11 Fla. L. Weekly Supp. 741a
Attorney’s fees — Insurance — Personal injury protection — Amount — Fees are awarded for 50 hours at hourly rate of $250 — Contingency risk multiplier — Where provider’s likelihood of success was even at outset of case, multiplier of 1.5 is applicable — Costs, prejudgment interest, and expert witness fee are awarded
TAMPA BAY INJURY CENTERS, INC., (As Assignee of THOMAS HAYNES), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-12577-SC, Division I. June 8, 2004. Charlotte Anderson, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Lisa S. Del Vecchio, for Defendant.
FINAL JUDGMENT ATTORNEY’S FEES AND COSTS
THIS CAUSE came before the Court on May 7, 2004, on Plaintiff’s Motion to Tax Attorney’s Fees and Costs. Present were Plaintiff’s Counsel, Timothy A. Patrick, with his expert witness, Brad Sounders, Esquire and Defendant’s counsel, Lisa S. Del Vecchio, Esquire and her expert witness, Robert Oxendine, Esquire. The Court, after hearing argument of counsel and considering the evidence and testimony presented and being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED:
That the issues to be resolved by the Court were counsel for the Plaintiff’s hourly rate, the taxability of certain costs and whether a contingency risk multiplier was applicable.
1. Pursuant to F.S. 627.736(8) and F.S. 627.428, Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
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. Regarding the hourly rate(s) and the number of hours: The parties stipulated that Plaintiff’s counsel, Timothy A. Patrick, devoted 50 hours in this case, which was approved by the Court. The Court finds that based upon the skill level of Plaintiff’s counsel, he should be compensated at the rate of $250.00 per hour.
4. Regarding the application of a contingency risk multiplier: The Court, follows Quanstrom, Rowe and its progeny: if success is determined as more likely than not, then the multiplier range is 1.0 to 1.5; if the chances of success are even, then the multiplier ranges 1.5 to 2.0; if the chances of success are unlikely, then the multiplier range is 2.0 to 2.5. This Court finds that the Plaintiff’s likelihood of success was approximately even or 50/50 at the onset of this case and pursuant to Quanstrom, Rowe and its progeny, applies a contingency risk multiplier of 1.5.
5. Multiplying 50 hours times the hourly rate of $250.00 multiplied by the contingency risk multiplier of 1.5 results in a loadstar of $18,750.00.
6. The Court awards cost of $934.20.
7. Pre-Judgment Interest on the fee award is acknowledged at the rate of 6% for the year 2003 and 7% for 2004 from the date of September 26, 2003 forward, until the date the draft is tendered to Plaintiff’s counsel.
8. Plaintiff’s expert witness, Brad Souders is awarded expert witness fees for 3 hours at a rate of $275.00 per hour for a total of $825.00.
ACCORDINGLY, Final Judgment is hereby entered against the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY,
attorney’s fees in the sum of $18,750.00;
plus costs of $934.20;
plus interest of (calculated through June 30, 2004) $ 993.91;
plus expert witness fees of $825.00;
for a total sum of $21,503.11
for which let execution issue, which sum shall draw interest at the rate of seven (7)% per annum in accordance with Florida Statutes.
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