11 Fla. L. Weekly Supp. 483b
Insurance — Personal injury protection — Attorney’s fees — Amount — Fees are awarded for 61.5 hours at an hourly rate of $325 — Contingency risk multiplier — Where medical provider’s counsel undertook representation pursuant to pure contingency fee agreement, market in jurisdiction requires multiplier to obtain competent counsel in like cases, and provider’s chances of success at outset were more likely than not, multiplier of 1.25 is appropriate — Costs, prejudgment interest, and expert witness fee awarded
ROM DIAGNOSTICS, INC., as assignee of Marie LaPointe, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-2974-20-U. March 2, 2004. Donald L. Marblestone, Judge. Counsel: Rutledge M. Bradford, Orlando. George Milev, Adams, Blackwell & Diaco, P.A., Orlando.
FINAL JUDGMENT AWARDING ATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on Wednesday, February 18, 2004, upon the Plaintiff’s Motion to Tax Attorneys’ Fees and Costs Pursuant to Section 627.428, Florida Statutes, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings:
1. This case involved a claim for PIP benefits arising out of an automobile accident. The insured, Marie LaPointe, was alleged to have sustained injuries arising out of the accident, and sought treatment from the Plaintiff, ROM DIAGNOSTICS, INC. The insured assigned her PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill in full. Thereafter, Plaintiff filed this suit alleging that the Defendant improperly reduced its medical billings, seeking to recover the amounts due, together with interest. Following the filing of suit and substantial discovery, the Defendant agreed to pay the benefits due, together with interest. The Defendant stipulated that the Plaintiff is entitled to the award of its reasonable attorneys’ fees and costs.
2. The Court has based its decision on and applied 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 Company, Inc., 734 So.2d 403 (Fla. 1999).
3. NUMBER OF HOURS: The court finds that the Plaintiff’s counsel, Rutledge M. Bradford, Esquire, reasonably expended 61.5 hours in representing the Plaintiff in this cause.
4. HOURLY RATE: The Court finds a reasonable hourly rate for Rutledge M. Bradford, Esquire in this case is $325.00.
5. CONTINGENCY RISK FACTOR: The Court has considered all of the factors and criteria set forth 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 Company, Inc., 734 So.2d 403 (Fla. 1999), and evidence adduced thereon, as they relate to the application of a contingency risk multiplier to the Plaintiff’s attorneys’ fees in this case. The Court specifically finds that:
a. Plaintiff’s counsel undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836 (Fla. 1990).
b. the market in this jurisdiction requires a contingency risk multiplier to obtain competent counsel in cases like the instant case;
c. taking into consideration the evidence, as well as the above law, the Court finds that the Plaintiff’s chances of success at the outset or onset of this case were:
X more likely than not (x 1.0-1.5)
approximately even (x 1.5-2.0)
unlikely (x 2.0-2.5)
Accordingly, a contingency risk multiplier of 1.25 is appropriate and applicable.
6. That based upon this Court’s determination, the total attorneys’ fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney, Rutledge M. Bradford, before this Court is 61.5 hours x $325 (hourly rate) x 1.25 (contingency risk multiplier) for a total of $24,984.37.
7. The Court finds that the Plaintiff’s counsel, Rutledge M. Bradford, incurred reasonable costs in the amount of $1328.85during her representation of the Plaintiff in this case.
8. That prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from April 23, 2003, (the date of settlement of the underlying claim), until the entry of this final judgment. Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla. 1996); and Boulis v. Florida Department of Transportation, 733 So.2d 959 (Fla. 1999).
9. Plaintiff’s expert witness on attorneys’ fees, Don Myers, Jr., Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Myers reasonably expended 6 hours in this case, and a reasonable hourly rate for him is $350. per hour, for a total expert fee of $2,100. See Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995); and, Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (Fla. 5th DCA 1999).
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorneys’ Fees and Costs of Rutledge M. Bradford, Esquire is hereby GRANTED.
2. That Plaintiff’s counsel, Rutledge M. Bradford, Esquire shall have and recover from the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, a reasonable attorneys’ fee in the amount of $24,984.37, costs in the amount of $1,328.85 and prejudgment interest on both the attorneys’ fee and costs at the rate of Six Percent (6%) per annum from April 23, 2003 through December 31, 2003 and at Seven Percent (7%) per annum from January 1, 2004 through February 18, 2004, in the amount of $1,341.61, for the total sum of $27,654.83, that shall bear interest at the rate of Seven Percent (7%) per annum effective until payment in full of the judgment, for which let execution issue forthwith.
3. Plaintiff’s expert witness on attorney’s fees, Donald Myers, Jr., Esquire, shall have and recover from the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, fees in the amount of $2,100 for expert time expended in this case, for which let execution issue forthwith.
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