11 Fla. L. Weekly Supp. 458a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician must sit for deposition without payment of expert witness fee
DOUGLAS PRICE, D.C., P.A. d/b/a FLORIDA PAIN TRAUMA & INJURY CENTER, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-14964-SC/Division L. March 23, 2004. Artemeus E. McNeil, Judge. Counsel: Michele Muir. Gale Young, Gale L. Young, P.A., Tampa.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER/MOTION FOR EXPERT WITNESS FEE
THIS CAUSE came on to be heard before this Court on March 17, 2004 upon Plaintiff’s Motion For Protective Order/Motion For Expert Witness Fee, and the Court having heard argument of counsel, with counsel for Plaintiff having appeared telephonically for the hearing, and the Court being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. That Plaintiff’s Motion For Expert Witness Fee is DENIED. The Court adopts the reasonings set forth in Orthopaedic Care Specialists, P.L. vs. Progressive Express Insurance Company, 11 FL Law Weekly Supp. 52A (Palm Beach Cty. Ct. September 30, 2003). Douglas Price, D.C., as the treating physician in this case, did not acquire his knowledge for the purpose of litigation, but rather simply in the course of attempting to make Mr. Similien well. “Expert” opinions are those acquired and developed in anticipation of litigation for trial. Dr. Price is not such a witness, and shall sit for a deposition in this matter in Hillsborough County, Florida without the payment of an expert witness fee; and
2. Plaintiff’s Motion For Protective Order is also DENIED. Dr. Price and his billing representative shall sit for their depositions within 30 days of the date of this hearing.
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