11 Fla. L. Weekly Supp. 342a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Treating physician is not entitled to expert witness fee for deposition testimony
DREW MEDICAL, INC., a/a/o Maria Gonzalez, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. CC 02-CL-001399. General Civil Division. February 10, 2004. Jon B. Morgan, Judge. Counsel: Amanda Gifford. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.
ORDER ON DEFENDANT’S MOTION TO COMPELDEPOSITION OF DR. THOMAS BROWN WITHOUT EXPERT WITNESS FEE
THIS CAUSE came before the Court on Defendant’s Motion to Compel Deposition of Dr. Thomas Brown without Expert Witness Fee, the court having considered the Motion together with argument of counsel and being otherwise fully advised in the premises finds as follows:
1. This action is a Personal Injury Protection lawsuit in which Plaintiff seeks damages for nonpayment of medical bills submitted by the Plaintiff to the Defendant.
2. Dr. Thomas Brown has been disclosed to Defendant as a treating doctor of Maria Gonzalez.
3. Defendant attempted to schedule a deposition of Dr. Brown as a treating physician and Dr. Brown demanded an expert witness fee for appearing at the deposition.
4. Florida courts are split as to whether a treating physician is entitled to receive an expert witness fee under such circumstances.
5. The Court is persuaded that Dr. Brown, as a treating physician, is a fact witness as opposed to a witness whose information and opinions have been acquired and developed in anticipation of litigation or for trial and is not entitled to an expert witness fee. It is, therefore
ORDERED and ADJUDGED that Defendant’s Motion to Compel Deposition of Dr. Thomas Brown Without Expert Witness Fee is GRANTED and Dr. Thomas Brown shall submit to a deposition in this case upon reasonable notice.
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