11 Fla. L. Weekly Supp. 341a
Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier
AUGUSTINE V. JOSEPH, M.D., P.A. As assignee of ANGELA THOMAS, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a corporation authorized and doing business in the State of Florida, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-6325. September 3, 2003. C. Jeffery Arnold, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland; and Roy J. Smith, Maitland, for Plaintiff. George Milev, Adams, Blackwell & Diaco, P.A., Orlando, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs of Kevin B. Weiss and Roy J. Smith, IV, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:
1. That Plaintiff’s counsel, Kevin B. Weiss, Esquire, reasonably expended 9.5 hours in representing the Plaintiff in this cause.
2. That Plaintiff’s counsel, Roy J. Smith, IV, Esquire, reasonably expended 13.8 hours representing the Plaintiff in this cause.
3. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $300.00 per hour.
4. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Roy J. Smith, IV, is $250.00 per hour.
5. That the Court finds that Plaintiff’s counsels undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836.
6. That the Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 as well as Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 818.
7. That taking into consideration the evidence, as well as the above law, the Court finds that the Plaintiff’s chances of success at the outset or onset of this case were:
less than even (x 2.0-2.5)
ş approximately even (x 1.5-2.0)
more likely than not (x 1.0-1.5)
This multiplier is awarded based upon the following findings of fact:
a. contingent fee contract,
b. defense doctor very good and was board certified orthopedist,
c. defendant aggressively defends cases,
d. defendant hires excellent attorneys to defend claims,
e. chances for success at outset approximately “even”,
f. IME cut-off is tough case with comprehensive 4 page report.
Accordingly, a contingency risk multiplier of 1.5 is appropriate and applicable.
8. That based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney, Kevin B. Weiss, before this Court is $4,275.00.
9. That based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney, Roy J. Smith, IV, before this Court is $5,175.00.
10. That Plaintiff’s counsels, Kevin B. Weiss and Roy J. Smith, IV, incurred reasonable costs in the amount of $170.00 during their representation of the Plaintiff in this case. In addition Glen Klausman is entitled to be paid a reasonable expert witness fee of (3.3 HRS x 300) $990.00.
11. That prejudgment interest at 6% per annum is due to Plaintiff’s counsels on the attorney fee and costs from 3-11-03 until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929. Thus, the total amount of prejudgment interest due is $273.40.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsels, Kevin B. Weiss and Roy J. Smith, IV, does have and recovers from the Defendant, Progressive Express Insurance Company, a reasonable attorney’s fee in the amount of $9,450.00 and costs in the amount of $1,160.00 for a total sum of $10,610.00, together with prejudgment interest in the amount of $273.40 for which let execution issue forthwith.
3. This Judgment shall bear interest at the rate of 6% per annum, until paid in full.
* * *
