12 Fla. L. Weekly Supp. 573a
Attorney’s fees — Insurance — Personal injury protection — Medical provider is awarded attorney’s fees for prevailing as to one insured, and insurer is awarded fees for successful defense as to second insured — Contingency risk multiplier — Where medical provider’s likelihood of success at outset of case was more likely even, multiplier of 1.5 is appropriate — Insurer is awarded fees at stipulated lodestar amount — Expert witness fees, costs and prejudgment interest awarded
CRAIG A. NEWMAN, D.C., (As Assignee of Michael Riley), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-15206-SC, Division H. CRAIG A. NEWMAN, D.C. (As assignee of Reem Riley), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. Case No. 03-15207-SC, Division H. March 22, 2005. Michelle Sisco, Judge. Counsel: Timothy A. Patrick and Matthew D. Brumley, for Plaintiff. Scott Dutton and Randall Wainoris, for Defendant.
FINAL JUDGMENT ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS, AS TO REEM RILEY ANDFINAL JUDGMENT ON DEFENDANT’S MOTION FOR ATTORNEY’S FEES AND COSTS, AS TO MICHAEL RILEY
THIS CAUSE having come before the Court on February 11 and 25, 2005 with Timothy A. Patrick, Esquire and Matthew D. Brumley, Esquire appearing on behalf of the Plaintiff and Scott Dutton, Esquire and Randall Wainoris, Esquire appearing on behalf of the Defendant, and the Court, being fully advised in the premises, rules as follows:
ORDERED and ADJUDGED:
1. Plaintiff’s attorneys are entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause, as to Plaintiff Reem Riley.
2. The attorneys for the Plaintiff in this case are Timothy A. Patrick, Esquire and Matthew D. Brumley, Esquire.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by Timothy A. Patrick, Esquire shall be 235.5hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate for Timothy A. Patrick, Esquire, shall be $225.00 per hour.
5. The reasonable hours expended during the prosecution of the Plaintiff’s case by Matthew D. Brumley, Esquire shall be 157.3hours.
6. In light of the number of hours presented by evidence, a reasonable hourly rate for Matthew D. Brumley, Esquire, shall be $175.00 per hour.
7. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
$225.00 (hourly rate) x 235.5 (# of hours) = $52,987.50 (Timothy Patrick)
$175.00 (hourly rate) x 157.3 (# of hours) = $27,527.50 (Matthew Brumley)
8. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990) and Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), this Court finds that the application of a contingency risk multiplier IS appropriate in this case.
9. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990) and Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), the Court finds that Plaintiff’s likelihood of success at the outset of this case was:
X more likely even at the outset (1.0-1.5)
_____ approximately even at the outset (1.5-2.0)
_____ unlikely at the outset (2.0-2.5).
10. After consideration of the evidence presented, the applicable Florida statutes and relevant case law of Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990) and Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), the Court further finds that a lodestar multiplier in the range of 1.0 to 1.5 is reasonable.
11. The amount of reasonable attorney’s fees shall be calculated by the multiplication of the lodestar total from paragraph number 5 and the appropriate, if any, lodestar multiplier from paragraph number 10.
Lodestar Total$80,515.00 (paragraph #7)
Lodestar Multiplierx 1.5 (paragraph #10)
Total:$120,772.50
12. As to Bradley Souders, Plaintiff’s expert witness:
a.) Based upon 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), the Court finds that Plaintiff IS entitled to recover the expert witness fee of attorney Bradley Souders and that:
b.) 15.3 hours is a reasonable amount of hours; and
c.) $300.00 per hour is a reasonable hourly rate.
13. Accordingly, the expert witness fees that Plaintiff is entitled to recover from Defendant on behalf of its expert witness is $4,590.00.
14. The Court has considered the costs Affidavit submitted by the Plaintiff in this case. The Plaintiff’s attorneys are entitled to reasonable costs in the amount of $4,675.81.
15. Defendant’s attorneys are entitled to a reasonable attorney’s fees incurred in the defense of the above-styled cause, as to Plaintiff Michael Riley.
16. The attorneys for the Defendant in this case are Scott Dutton, Esquire and Randall Wainoris, Esquire.
17. The parties have stipulated that the reasonable hours expended in total during the defense of the Michael Riley case are 90 hours.
18. The parties have also stipulated that the reasonable hourly rate for Defendant’s attorneys is $100.00 per hour.
19. Pursuant to stipulation of the parties, therefore, the lodestar amount of attorney’s fees awarded to the Defendant in the Michael Riley case is $9,000.00.
20. As to Robert Adams, Defendant’s expert witness:
a) the Court finds that the Defendant IS entitled to recover the expert witness fee of attorney Robert Adams; and
b) 6 hours is a reasonable amount of hours spent by Mr. Adams in relation to the Defendant’s award of attorney’s fees in the Michael Riley case. The Court would note that the vast majority of Mr. Adams’ testimony at the Fee Hearing was devoted to contesting the award of attorney’s fees to the Plaintiff, as the parties stipulated at the hearing to an award of $9,000.00 to the Defendant for attorney’s fees; and
c) $200.00 per hour is a reasonable hourly rate.
21. The Court would also note that the Court has made handwritten notations on the exhibits introduced at the Fee Hearing, so that all parties may review exactly how the Court reached its computations.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
1. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $120,772.50 to be paid by the Defendant.
2. Plaintiff is entitled to recover an expert witness fee in the amount of $4,590.00 to be paid by the Defendant.
3. Plaintiff is entitled to reasonable costs in the amount of $4,675.81 to be paid by the Defendant.
4. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within twenty (20) days of the date of entry of this Order.
5. Defendant is entitled to a reasonable attorney’s fee in the amount of $9,000.00 to be paid by the Plaintiff.
6. Defendant is entitled to recover an expert witness fee in the amount of $1,200.00 to be paid by the Plaintiff.
7. Plaintiff shall pay the foregoing amount to counsel for the Defendant within twenty (20) days of the date of entry of this Order, or if the parties agree in writing, the Defendant may simply deduct $10,200.00 from the total amount owed to the Plaintiff for attorney’s fees and costs.
8. The court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
9. Pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla. 1996) and Boulis v. Florida Department of Transportation, 733 So.2d 959 (Fla. 1999) and agreement of the parties, prejudgment interest shall accrue from 8/27/04 (date of settlement of underlying issues) through 2/25/05 (date of the conclusion of the Fee Hearing) in the amount of $4,176.31 for the Plaintiff, as to Reem Riley; and prejudgment interest shall accrue from 6/8/04 (date of settlement of underlying issues) through 2/25/05 (date of the conclusion of the Fee Hearing) in the amount of $448.02 for the Defendant, as to Michael Riley.
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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