffs, vs. GENERA A. ACOSTA and GEICO GENERAL INSURANCE COMPANY, Defendants. Circuit Court, 17th Judicial Circuit in and for Broward County, General Jurisdiction Division. Case No. 03-000140 CACE (09). April 29, 2003. Robert L. Andrews, Judge. Counsel: Cris Evan Boyar, for Plaintiff. Alan Kaback and Robin Levine, for Defendants.
ORDER GRANTING PLAINTIFF’S MOTIONFOR EXPERT WITNESS FEES
THIS CAUSE was considered by the Court on Plaintiff’s Motion for Expert Witness Fees and the Court after hearing argument of counsel and being otherwise advised in the premises, it is ORDERED AND ADJUDGED as follows:
1. The Plaintiff filed suit for alleged injuries resulting from a car accident. The Plaintiff received medical care and treatment from neurosurgeon, Dr. Eddie Sassoon M.D.
2. Dr. Sassoon, who is owed a balance from the patient, is considered an expert witness according to Florida Statute §1.390(a) because he is the treating medical physician. Simply because he has information concerning his care, treatment and billing and is owed a balance does not alter the fact that he is considered an expert witness under Florida Statute § 1.390(a). Accordingly, pursuant to Florida Statute §1.390(c) and public policy he is entitled to an expert witness fee for his time if he is deposed. A reasonable fee for Dr. Sassoon is $600 per hour and shall be paid by the Defendant before he is deposed.
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