10 Fla. L. Weekly Supp. 52a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Hourly rate and cancellation fee set for deposition testimony of physician who conducted independent medical examination — Prepayment of one hour of fee ordered
HELENA CANFIELD, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 02 14148 CC. November 22, 2002. Gaston J. Fernandez, Judge. Counsel: Alexander Billias, Morgan, Colling and Gilbert, P.A., Orlando, for Plaintiff. Edgar Guzman, Adams, Blackwell and Diaco, Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO SET REASONABLE EXPERT WITNESS FEE
THIS CAUSE having come before the Court on October 28, 2002 on Plaintiff’s Motion to Set Reasonable Expert Witness Fee, (certificate date August 27, 2002), both parties appearing through counsel and having presented the following argument:
FACTS AND PROCEDURAL BACKGROUND
1. This personal injury protection litigation involves nonpayment of medical bills by Defendant pursuant to an independent medical examination conducted by Charles Finn, M.D.
2. Dr. Finn’s deposition is scheduled to take place on November 4, 2002 at 3:30 p.m. at Dr. Finn’s office, which is located at 5600 Central Avenue, St. Petersburg, Florida 33707.
3. Upon scheduling said deposition, Dr. Finn contacted Plaintiff’s counsel and requested prepayment in the amount of $750.00 for one (1) hour of his deposition testimony.
4. Plaintiff argued that Dr. Finn’s hourly rate of $750.00 is excessive. This Court has generally held that $400.00 per hour is a reasonable hourly rate for the expert deposition testimony of Medical Doctors and $500.00 per hour is a reasonable hourly rate for the expert deposition testimony of Board Certified Medical Doctors. Silva v. State Farm Mut. Auto. Ins. Co., 8 Fla. L. Weekly Supp. 650b (Fla. Hillsborough Cty. Ct. 2001).
5. In addition, Plaintiff argued that Dr. Finn is not entitled to be prepaid, as there is no section of Florida Statutes whereby a doctor is entitled to prepayment for giving deposition testimony. Accordingly, Plaintiff asserted that it would be more appropriate to bring payment to the deposition of Dr. Finn.
6. Similarly, Plaintiff argued that Dr. Finn should not be entitled to impose a deposition cancellation fee on Plaintiff, as said cost would not be taxable pursuant to the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and there is no section of Florida Statutes whereby a doctor is entitled to impose a deposition cancellation fee.
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
7. This Court finds that if Charles Finn, M.D. is board certified, he shall be compensated $500.00 per hour for his expert witness deposition testimony.
8. If Charles Finn, M.D. is not board certified, he shall be compensated $400.00 per hour for his expert witness deposition testimony.
9. Plaintiff’s counsel shall forward either $500.00 or $400.00 to Dr. Finn prior to the deposition. Dr. Finn should receive payment from Plaintiff at least forty-eight (48) hours prior to the date of his deposition, November 4, 2002.
10. If Plaintiff cancels the deposition of Dr. Finn within forty-eight (48) hours of November 4, 2002, Dr. Finn will be entitled to a deposition cancellation fee in the amount of $200.00.
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