10 Fla. L. Weekly Supp. 565b
Insurance — Discovery — Depositions — Treating physician who will be questioned at deposition as fact witness, not expert, not entitled to expert witness fee
ST. GERMAIN CHIROPRACTIC, P.A., as assignee of Clara Sagarnaga, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-2576-19-Z. April 7, 2003. Ralph E. Eriksson, Judge. Counsel: Shawn J. O’Brien. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.
ORDER
THIS CAUSE having come before the Court on Defendant’s Motion to Compel Deposition of Dr. Keith Richard Without Expert Witness Fee and Plaintiff’s Motion for Protective Order, after hearing arguments by counsels and the Court being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
l. Both Motions are taken under advisement.
2. The issue before the Court is whether Dr. Richard was a treating doctor of Clara Sagarnaga.
3. Dr. Richard’s name appeared as physician on the HCFA forms submitted to Defendant for treatment of Clara Sagarnaga and on the medical notes accompanying those forms.
4. Being a treating doctor, Dr. Richard will be questioned at the deposition as a fact witness, and not an expert.
WHEREFORE, Defendant’s Motion to Compel Deposition of Dr. Keith Richard Without Expert Witness Fee is hereby GRANTED, and Plaintiff’s Motion for Protective Order is hereby DENIED.
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