10 Fla. L. Weekly Supp. 553a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Treating physician is entitled to expert witness fee for deposition testimony about care and treatment of insured
LAUDERDALE ORTHOPAEDIC SURGEONS, LLP, as assignee for Lindy Barr, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-019761 COCE (52). May 27, 2003. Jay S. Spechler, Judge. Counsel: Cris Evan Boyar, for Plaintiff. Matt Hellman, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR EXPERT WITNESS FEES
THIS CAUSE was considered by the Court on Plaintiff’s Motions For Expert Witness Fees and the Court having heard argument of Counsel and being otherwise advised in the Premises, the Court finds as follows:
1. The Plaintiff received an assignment of benefits from its patient and filed suit for personal injury protection benefits against the Defendant.
2. The Defendant has scheduled the deposition of the patient’s treating physician who is a Board Certified Orthopaedic Surgeon.
3. The Defendant stated that it intended to question the provider as to the provider’s care and treatment of this patient assignor.
4. The Plaintiff is seeking an expert witness fee for the provider pursuant to Rule 1.390(c) of the Florida Rules of Civil Procedure.
5. The Court finds the provider is entitled to an expert witness fee under Rule 1.390(a) and the provider is entitled to an expert witness fee in the amount of $350.00 per hour to be paid before the deposition begins.
6. The Court is relying on Rule 1.390 of the Florida Rules of Civil Procedure.
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