10 Fla. L. Weekly Supp. 1039a
Insurance — Personal injury protection — Attorney’s fees — Amount — Hourly rate of $300 is reasonable — Contingency risk multiplier — Where expert testified that relevant market requires contingency fee multiplier to obtain competent counsel in PIP claims such as medical provider’s case, and provider’s chances of success was approximately even at outset of case, multiplier of 1.5 is appropriate — Costs and expert witness fee awarded
DEBRA BIRNBAUM, D.C., (Olivia Ybarra), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division. Case No. 2001CC019430 RE. October 14, 2003. Susan Lubitz, Judge. Counsel: Gary Russo, McAfee & Russo, West Palm Beach. Jeffrey C. Cosby, Williams, Leininger & Cosby, P.A., West Palm Beach.
ORDER AWARDING COSTS AND ATTORNEY’S FEES
THIS CAUSE came before the court on July 18, 2003 and again on September 9, 2003, on Plaintiff’s Motion For Attorney’s Fees And Costs. The court, having heard argument of counsel and expert testimony and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED as follows:
1. This case involved a claim by Debra Birnbaum, a chiropractor/solo practitioner for PIP benefits for medical services provided to her patient, Olivia Ybarra, the Defendant’s insured. After a three (3) day trial, Debra Birnbaum received a verdict in her favor and Final Judgment was entered on her behalf on April 8, 2003.
2. The Plaintiff’s attorney, Gary Russo, Esq., testified that he spent 272.95 hours of his professional time in the prosecution of the Plaintiff’s claim. Plaintiff’s expert witness, attorney William Bone, testified that the number of hours was a reasonable number of hours for this time period based on his review of the file.
3. The 272.95 hours expended by attorney Russo in this matter were reasonable and necessary in the prosecution of his client’s claim. This was further evidenced by the expert testimony presented, affidavits and documents filed in support.
4. The necessity of attorney Russo’s efforts were further evidenced by the fact that the Plaintiff was obligated to respond to multiple pleadings in this matter, attend depositions and try this matter to verdict. The matter was diligently defended by Progressive Express Insurance Company and their counsel.
5. Plaintiff’s expert witness testified that a reasonable hourly rate for the services of Attorney Gary Russo was $300.00 per hour. Plaintiff’s attorney is a Board Certified Civil Trial Attorney specializing in personal injury and insurance matters for the past eighteen (18) years.
6. Attorney Russo’s hourly rate of $300 is reasonable.
7. The Plaintiff’s expert witness testified that the relevant market requires a Contingency Fee Multiplier to obtain competent counsel in PIP claims such as the Plaintiff’s case. The Court finds the case to be appropriate for the use of a Multiplier and has followed the Rowe and Quanstrom guidelines. The Court finds that at the outset of the handling of the claim, the Plaintiff’s chances of success was approximately even.
8. The Court finds that 1.5 is appropriate pursuant to the multiplier criteria as set forth in Quanstrom, Rowe, and the criteria set forth pursuant to Florida law. Plaintiff’s attorney undertook representation of the Plaintiff on the basis that if the Plaintiff did not prevail, he would receive no fee.
9. A reasonable attorney fee for the Plaintiff’s attorney for this claim is therefore calculated as follows: 272.95 hours x 300.00 per hour, for a Lodstar of $81,885 x 1.5 (multiplier) = $122,827.50. The Court further finds that $6,559.89 is due and payable to the Plaintiff for costs associated with the prosecution of the Plaintiff’s claim based upon the Plaintiff’s affidavit of costs and the testimony provided in this case. Prejudgment interest is awarded in the amount $2160.42.
10. Additionally, the Court finds that attorney William Bone reasonably expended eight (8) hours as an expert witness and is entitled to be compensated at a rate of $350.00 per hour for a total of $2,800.00.
11. The Court further finds the Plaintiff’s appellate counsel is to be compensated $2,640.00.
It is therefore
ORDERED AND ADJUDGED as follows:
Debra Birnbaum’s attorney, Gary Russo, shall recover from the Defendant, Progressive Express Insurance Company, the sum of $122,827.50 as attorney’s fees, prejudgment interest of $2160.42, together with the sum of $6,559.89 for costs associated in this matter that shall bear interest at the legal rate, the sum of $2,800.00 for expert witness fees of attorney William Bone, and the sum of $2,640.00 to Plaintiff’s appellate counsel, Jane Kreusler-Walsh.
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