13 Fla. L. Weekly Supp. 824c
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where insured’s counsel undertook representation pursuant to contingency fee agreement, market in jurisdiction requires multiplier in order for claimants to obtain competent counsel, and insured’s chances of success at outset were more likely than not, contingency risk multiplier of 1.35 is appropriate — Costs, expert witness fees and prejudgment interest awarded
LUTHER L. HENDERSON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-122. May 18, 2006. The Honorable Deb Blechman, Judge. Counsel: Jeffrey M. Byrd, Jeffrey M. Byrd, P.A.,Orlando; and Gregory C. Maaswinkel, for Plaintiff. George Milev, Adams & Diaco, P.A., Orlando.
ORDER AND FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs with Interest. The Court has heard expert witness testimony, has heard argument, and has examined the relevant evidence. Accordingly, the Court makes the following findings of fact:
1. That the Plaintiff’s counsel is entitled to fees and costs according to Florida law.
2. That Plaintiff’s counsels, Jeffrey M. Byrd, Esquire, and Gregory C. Maaswinkel, Esquire, reasonably expended 110 hours in representing the Plaintiff in this cause.
3. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel is $300.00 per hour (a “blended” hourly rate for Jeffrey M. Byrd and Gregory C. Maaswinkel).
4. That the Court finds that Plaintiff’s counsels undertook the representation of the Plaintiff pursuant to a contingency fee agreement as defined in State Farm Ins. Co. v. Palma, 555 So. 2d 836 (Fla. 1993).
5. That the Court has considered all of the factors and criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), as well as Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 818 (Fla. 1990). The Court also finds that the market in this jurisdiction requires consideration of a contingency risk multiplier in order for claimants such as the Plaintiff herein to obtain competent counsel in cases like the instant case.
6. That taking into consideration the evidence presented, as well as the above law, the Court finds that the Plaintiff’s chances of success at the outset or onset of this case were:
less than even (x 2.0 — 2.5)
approximately even (x 1.5 — 2.0)
X more likely than not (x 1.0 — 1.5)
Accordingly, a contingency risk multiplier of 1.35 is appropriate and applicable to any fees awarded by this Court to the Plaintiff.
7. That based upon this Court’s determination (110hours x 300 hourly rate x 1.35fee multiplier), the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services asattorneys before this Court is $44,550.00.
8. That Plaintiff’s law firm, Jeffrey M. Byrd, P.A., incurred reasonable costs in the amount of $3,639.14, during its representation of the Plaintiff in this case.
9. That the Plaintiff is entitled to recover the expert witness fees of Brian Coury, Esquire, based upon the holding and reasoning contained in the cases Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995), Straus v. Morton F. Plant Hospital, 478 So. 2d 472 (Fla. 2d DCA 1985), and Travieso v. Travieso, 474 So. 2d 118 (Fla. 1985), and that 10is a reasonable number of hours to have been expended by Brian Coury in reviewing the Plaintiff’s file, preparing for the attorney fee hearing and testifying at that hearing. The Court further finds that $300 per hour is a reasonable hourly rate for the services of such expert witness.
10. That prejudgment interest at the rate of 9% per annum is due to Plaintiff’s counsel on the attorney’s fee portion of this award from April 15, 2005 (the date the Defendant stipulated to entitlement to fees and costs) until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That the Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s law firm, Jeffrey M. Byrd, P.A., does have and recovers from the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, the following:
a. attorney’s fee in the amount of $44,550.00, plus the pre-judgment interest noted above from April 15, 2005, in the amount of $3,879.56 for a total of $48,429.56,
b. costs in the amount of $3,619.14,
c. and the expert witness fee of Brian Coury in the amount of $3000.00, together with post-judgment interest at the rate of 9% per annum from the date this judgment was entered until payment in full of the judgment, for which let execution issue forthwith.
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