11 Fla. L. Weekly Supp. 829b
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician of insured is not entitled to expert witness fee for deposition testimony regarding what physician did and why he did it but may request fee if insurer begins inquiry into matters requiring expert opinion
ST. AUGUSTINE PHYSICIANS ASSOCIATES, INC., (as Assignee of Tammie Morrison), Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 7th Judicial Circuit in and for St. Johns County, Small Claims. Case No. SP 02-2006, Division 65A. June 17, 2004. Patti A. Christensen, Judge. Counsel: Mary E. Adkins. D. Scott Craig, Farah, Farah & Abbott, P.A., Jacksonville.
ORDER ON PLAINTIFF’S MOTION TO RECOVER REASONABLE FEE FOR EXPERT TESTIMONY BY MARTIN MONAHAN, D.C.
THIS CAUSE came before the Court on the Plaintiff’s Motion to Recover Reasonable Fee for Expert Testimony by Martin Monahan, D.C. The Court having heard argument of counsel and being otherwise fully advised in the premises, it is hereby:
ORDERED:
1. Dr. Monahan is a fact witness in this case, and as such, is not entitled to an expert witness fee for his deposition.
2. Dr. Monahan shall undergo his deposition without pre-payment of an expert witness fee.
3. Under these circumstances, Defendant may inquire as to Dr. Monahan questions in the broad categories of what Dr. Monahan did and why he did it; however, should Defendant begin inquiry into matters requiring an expert opinion, Dr. Monahan may request from the Defendant, or failing agreement, apply to this Court for pro-rata payment to him by Defendant of an expert witness fee.
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