12 Fla. L. Weekly Supp. 669c
Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable charges — Summary judgment is precluded where genuine issue of material fact as to whether database accurately assessed reasonableness of medical provider’s charges remains to be determined
JEAN P. FLORESTAL, L.M.T. & C.N.M.T., a/a/o Sally Harper, Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 9th Judicial Circuit in and for Orange County. Case No. 2003-SC-8994-O. March 23, 2005. Nancy Clark, Judge. Counsel: Adam Ross Littman, Winter Park. Jason R. Urbanowicz, Maitland.
ORDER ON PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION
THIS MATTER came before the Court on Plaintiff, Jean P. Florestal, L.M.T. & C.N.M.T., a/a/o Sally Harper, Motion for Summary Disposition, heard on February 21, 2005. The Court having reviewed the motion, considered the argument of counsel, and otherwise fully advised herein, finds as follows:
This Court is mindful that a trial court can grant a Motion for Summary Judgment only “if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material facts and that the moving party is entitled to a judgment as a matter of law.” Fla. R. Civ.P. 1.510(c). A party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the non-moving party. See Bruchner v. City of Dania Beach, 823 So.2d 167, 170 (Fla. 4th DCA 2002).
The Court having heard testimony finds that a genuine issue of material fact remains to be determined as to whether the Plaintiff’s medical charges were reasonable. It cannot be determined in this Motion for Summary Disposition, whether the Mitchell Medical Decision Point Database did not accurately assess the reasonableness of Plaintiff’s charges.
In consideration, thereof, it is Ordered and Adjudged that the Plaintiff’s Motion for Summary Judgment is DENIED.
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