11 Fla. L. Weekly Supp. 827c
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Motion of treating physician of plaintiff/insured for expert witness fee for deposition testimony is denied without prejudice to renewal upon conclusion of physician’s deposition
MARGARET C. MOORE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 03-1675-CO-40. June 24, 2004. Henry J. Andringa, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. J. Stanford Morse.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER OF HER TREATING PHYSICIAN
THIS CAUSE, having come on before this Court on May 20, 2004, upon the Plaintiff’s Motion for Protective Order of Her Treating Physician, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, the court finds as follows:
FACTS
1. Plaintiff, Margaret C. Moore has sued the Defendant alleging that the Defendant has failed to pay William R. Greenberg, M.D. $830.62 in bills submitted to Defendant for payment under the terms and conditions of the applicable insurance policy and Florida Stat. § 627.736 et. seq.
2. William Greenberg, M.D. is one of the providers who rendered treatment to Margaret C. Moore, and his bills are the sole bills at issue in this case.
3. William R. Greenberg, M.D. seeks payment of $800.00 per hour as an “expert” to give testimony in this case regarding his treatment of Margaret C. Moore.
4. William R. Greenberg, M.D. possesses factual knowledge gained through his treatment of Margaret C. Moore.
5. William R. Greenberg, M.D. has not been retained as an expert witness and his involvement in, and knowledge of, the facts of this case was gained solely as the Plaintiff’s treating physician.
ORDERED AND ADJUDGED that Plaintiff’s Motion for Protective Order of Her Treating Physician is granted in part and denied in part, without prejudice as to Dr. Greenberg renewing his Motion To An Expert Witness Fee upon conclusion of the deposition. William R. Greenberg, M.D. shall appear for his deposition on May 24, 2004, without an expert witness fee. The deposition shall occur at Dr. Greenberg’s office with Dr. Greenberg providing appropriate facilities.
* * *
