12 Fla. L. Weekly Supp. 229a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who is owner of plaintiff medical provider and from whom insurer requests fact information, not expert opinion, is not entitled to expert witness fee for deposition testimony
FIRST COAST MEDICAL CENTER, INC., (as assignee of Gabriel Clavijo), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2003-CC-009919, Division I. November 24, 2004. Pauline M. Drayton, Judge. Counsel: Kelly Hampton, The Gallagher Law Firm, Jacksonville, for Plaintiff. Patrick J. Snyder, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR PROTECTIVE ORDER/MOTION TO SET REASONABLE EXPERT WITNESS DEPOSITION FEE
THIS CAUSE, came to be heard on November 18, 2004, on the Plaintiff Motion for Protective Order/Motion to Set Reasonable Expert Witness Deposition Fee. The Court having reviewed the Motion, having heard the argument of counsel, having reviewed the relevant case law and being otherwise fully advised in the premises, finds:
1. Plaintiff has sued Defendant alleging Defendant failed to pay certain personal injury protection (PIP) benefits and interest on same to First Coast Medical Center, as assignee of Gabriel Clavijo.
2. Under Fla. R. Civ. P. 1.390(a), Dr. Carter would be considered an expert but for the application of Fla. R. Civ. P. 1.280, general rules of discovery, as he was not acquired or developed in anticipation of litigation or for trial.
3. Dr. Grady Carter owns and manages First Coast Medical Center and is also a treating physician of the Plaintiff’s patient, Gabriel Clavijo. Any information the Defendant is entitled to comes from the Plaintiff and the information requested is fact information and not expert opinion. The court cites as persuasive authority Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289, 290-91 (Fla. 3d DCA 1998). Therefore, it is
ORDERED AND ADJUDGED:
Plaintiff’s Motion to Set Reasonable Expert Witness Deposition Fee is DENIED. Dr. Grady Carter shall appear for deposition without payment of an expert witness fee.
FURTHER ORDERED AND ADJUDGED:
Plaintiff Motion for Protective Order, as to the location of the deposition of Dr. Grady Carter, is DENIED. Dr. Grady Carter shall appear at Riley Reporting, 76 South Laura Street, Suite 2100, Jacksonville, Florida 32202, for deposition. The deposition shall not exceed ninety (90) minutes and will be scheduled for a date and time that does not substantially interfere with his practice.
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