11 Fla. L. Weekly Supp. 456a
Insurance — Personal injury protection — Attorney’s fees — Amount — Pursuant to stipulation, medical provider’s counsel is awarded attorney’s fees for 23 hours of work at hourly rate of $237.50 — Contingency risk multiplier — Contrary to argument that local market does not require multiplier to obtain competent counsel, court finds that plaintiffs have no choice but to obtain counsel with contingency multiplier because all plaintiff’s attorneys have such an arrangement, and good plaintiff’s attorneys could not have become competent and stayed in field without potential of multiplier — Where likelihood of success in case involving uninsured passenger injured in vehicle driven by uninsured driver was unlikely, counsel was precluded from taking other cases by fact that lawyers cannot work on two cases at same time, counsel obtained 94% of outstanding medical bills, and case was difficult due to language barrier with claimant, multiplier of 2.0 is applied — Costs, prejudgment interest, and expert witness fees awarded
ERICK A. GRANA, M.D., P.A., (As Assignee of Arecelia Ramirez-Cruz), Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-6091-SC. Division I. March 10, 2004. Charlotte Anderson, Judge. Counsel: Catherine M. Aebel. Timothy A. Patrick, Tampa.
FINAL JUDGMENT ON ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Court on February 12, 2004 on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court, having heard the argument of the Parties, including the Plaintiff’s counsel, Timothy A. Patrick; the Plaintiff’s expert, Bradley D. Souders, Esquire; and the Defendant’s expert, Randy Stowell, Esquire, and having considered the evidence presented and being duly informed in the premises, it is thereupon,
ORDERED AND ADJUDGED as follows:
1. At issue were the number of hours reasonably expended by the Plaintiff’s counsel, the reasonable hourly rate, whether the Plaintiff was entitled to the award of a contingency risk multiplier, and if so, the amount thereof.
2. Pursuant to Sections 627.736(5) and 627.428, Florida Statutes, the Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
3. The Court based this decision on the factors contained in Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990); Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); and Bell v. U.S.B. Acquisition Co., Inc., 734 So. 2d 403 (Fla. 1999).
4. Regarding the hourly rate and reasonable number of hours expended, the Parties stipulated, and the Court therefore finds, that the Plaintiff’s counsel, Timothy A. Patrick, reasonably expended 23 hours in this case and should be compensated at the hourly rate of $237.50.
5. Regarding the application of a contingency risk multiplier, the Court follows Quanstrom, Rowe, and its progeny, which state that: if the success was more likely than not at the outset, the multiplier range is 1.0 to 1.5; if the likelihood of success was approximately even at the outset, the multiplier range is 1.5 to 2.0; and if success was unlikely at the outset of the case the multiplier range is 2.0 to 2.5.
6. The Court therefore finds that the Plaintiff’s likelihood of success from the outset was unlikely and, pursuant to Quanstrom, Rowe, and its progeny, applies a multiplier of 2.0.
7. In support of this application, the Court makes the following findings:
a. The Defendant argued that the local market does not require a contingency risk multiplier in order to obtain competent counsel. The Court finds that the Plaintiffs have no choice but to obtain counsel with a contingency multiplier because all Plaintiff’s attorneys have such an agreement. Further, the really good Plaintiff’s attorneys could not have become competent and stay in the field but for the potential of a multiplier.
b. The Defendant argues that the Plaintiff, Erick A. Grana, M.D., P.A., did not seek other counsel. The Court is not quite certain as to the purpose of this argument; therefore, gives no weight to the same. This Court assumes that Dr. Grana was satisfied with his previous counsel, Timothy A. Patrick, and thus had no reason to seek out other counsel.
c. The Court finds that the risk, or likelihood of success, must be assessed from the perspective of the Plaintiff’s counsel from the outset of the case. This particular case involved circumstances wherein the driver of the vehicle was not the insured and was not injured. The assignor, Arecelia Ramirez-Cruz was also not the insured and a passenger in said vehicle. Ms. Ramirez-Cruz incurred medical bills as a result of said accident with the Plaintiff, and said bills were not paid as coverage was still being investigated by the Defendant. The Court believes the Plaintiff’s counsel had knowledge of and assessed these facts when he first accepted the case.
d. Regarding the fact of being precluded from taking other cases, the Court acknowledges that lawyers cannot work on two (2) cases at the same time, and finds that this case meets the requirement of having been precluded from taking other cases.
e. The Court finds that the Plaintiff’s counsel introduced into evidence a contingency fee contract.
f. Regarding results obtained, the Court finds that the Plaintiff’s counsel obtained 94% of his client’s outstanding medical bills, which is certainly a good result.
g. Regarding novelty and difficulty, which are difficult and ephemeral concepts, the Court finds that the Plaintiff’s counsel, from the outset of the case, was attempting to obtain coverage despite a language barrier with the claimant. Therefore, said requirement was met.
8. Multiplying the total of 23 hours by the hourly rate of $237.50 results in a lodestar figure of $5,462.50. This lodestar figure enhanced by a multiplier of 2.0 results in an award of $10,925.00.
9. The Parties stipulated to reasonable taxable costs in the amount of $144.00.
10. Pre-judgment interest is awarded from the date of entitlement of July 30, 2003 at the rate of 7%.
11. The Plaintiff’s expert witness, Bradley D. Souders, Esquire, is awarded expert fees for 2 hours at the rate of $275.00/hour for a total award of $550.00.
ACCORDINGLY, Final Judgment is hereby entered against the Defendant, U.S. Security Insurance Company, as follows:
Attorney’s Fees $10,925.00;
Costs $144.00;
Prejudgment Interest $198.33;
Expert Witness Fees $550.00
For a Total Sum of $11,817.33.
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