12 Fla. L. Weekly Supp. 380b
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier of 1.75 is appropriate where case was difficult and risky from outset of litigation, county has few attorneys willing and capable of becoming competent counsel in practice area, and area of practice is especially difficult dealing with this insurer — Costs and prejudgment interest awarded — Expert witness fee affidavit not filed in time to allow insurer sufficient and reasonable time to take expert’s deposition is stricken
OUTPATIENT PAIN & WELLNESS CENTERS, a/a/o THELMA SALLYE, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-16379-SC, Division L. January 5, 2005. Artemeus E. McNeil, Judge. Counsel: Timothy Patrick, Timothy A. Patrick, P.A., Tampa. David Kampf.
FINAL JUDGMENT ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Special Master, F. Dennis Alvarez on Plaintiff’s Motion for Attorney’s Fees and Costs on December 21, 2004, and the Special Master having heard argument of counsel and reviewing the applicable case law filed at the hearing, it is hereby:
ORDERED AND ADJUDGED as follows:
1. The Plaintiff’s counsel, Timothy A. Patrick, Esquire reasonably expended 32.9 hours in representing the Plaintiff in this case. The Plaintiff’s counsel requested 45.3 hours;
2. The Court, after considering the factors and criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 818 (Fla. 1990), Bell v. U.S. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999), finds that 1.75 multiplier is appropriate in this case, for the following reasons:
a. The Court finds that based upon the skill level of Plaintiff’s counsel, he should be compensated at the rate of $250.00 per hour;
b. The Court finds that this case was a difficult and risky of case from the outset of litigation for the Plaintiff’s counsel;
c. As to legal community, this Court finds that Hillsborough County has few counsel that are willing, able and capable of becoming competent counsel in this area of practice;
d. The Court finds that, as testified to by Plaintiff’s counsel and Plaintiff’s client, this area of practice is difficult, especially dealing with this Defendant.
3. The total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services performed by Timothy A. Patrick, Esquire is $14, 393.75.
4. The Court finds that the Plaintiff incurred reasonable costs in the amount of $159.00.
5. In addition, the affidavit filed on behalf of Matthew D. Brumley, Esq. as to attorneys fees, the Court is striking said affidavit as untimely filed and for not allowing Defendant sufficient and reasonable time to take Mr. Brumley’s deposition.
6. The Court finds that prejudgment interest at 7% per annum is due to the Plaintiff’s counsel on the attorney’s fees and costs from June 25, 2004 until the entry of this Final Judgment.
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