12 Fla. L. Weekly Supp. 1093a
Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where medical provider’s expert testified that relevant market requires contingency risk multiplier to obtain competent counsel in PIP claims such as provider’s case, necessity of multiplier was further evidenced by numerous defenses and risks associated with claim, and provider’s chances of success were unlikely at outset, multiplier of 2.0 is appropriate — Prejudgment interest, expert witness fee and costs awarded
PALM BEACH PAIN MANAGEMENT, a/a/o Maria Gonzalez, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division RE. Case No. 2004SC000681. August 22, 2005. Susan Lubitz, Judge. Counsel: Gary A. Russo, Law Firm of McAfee & Russo, West Palm Beach. Patrick Spellacy, Fort Lauderdale.
FINAL JUDGMENT AWARDING FEES AND COSTS
THIS CASE came before the Court on August 8, 2005 on Plaintiff’s Motion For Attorney’s Fees And Costs, with both counsel and their experts present. Plaintiff and Defendant stipulated that 37.2 hours were reasonably and necessarily spent to prosecute this case at a reasonable rate of $350 an hour. Plaintiff and Defendant also stipulated that Plaintiff is entitled to recover costs of $600.00.
The issue is the applicability of a contingency fee multiplier. The court has considered the guidelines established in 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) and finds that a fee multiplier should be applied. Plaintiff’s expert witness testified that the relevant market requires a contingency fee multiplier to obtain competent counsel in PIP claims such as the Plaintiff’s case. The necessity of a multiplier was further evidenced in this matter as a result of the numerous defenses and risks associated with this claim at the outset as set forth by the testimony and affidavits filed.
A multiplier of 2.0 is appropriate pursuant to the multiplier criteria set forth in Standard Guaranty Ins. Co. v. Quanstrom, ibid; Florida Patient’s Compensation Fund v. Rowe, ibid; and Bell v. U.S.B. Acquisition Co., Inc., 734 So.2d 403 (Fla. 1999). At the outset of the handling of the claim, the Plaintiff’s chances of success were unlikely as a result of the defenses and risks involved, including those set forth in the Plaintiff’s sworn affidavit. Plaintiff’s attorney undertook representation of the Plaintiff on the basis that if the Plaintiff did not prevail, he would not receive any fee and would not be reimbursed for his costs.
A reasonable attorney fee for Plaintiff’s attorney is calculated as follows: Hours 37.2 X $350.00 per hour X 2.0 (Lodestar Multiplier) = $26,040.00. Plaintiff is entitled to interest on these attorney’s fees at 7% from the date of May 17, 2005 totaling $414.50. Additionally, the Court finds that Attorney William Johnson expended 5 hours as an expert witness and is entitled to be compensated at a rate of $350.00 per hour for a total of $1750.00. The Court further finds that $600.00 is due and payable to the Plaintiff for costs associated with the prosecution of the Plaintiff’s claim based upon the stipulation of counsel. It is, therefore,
ORDERED AND ADJUDGED that Plaintiff’s attorney, Gary Russo, shall recover from Defendant, Progressive Express Insurance Company, attorney’s fees of $26,454.50, costs of $600.00, and an expert witness fee of $1,750.00 for a total of $28,804.50 that shall bear interest at 7% rate.
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