11 Fla. L. Weekly Supp. 676b
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physicians are fact witnesses not entitled to deposition fees
SUNNY MEDICAL, PL, as assignee of Benjamin Rodriquez, Plaintiff, v. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-2022. April 19, 2004. Mark E. Herr, Judge. Counsel: Rutledge Bradford. V. Rand Saltsgaver. Wendy L. Pepper, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A.
ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL PROTECTIVE ORDER AND TO COMPEL PAYMENT OF EXPERT WITNESS FEES
THIS CAUSE, having come before the Honorable Mark E. Herr on March 19, 2004 upon Plaintiff’s Motion for Partial Protective Order as to the Depositions of Dr. Vives, Dr. Cafiero, and Marcos Baez and to Compel Payment of Expert Witness Fees, and the Court having been fully advised in the premises, it is hereby
ORDERED and ADJUDGED as follows:
1. On or about December 3, 2003, Plaintiff filed a Motion for Partial Protective Order and to Compel Payment of Expert Witness Fees for the deposition testimony of Dr. Emily Vives, M.D., Anthony Cafiero, D.C. and Marcos Baez, LMT. Plaintiff claimed that Dr. Vives, Dr. Cafiero, and Marcos Baez were entitled to expert fees under Florida Statute 92.231 and/or Florida Rule of Civil Procedure 1.390.
2. These individuals were the treatment providers at Sunny Medical, PL, who performed the services on Progressive’s insured, Benjamin Rodriguez, which forms the subject matter of this litigation.
3. As such, Dr. Vives, Dr. Cafiero and Marcos Baez, LMT are fact witnesses and are therefore not entitled to expert witness fees for their deposition testimony.
4. Plaintiff’s Motion for Partial Protective Order and to Compel payment of expert witness fees is hereby DENIED.
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