10 Fla. L. Weekly Supp. 828b
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician bringing suit against PIP insurer is not entitled to expert witness fee for deposition testimony — Question certified
FIRST CARE CHIROPRACTIC CENTER, As assignee of Montilia Alexis, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-02-143. Division 71 PIP. August 19, 2003. Jerry Brewer, Judge. Counsel: Mitzi L. Archer. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.
ORDER ON PLAINTIFF’S MOTION FOR ENTITLEMENT TO EXPERT FEES
THIS CAUSE having come before this Honorable Court on June 23, 2003, after hearing argument of counsel and being otherwise advised, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion For Entitlement to Expert Fees for the deposition of Dr. Rotundo is DENIED.
2. The Court hereby certifies the following question based upon great public importance to the 5th DCA: Whether a treating physician who brings an action against a PIP carrier to collect his bill is entitled to an expert witness fee when the doctor gives a deposition as a litigant and as an expert witness?
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