10 Fla. L. Weekly Supp. 269a
Insurance — Personal injury protection — Attorney’s fees — Prevailing medical provider — Contingency risk multiplier of 1.5 is appropriate where likelihood of success was even at outset of case — Expert witness fees and costs awarded
KLONEL CHIROPRACTIC AND REHABILITATION, as assignee of MICHAEL DAY, Plaintiff, vs. PROGRESSIVE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02 CC 1059 20 U. February 11, 2003. Donald L. Marblestone, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Sandra Kotur, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court on Wednesday, January 29, 2003, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. The underlying issues in this case involve nonpayment of medical bills by Defendant pursuant to an independent medical examination performed on the insured/assignor, Michael Day, by David Bennett, D.C.
2. Plaintiff’s attorney is entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause.
3. The attorney for the Plaintiff in this case is ALEXANDER BILLIAS.
4. The reasonable hours expended during the prosecution of the Plaintiff’s case by ALEXANDER BILLIAS, ESQUIRE, shall be 18.9 hours.
5. In light of the number of hours presented by evidence, a reasonable hourly rate for ALEXANDER BILLIAS, ESQUIRE, shall be $250.00 per hour.
6. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
ALEXANDER BILLIAS, ESQUIRE
$250.00 x 18.9 (hours) = $4,725.00
Lodestar Total: $4,725
7. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Rowe and Quanstrom, this Court finds that the application of a contingency risk multiplier x is/ is not appropriate for this case.
8. If a contingency risk multiplier is appropriate, the Court after considering all of the evidence presented, appropriate Florida statutes and relevant case law finds that the likelihood of success for the Plaintiff at the onset in this case was:
more likely even at the outset (1.0-1.5)
x approximately even at the outset (1.5-2.0)
unlikely at the outset (2.0-2.5).
Therefore, a multiplier in the range of 1.5 to 2.0 is reasonable. Based on the testimony and evidence presented, the Court finds that a multiplier of 1.5 should be applied.
9. The amount of reasonable attorney’s fees shall be calculated by the multiplication of the lodestar total from paragraph number 5 and the appropriate, if any, lodestar multiplier from paragraph number 7.
Lodestar Total $4, 725.00 (paragraph number 5)
Lodestar Multiplier x 1.5 (paragraph number 7)
Total: $7, 087.50
10. As to KEVIN WEISS, ESQUIRE, Plaintiff’s expert witness:
a. Plaintiff, Stand Up MRI of Orlando, x is/ is not entitled to recover the expert witness fee of attorney KEVIN WEISS based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 3.1 hours is a reasonable amount of hours; and
c. $275.00 per hour is a reasonable hourly rate.
11. The expert witness fees that Plaintiff is entitled to recover on behalf of its expert witness for testimony before the trial court is $852.50.
12. The Court has considered the cost affidavit submitted by the Plaintiff in this case. The Plaintiff’s attorney is entitled to reasonable costs in the amount of $158.50.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $7087.50 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $852.50 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable cost in the amount of $158.50, to be paid by the Defendant.
D. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within twenty (20) days of the date of entry of this Order.
E. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and cost.
F. Prejudgment interest shall accrue from 10/30/02 through the date of the entry of this Order in the amount of $120.00.
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