10 Fla. L. Weekly Supp. 1060a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Physician is entitled to expert witness fee at rate of $400/hour for deposition testimony
RUGGIANO CHIROPRACTIC HEALTH CENTER, INC., as assignee of Marco Arce, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County, Small Claims Action. Case No. 02-1179-SP. October 29, 2003. Vince Murphy, Judge. Counsel: Lorca Divale, Morgan Colling & Gilbert, Fort Myers. Harris B. Katz.
ORDER
THIS MATTER was considered on the plaintiff’s motion to recognize Dr. Ruggiano as an expert for purposes of payment, in the event he is required to provide deposition testimony.
After reviewing the parties’ briefs and after considering the parties’ arguments, the Court adopts as its own the ruling made by Judge Lawrence D. Martin in Non-Operative Spine, Pain, and Neuromuscular Center, P.A., v. Allstate Insurance Co., 9 Fla. L. Weekly Supp. 880a(Fla. Collier County Ct. 2002), holding that the witness will be entitled to an expert witness fee if called to sit for a deposition at the defendant’s instance. Compensation at the rate of $400.00/hour would appear to be appropriate, subject to revision upon such proofs as counsel may provide at a cost hearing.
At the hearing, there were other issues discussed but not decided. The Court and counsel discussed the applicability of Rule 1.310(b)(6) Florida Rules Civil Procedure, the possible necessity for a subpoena under circumstances such as this case, and the location for the deposition. Those issues will be best addressed in the event they become matters of controversy. The Court will leave it to the parties to resolve any disputes amicably before the Court intervenes.
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