11 Fla. L. Weekly Supp. 70c
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician
NEUROSCIENCE & SPINE ASSOCIATES, P.L., as assignee of Henry Savard, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Lee County. Case No. 03-SC-5377. November 10, 2003. John Dommerich, Judge. Counsel: Lorca Divale. Marc Crumpton.
ORDER GRANTING PLAINTIFF’S EMERGENCY PROTECTIVE ORDER
This cause coming to be heard upon the Plaintiff’s Emergency Motion for Protective Order and Memorandum of Law and Defendant’s Motion to Compel Deposition Without Payment of Expert Witness Fee and the court having considered the record, having heard argument of counsel, and otherwise being duly advised in the premise, it is
ORDERED AND ADJUDGED as follows:
1. The Plaintiff, Neuroscience & Spine Associates, P.L., as assignee of Henry Savard, filed a Personal Injury Protection (PIP) suit in Small Claims Court for damages in the amount less than $5,000.00 plus attorneys fees and costs.
2. The Defendant, Progressive Consumers Insurance Company, requested deposition dates of the treating neurologist, Joseph Kandel, M.D.
3. Plaintiff informed the Defendant of Dr. Kandel’s request for a $1,250.00 flat fee pursuant to Florida Rule of Civil Procedure 1.390(c), to which the Defendant responded by filing a Motion to Compel Deposition Without Payment of Expert Witness Fee.
4. Plaintiff filed an Emergency Motion for Protective Order and Memorandum of Law, wherein the Plaintiff indicated Dr. Kandel’s demand for payment of a $1,250.00 flat fee and that the deposition take place at his office.
5. After reviewing the parties brief’s and after considering the parties’ arguments, the Court finds that:
a) Dr. Kandel is entitled to an expert witness fee pursuant to Florida Rule of Civil Procedure 1.390;
b) Dr. Kandel’s deposition shall be taken at his office;
c) Dr. Kandel shall be paid an expert witness fee for his deposition testimony in the amount of $400.00 per hour, which is consistent with this Court’s previous awards.
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