11 Fla. L. Weekly Supp. 371a
Insurance — Personal injury protection — Attorney’s fees — Prevailing party — Amount — Fees awarded for 20.5 hours at hourly rate of $325.00 — Contingency risk multiplier — Where provider/assignee’s attorney undertook representation pursuant to pure contingency fee agreement, market in jurisdiction requires contingency risk multiplier to obtain competent counsel in cases like this one, and provider’s chances of success at outset were approximately even, multiplier of 1.5 is appropriate — Expert witness fee, costs, and prejudgment interest awarded
RURAL METRO AMBULANCE INC., as assignee of Omar Abid, Plaintiff, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-004492. November 6, 2003. Donald L. Marblestone, Judge. Counsel: Rutledge M. Bradford, Orlando. Hanton Walters, Gonzalez and Capito, Longwood.
FINAL JUDGMENT AWARDING ATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on November 6, 2003, 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 of 3/16/2001. The insured, Omar Abid, was alleged to have sustained injuries arising out of the accident, and sought treatment from the Plaintiff, RURAL METRO AMBULANCE INC., as assignee of Omar Abid. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, for medical treatment rendered in 2001. The Defendant claimed it did not receive the bill until December 8, 2002. Upon receiving the bill, the Defendant didn’t pay the bill within 30 days contending that it was in need of the run report before it could ascertain whether the treatment was related to a motor vehicle accident. 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 20.5hours in representing the Plaintiff in this cause.
4. HOURLY RATE: The Court finds a reasonable hourly rate for Rutledge M. Bradford 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 factors set forth in Rowe have also been met. Specifically, the amount in controversy was small; the results obtained were excellent with the defendant having to pay all benefits available to Plaintiff. Finally, the contingency fee contact utilized by Plaintiff was a pure contingency fee agreement which allowed for a contingency risk multiplier. 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:
more likely than not (x1.0-1.5)
ş approximately even (x 1.5-2.0)
unlikely (x2.0-2.5)
Accordingly, a contingency risk multiplier of 1.5 is appropriate and applicable.
6. The Plaintiff’s attorney was required to litigate this case until the Defendant agreed to pay benefits that were at issue in this lawsuit.
7. 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 20.5 hours x $325.00 (hourly rate) x 1.5 (contingency risk multiplier) for a total of $9,993.75.
8. The Court finds that the Plaintiff’s counsel, Rutledge M. Bradford, incurred reasonable costs in the amount of $99.50 during her representation of the Plaintiff in this case.
9. That prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from July 29, 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.2d929 (Fla. 1996); and Boulis v. Florida Department of Transportation, 733 So.2d 959 (Fla. 1999).
10. Plaintiff’s expert witness on attorneys’ fees, Alexander Billias, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Billias reasonably expended 4 hours in this case, and a reasonable hourly rate for Mr. Billias is $275.00 per hour, for a total expert fee of $1,100.00. 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, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a reasonable attorneys’ fee in the amount of $9,993.75, costs in the amount of $99.50 and prejudgment interest on both the attorneys’ fee and costs at the rate of Six Percent (6%) per annum from July 29, 2003 through November 6, 2003, in the amount of $165.92, for the total sum of $10,259.17, that shall bear interest at the rate of Six Percent (6%) per annum until payment in full of the judgment, for which let execution issue forthwith.
3. Plaintiff’s expert witness on attorney’s fees, Alexander Billias, Esquire, shall have and recover from the Defendant, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, fees in the amount of $1,100.00 for expert time expended in this case, for which let execution issue.
4. Plaintiff shall take from Defendant the TOTAL SUM of $11,359.17 as attorney’s fees and costs for prosecution of this claim for which let the execution issue forthwith.
Attorney's Fees $9,993.75 Costs $99.50 Interest on attorney's fees $165.92 Expert Witness Fees $1,100.00 Fees for entitlement to a multiplier $ -- -- -- -- TOTAL SUM $11,359.17
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