12 Fla. L. Weekly Supp. 959b
Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where likelihood of success at onset of case was approximately even, contingency risk multiplier of 1.75 should be applied — Expert witness fee and prejudgment interest awarded
DOCTOR’S PAIN MANAGEMENT ASSOCIATES, as assignee of DALON FINLEY, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-03-10953. July 7, 2005. Leon B. Cheek, III, Judge. Counsel: James Pacitti, Morgan & Morgan, Orlando, for Plaintiff.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court for hearing on June 10, 2005, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorney is entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause.
2. The attorney for the Plaintiff in this case is James Pacitti.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by James Pacitti, Esquire, shall be 95.8 hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate for James Pacitti, Esquire, shall be $300.00 per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
James Pacitti, Esquire
$300 x 95.8 (hours) = $28,750.00
Lodestar Total: $28,750.00
6. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Rowe and Quanstrom, this Court finds that the application of a contingency risk multiplier is appropriate for this case.
7. If a contingency risk multiplier is appropriate, the Court after considering all of the evidence presented, appropriate Florida statutes and relevant case law finds that the likelihood of success for the Plaintiff at the onset in this case was:
_____ more likely even at the outset (1.0 – 1.5)
__X_ approximately even at the outset (1.5 – 2.0)
_____ unlikely at the outset (2.0 – 2.5).
Therefore, a multiplier in the range of 1.5 to 2.0 is reasonable. Based on the testimony and evidence presented, the Court finds that a multiplier of 1.75 should be applied.
8. 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 7.
Lodestar Total $28,750.00
(paragraph number 5)
Lodestar Multiplier x 1.75 (paragraph number 7)
Total: $50,295.00
9. As to Glenn Klausman, Plaintiff’s expert witness:
a. Plaintiff, Doctor’s Pain Management Associates, is entitled to recover the expert witness fee of attorney Glenn Klausman, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985); and that
b. 7.3 hours is a reasonable amount of hours; and
c. $400.00 per hour is a reasonable hourly rate.
10. The expert witness fees that Plaintiff is entitled to recover on behalf of his expert witness for testimony before the trial court is $2,920.00.
11. Plaintiff to submit a proper Cost Affidavit Court reserves ruling as to costs.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $50,295.00 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $2,950.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $ reserved to be paid by the Defendant.
D. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within ten (10) days of the entry of this Order.
E. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
F. Prejudgment interest shall accrue from January 31, 2005 through the date of entry of this Order.
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