12 Fla. L. Weekly Supp. 569c
Insurance — Personal injury protection — Discovery — Depositions — Deposition of treating physician is rescheduled to take place at physician’s office at time that will not interfere with appointments — Duration of deposition is not limited to finite period, but medical provider may seek sanctions if scope extends beyond relevant issues — Expert witness fee — No expert fee will be assessed, provided insurer does not inquire into matters requiring expert opinion
ST. AUGUSTINE PHYSICIANS ASSOCIATES, INC., (as assignee of JOHN MARK LEACH), Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 7th Judicial Circuit in and for St. Johns County. Case No. SP01-0854, Division 65. October 14, 2004. Patti A. Christensen, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, Jacksonville. Christopher K. Leifer, James C. Rinaman, III & Associates, P.A., Jacksonville.
ORDER
THIS CAUSE was before the Court upon Plaintiff’s Motion for Protective Order and Plaintiff’s Motion to Recover Reasonable Fee for Expert Testimony. The Court has heard argument of counsel and being otherwise fully advised in the premises, it is
ORDERED
1) By stipulation of the parties, the deposition of Dr. Martin M. Monahan, D.C. (the person with the most knowledge of the care and treatment of the insured party) shall be rescheduled, thereby rendering the Motion for Protective Order moot. The deposition shall be set at a time agreeable to the parties, and as a professional courtesy, it shall be held at the St. Augustine medical office of Dr. Monahan. The deposition shall be at a time that will not interfere with his appointments, and the deposition shall not be interrupted, postponed, or delayed by Dr. Monahan, except in case of an emergency. The duration of the deposition shall not be restricted to a finite amount of time, but if the scope of the deposition goes beyond the relevant issues in this case, Plaintiff may move for sanctions against Defendant for harassing, overly burdensome discovery.
2) As to the request for a reasonable expert fee, Defendant through counsel has represented its intention to depose Dr. Monahan as a fact witness, and not as an expert witness. Accordingly, no expert fee shall be assessed; provided, however, should Defendant inquire into matters requiring an expert opinion, Dr. Monahan may apply to the Court for assessment of an expert witness fee.
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