11 Fla. L. Weekly Supp. 1071c
Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where counsel undertook representation of medical provider pursuant to pure contingency fee agreement, market in jurisdiction requires contingency risk multiplier to obtain competent counsel in such cases, and provider’s chances of success at outset of case were more likely than not, multiplier of 1.25 is applicable — Costs, expert witness fee, and prejudgment interest awarded
DYNAMIC CARE, INC. as assignee of KASHIN HASHIM, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-14578. August 27, 2004. Wayne J. Shoemaker, Judge. Counsel: Dawn M. Ikerd, Orlando, for Plaintiff. Hanton Walters, Longwood.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on May 11, 2004, upon Plaintiff’s Motion to Tax Attorney’s Fees and Costs pursuant to Florida Statutes §627.428, and the Court having heard testimony and argument, having examined the Court file, and having received other evidence, the Court makes the following findings:
1. This case involved a PIP claim arising out of an automobile accident which occurred on April 27, 2002. The insured, Kashin Hashim, sustained injuries from the accident for which he sought chiropractic care with the Plaintiff. Mr. Hashim was insured by Defendant through a PIP policy which would pay 80% of Mr. Hashim’s medical expenses. The Plaintiff treated Mr. Hashim under an assignment of benefits. Plaintiff submitted medical bills to Defendant, which in turn, reduced the charges. The instant suit arose out of these reductions.
2. Following the filing of the instant suit, the Defendant agreed to pay the disputed benefits, along with interest. The Defendant further stipulated that Plaintiff was entitled to a reasonable attorney’s fee and taxable costs.
3. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), Standard Guaranty Insurance Company v. Quanstrom,555 So.2d 828 (Fla. 1990), and Bell v. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999).
4. Plaintiff’s counsel, Dawn M. Ikerd, Esquire, of Ikerd Personal Injury Group, P.A., reasonably expended 10 hours in representing the Plaintiff in this cause.
5. In determining the hourly rate for the Plaintiff’s attorney’s fees in this cause, the Court has considered the criteria set forth in the authority as set forth above including the skill requisite to perform legal services properly, the market rate for the hourly fees charged in the instant area by lawyers of reasonably comparable skill, experience, and reputation performing similar services, and the experience, reputation, diligence and ability of Plaintiff’s counsel and the skill, expertise, or efficiency of effort related in actually performing the services. Based upon the testimony before the court, including the testimony of the experts, and based upon this Court’s knowledge of other comparable attorneys in this locale, the Court finds that a reasonable hourly rate for Dawn Ikerd, Esquire in this case is $300.00.
6. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe,472 So.2d 1145 (Fla. 1985), Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla. 1990), and Bell v. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999), as they relate to the application of a contingency risk multiplier. The Court finds that Plaintiff’s counsel undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836 (Fla. 1990), that the market in this jurisdiction requires a contingency risk multiplier to obtain competent counsel in cases such as the case sub judice.
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 (x2.0-2.5)
____ approximately even (x1.5-2.0)
x more likely than not (x1.0-1.5)
Accordingly, a contingency risk multiple of 1.25 is applicable.
8. 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, Dawn M. Ikerd, Esquire before this Court is 10 hours x $300 x 1.25 (contingency risk multiplier), for a total of $3,750.00.
9. Plaintiff’s counsel, Dawn M. Ikerd, Esquire incurred reasonable costs in the amount of $325.00 during her representation of the Plaintiff in this case.
10. That prejudgment interest is due to Plaintiff’s counsel on the attorney’s fees and costs from June 4, 2003, until the entry of this final judgement pursuant to Quality Engineering, Inc. v. Highly South, Inc.,670 So.2d 929 (Fla. 1996); and Boulis v. Florida Department of Transportation,733 So.2d 959 (Fla. 1999).
11. The Court considered the testimony of Plaintiff’s expert fee witness, Kevin Weiss, Esquire and determines that he is entitled to be compensated for the time expended in preparing to testify and in testifying in this matter. Mr. Weiss reasonably expended 3.0 in this case, and a reasonable hourly rate for his services is $300. Accordingly, Plaintiff is entitled to an additional expert witness cost award in the total amount of $900.00. Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (Fla. 5th DCA 1999); Travieso v. Travieso, 747 So.2d 1184 (Fla. 1985); and Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995).
WHEREFORE, it is hereby ORDERED and ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. Plaintiff’s counsel, Dawn M. Ikerd, Esquire shall have and recover from the Defendant, NATIONWIDE MUTUAL INSURANCE COMPANY, a reasonable attorney’s fee in the amount of $3,750.00, costs in the amount of $325.00, and prejudgment interest on both the attorney’s fees and costs at a rate of six per annum from June 4, 2003 to the date of this order, in the amount of $301.44, for a total sum of $4,376.44, that shall bear interest at the rate of six per annum until payment in full of the judgment, for which let execution issue forthwith.
3. Plaintiff’s expert witness on attorney’s fees, Kevin Weiss, Esquire, shall have and recover from the Defendant, NATIONWIDE MUTUAL INSURANCE COMPANY, fees in the amount of $900.00 for expert time expended in this case, for which let execution issue forthwith.
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