11 Fla. L. Weekly Supp. 461a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony, but deposition will take place at plaintiff’s medical facility — Documents — Physician is ordered to produce material and correspondence relative to examination and treatment rendered at any time to insured and agreements between physician and plaintiff that show physician is plaintiff’s corporate representative
FRANCISCO M. GOMEZ, M.D., P.A. (As assignee of Zoe Andrusyshyn), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-10154 SC. Division L. March 18, 2004. Artemeus E. McNeil, Judge. Counsel: Matthew D. Brumley. Gale Young, Gale L. Young, P.A., Tampa.
ORDER ON THE PLAINTIFF’S MOTION FOR PROTECTIVE ORDER MOTION FOR AN EXPERT WITNESS FEE
THIS CAUSE, having come before this court on February 23, 2004, on the Plaintiff’s Motion for Protective Order/Motion for Expert Witness Fee, and the parties having been represented by counsel, and the court, being fully advised in the premises
IT IS HEREBY ORDERED AND ADJUDGED that:
1. The Plaintiff’s Motion for an Expert Witness Fee is hereby DENIED as the Plaintiff is being deposed as a fact witness in this case. The court relies on the reasoning found in Orthopaedic Care Specialists, P.L. (Richard Williams) v. Progressive Express Ins. Co., 11 Fla. L. Weekly Supp. 52a, (County Court for the 15th Judicial Circuit, September 30, 2003) in support of this decision.
2. The Plaintiff’s Motion for Protective Order regarding the location of the deposition is hereby GRANTED. Based upon the Plaintiff’s attorney’s statement that the Plaintiff’s medical facility contains an adequate room for said deposition, the court orders that the deposition of Dr. Gomez shall take place at the Plaintiff’s medical facility.
3. The Plaintiff’s Motion for Protective Order regarding the documents that Dr. Gomez shall produce at his deposition is hereby granted or denied as follows:
(A) The Plaintiff’s Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 3 of the Defendant’s Notice of Taking Deposition Duces Tecum is hereby DENIED. The Plaintiff shall produce “Any and all other material whatsoever relative to examination and treatment/services rendered at any time to Zoe Andrusyshyn.”
(B) The Plaintiff has withdrawn its Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 6 of the Defendant’s Notice of Taking Deposition Duces Tecum.
(C) The Plaintiff’s Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number’s of the Defendant’s Notice of Taking Deposition Duces Tecum is hereby DENIED. The Plaintiff shall produce “All correspondence from any source relating to the treatment or services rendered to Zoe Andrusyshyn”.
(D) The Plaintiff’s Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 8 of the Defendant’s Notice of Taking Deposition Duces Tecum is hereby DENIED. The Plaintiff shall produce “Copies of any agreements between you and Plaintiff” which reflect that Dr. Francisco Gomez is the corporate representative of the Plaintiff.
(E) The Plaintiff’s Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 9 of the Defendant’s Notice of Taking Deposition Duces Tecum is hereby GRANTED.
(F) The Plaintiff’s Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 13 of the Defendant’s Notice of Taking Deposition Duces Tecum is hereby GRANTED.
(G) The Plaintiff has withdrawn its Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 16 of the Defendant’s Notice of Taking Deposition Duces Tecum pursuant to the court’s previous ruling.
(H) The Plaintiff has withdrawn its Motion for Protective Order regarding the documents sought in response to Exhibit “A”, Number 12, 13, 14 and 15 of the Defendant’s Notice of Taking Deposition Duces Tecum.
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