13 Fla. L. Weekly Supp. 394b
Insurance — Personal injury protection — Coverage — Medical expenses — Determination of reasonable charge for disputed bills is question of fact for jury that precludes summary judgment
PETER J. GODLESKI, MD, PA, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-2976. January 26, 2006. John R. Sloop, Judge. Counsel: V. Rand Saltsgaver, Orlando. George Milev, Adams & Diaco, P.A., Orlando.
ORDER DENYING PLAINTIFF’S AMENDED MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came on for a hearing on December 19, 2005 as to the Plaintiff’s Amended Motion for Summary Judgment, and the Court having reviewed the court file and heard argument of counsel, it is hereby
ORDERED AND ADJUDGED:
1. This was an action for PIP benefits brought by the Plaintiff, as assignee of the insured.
2. Plaintiff sought payment for services he provided to the Progressive insured on February 18, 2003 and April 17, 2003. See Amended Affidavit of Peter J. Godleski, MD.
3. Defendant agreed that the sole dispute between the parties was the amount of the bills. See deposition of Gregory Hemmann of December 4, 2003 at p. 36, lines 24-25 and p. 37, lines 1-8.
4. The Court finds that the determination of a reasonable charge for the bills in dispute is a question of fact which only a jury can resolve. Therefore, Plaintiff’s Amended Motion for Summary Judgment is denied.
