11 Fla. L. Weekly Supp. 49b
Insurance — Discovery — Depositions — Expert witness fee — Treating physician
SENSORY NEURODIAGNOSTICS, INC. a/a/o JAIME CLARK, Plaintiff, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 02 CC 23527 SC, Division I. October 31, 2003. Charlotte Anderson, Judge. Counsel: Jason F. Lamoureux, Holland & Lamoureux, P.A., Brandon. Michael G. Stofer.
ORDER
THIS CAUSE came to be heard before this Court on October 20, 2003, upon Plaintiff’s Motion for Protective Order, and the Court having heard arguments of Counsel and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
Plaintiff’s Motion for Protective Order is granted; and the Court finds as follows:
1. On September 11, 2003, the Defendant filed an Amended Notice of Taking Deposition Duces Tecum of William F. Meadows, III, M.D.
2. Dr. Meadows was the physician who was treating the Defendant’s insured and ordered the testing performed by the Plaintiff and ultimately denied by the Defendant.
3. The Defendant refused to agree to pay Dr. Meadows an expert witness fee for his medical testimony because he was the treating physician.
4. William D. Meadows, III, M.D. is not a party to the lawsuit between the Plaintiff and Defendant.
5. Dr. Meadows’ responses to any questions regarding his treatment of the Defendant’s insured will be based on his experience and training as a medical doctor and therefore, under Florida Rule of Civil Procedure 1.390, he is an expert witness and the Defendant is required to pay him an expert witness fee.
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