13 Fla. L. Weekly Supp. 156b
Insurance — Personal injury protection — Discovery — Deposition — Expert witness fee — Treating physicians are not entitled to expert witness fees for deposition testimony regarding services provided and charges for services
MANDARIN CHIROPRACTIC CENTER, P.A., (as assignee of Ben Baker), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2004-CC-016902, Division E. October 4, 2005. John A. Moran, Judge. Counsel: Amir Fleischer, Marks & Fleischer, Fort Lauderdale. Glenn S. Banner, Rinaman & Associates, P.A., Jacksonville.
ORDER
THIS CAUSE, having come before the Court on September 6, 2005, on Plaintiff’s Motion for Protective Order/Motion to Compel Expert Fee, and the Court having heard arguments of counsel, reviewed the pleadings and motions, and being otherwise advised in the premises, it is,
ORDERED and ADJUDGED as follows:
1. That the Plaintiff’s Protective Order/Motion to Compel Expert Fee for deposition testimony of Steven Nickles, D.C., and John Perkins, D.C., is hereby DENIED.
2. Steven Nickles, D.C., and John Perkins, D.C., as the treating chiropractors, are fact witnesses regarding the chiropractic services rendered by the Plaintiff in this suit for unpaid no-fault benefits.
3. Steven Nickles, D.C., and John Perkins, D.C., are not entitled to expert fees for their deposition testimony regarding the chiropractic services provided and the charges for such services.
4. The depositions of Steven Nickles, D.C., and John Perkins, D.C., will not be held at their offices. The depositions will be held at the Duval County Courthouse. The Plaintiff will provide available dates and times for the depositions of Steven Nickles, D.C., and John Perkins, D.C.
* * *
