11 Fla. L. Weekly Supp. 635b
Torts — Personal injury — Automobile accident — Action against municipal corporation — Discovery — Depositions — Expert witness fee — Plaintiff’s treating physician is entitled to expert witness fee for deposition testimony regarding care, treatment, coding, and billing even though physician has accepted assignment of personal injury protection benefits and letter of protection from plaintiff
MARIA DEL SALTO, Plaintiff, v. THE CITY OF SUNRISE, Defendants. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 03-020352 CACE (04). April 5, 2004. Robert B. Carney, Judge. Counsel: Cris Boyar, for Plaintiff. Scott D. Alexander, for Defendant.
ORDER ON PLAINTIFF’S MOTIONTO COMPEL AN EXPERT WITNESS FEE
THIS CAUSE having come before the Court and the Court having reviewed the pleadings and being otherwise duly advised in the premises, it is hereby:
ORDERED and ADJUDGED that:
1. The Plaintiff filed a lawsuit as a result of alleged personal injuries from an automobile accident.
2. The Plaintiff received medical treatment from Dr. Gary Gieseke, a neurological surgeon for over 30 years.
3. Dr. Gieseke has accepted an assignment of insurance personal injury protection benefits and a letter of protection from the Plaintiff.
4. The Defendant seeks to depose Dr. Gieseke with regard to his care, treatment, coding, and billing.
5. The Plaintiffseeks an expert witness fee for Dr. Gieseke and for the Court to enter an order compelling the deposition to take place in Dr. Gieseke’s office.
6. The Court finds Dr. Gieseke is entitled to a reasonable expert fee even though he has accepted an assignment of insurance benefits and a letter of protection as he is being questioned concerning his care, treatment, billing and coding which requires an expert witness fee pursuant to Rule 1.390 of the Florida Rules of Civil Procedure.
7.The Court finds $800 per hour is reasonable and that the deposition take place in the doctor’s office.
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