13 Fla. L. Weekly Supp. 493a
Insurance — Personal injury protection — Discovery — Depositions — Treating physician — Expert witness fee — Treating physician is fact witness not entitled to expert witness fee for appearing at deposition
FLORIDA MEDICAL AND INJURY CENTER, INC., as assignee of SHEILA CHACON, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-6409. February 22, 2006. Deb Sammons-Blechman, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Michael Tierney.
ORDER ON DEFENDANT’S MOTION TO COMPEL DEPOSITION OF LINDA DIBELLA WITHOUT EXPERT WITNESS FEE
THIS CAUSE came before the Court on Defendant’s Motion to Compel Deposition of Linda Dibella without Expert Witness Fee, the court having considered the motion, together with argument of counsel and being otherwise fully advised in the premises and finds as follows:
1. This action is a Personal Injury Protection lawsuit in which Plaintiff seeks damages for nonpayment of medical bills submitted by the Plaintiff to the Defendant.
2. Linda Dibella has been disclosed to Defendant as the treating doctor of Sheila Chacon.
3. Defendant attempted to schedule a deposition of Dr. Dibella as a treating physician and Dr. Dibella demanded an expert witness fee for appearing at the deposition.
4. The Court is persuaded that Dr. Dibella as a treating physician, is a fact witness as opposed to a witness whose information and opinions have been acquired and developed in anticipation of litigation or for trial and is not entitled to an expert witness fee.
IT IS THEREFORE,
ORDERED and ADJUDGED that Defendant’s Motion to Compel Deposition of Dr. Linda Dibella Without Expert Witness fee is GRANTED and Dr. Linda Dibella shall submit to a deposition in this case upon reasonable notice.
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