10 Fla. L. Weekly Supp. 50a
Insurance — Personal injury protection — Attorney’s fees — Reasonable hourly rate and reasonable number of hours expended determined — Contingency risk multiplier of 2.0 is appropriate based on novel issue of medical necessity of x-ray/video fluoroscopy diagnostic test
HAZEL HAMILTON, Plaintiff, vs. NATION WIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 99-15285 CC, Division J. November 19, 2002. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Shannon Campbell, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO TAX ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Court on October 30, 2002, on Plaintiff’s Motion to Tax Attorney’s Fees and Costs. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, with his expert witness, Roberto Alayon, Esquire and Nationwide’s counsel, Daniel Ryan, appearing for Shannon Campbell, Esquire, with its expert witness, James Nicholas, Esquire. The court, after hearing from all witnesses and after review of the file and exhibits introduced, hereby finds as follows:
It is ORDERED and ADJUDGED that the court makes the following findings:
(1) A reasonable hourly rate for Plaintiff’s counsel in this matter is $225.00 per hour.
(2) 55.9 hours were reasonably expended by Plaintiff’s counsel in this matter.
(3) Computing 55.9 hours times $225.00 per hour results in a load star of $12,577.50.
(4) The issue at the beginning of this case was the denial of a motion x-ray/video fluoroscopy diagnostic test.
(5) The court finds that the issue presented, the medical necessity of this diagnostic test, is a novel issue.
(6) The court finds that Plaintiff’s counsel, Roberto Alayon, Esquire, to be well versed in the area of PIP law.
(7) The court finds that based upon the novel issue presented in this case, along with the testimony of Plaintiff’s expert witness and Plaintiff’s counsel, that a contingency risk multiplier of 2.0 to be appropriate in this matter .
ORDERED and ADJUDGED that the court finds that 55.9 hours was reasonably spent by Plaintiff’s counsel at a rate of $225.00 per hour, multiplied by the contingency risk multiplier of 2.0, thus totaling $25,155.00, for which sums let execution issue; It is further,
ORDERED and ADJUDGED that the Defendant shall pay pre-judgment interest from August 7, 2002, forward, to counsel for the Plaintiff, for which sums let execution issue. It is further
ORDERED and ADJUDGED that the Defendant shall pay to Plaintiff its expert witness’ attorney’s fees of 5 hours at the rate of $225.00 per hour, which the court finds to be reasonable, thus totaling $1,125.00, for which sums let execution issue.
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