12 Fla. L. Weekly Supp. 234b
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where likelihood of success was more likely even at outset, multiplier of 1.0 is reasonable — Expert witness fee, costs, and prejudgment interest awarded
INGRID AMSDEN, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. CCO-01-CL-0398. November 29, 2004. Jon B. Morgan, Judge. Counsel: James Pacitti, Morgan Colling & Gilbert, P.A., Orlando, for Plaintiff. David B. Shelton, Rumberger, Kirk & Caldwell, P.A., Orlando. Yim S. Mah, Law Offices of Robert Soifer, Orlando.
FINAL JUDGMENT ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court on August 5, 2004, on Plaintiff’s Motion for Attorney’s Fees and Costs. At the outset of this case, the underlying issue involved a denial of benefits based on a claim by Defendant that the automobile insurance policy of its insured was cancelled due to nonpayment prior to the subject motor vehicle accident.
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 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 135.6 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:
$300.00 (hourly rate) x 135.6 (# of hours) = $40,680.00
Lodestar Total: $40,680.00
6. 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.
7. 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 the likelihood of success for the Plaintiff at the onset in 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).
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), the Court further finds that a multiplier of 1.0 is reasonable.
9. 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 8.
Lodestar Total $40,680.00 (paragraph # 5)
Lodestar Multiplierx 1.0 (paragraph # 8)
Total: $40,680.00
10. As to EBEN SELF, ESQUIRE, 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 EBEN SELF and that:
b.) 4.0 hours is a reasonable amount of hours; and
c.) $300.00 per hour is a reasonable hourly rate.
11. Accordingly, the expert witness fees that Plaintiff is entitled to recover from Defendant on behalf of its expert witness is $1,200.00.
12. The Court has considered the costs Affidavit submitted by the Plaintiff in this case. The Plaintiff’s attorney is entitled to reasonable costs in the amount of $584.33.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $40,680.00 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $1,200.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $584.33 to be paid by the Defendant.
D. 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), prejudgment interest shall accrue from August 3, 2004 (date of jury verdict) through the date of the entry of this Order in the amount of $412.64. FOR WHICH LET EXECUTION ISSUE AFTER (20) DAYS OF THE DATE OF ENTRY OF THIS ORDER.
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