13 Fla. L. Weekly Supp. 609a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where medical provider’s counsel undertook representation pursuant to pure contingency fee agreement, and provider’s chances of success at outset of case were more likely than not, multiplier of 1.0 is appropriate — Expert witness fee, costs and prejudgment interest awarded
PINE CASTLE CHIROPRACTIC CENTER, INC as assignee of Angel Jara, Plaintiff, vs. SOUTHERN GROUP INDEMNITY, INC, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2005-SC-6243. November 16, 2005. Leon B. Cheek, III, Judge. Counsel: Michael Tierney, Winter Park. Catherine Aebel, Barr, Murman, & Tonelli, Tampa. Peter Shapiro, The Law Offices of Peter A. Shapiro, Orlando.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on 10/21/05 the Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:
1. Plaintiff’s counsel, Michael Tierney, Esquire, reasonably expended 28.4 hours in representing the Plaintiff in this cause.
2. A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Michael Tierney, Esquire, is $250.00 per hour.
3. The Court finds that Plaintiff’s attorney undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836.
4. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 as well as Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 818, and finds that the Plaintiff is entitled to a multiplier.
5. Taking into consideration the evidence provided at the fee hearing, as well as the above law, the Court finds that the Plaintiff’s chances of success at the outset of this case were:
unlikely (x2.0-2.5)
approximately even (x1.5-2.0)
X more likely than not (x 1.0-1.5)
Accordingly, a contingency risk multiplier of 1.0 is appropriate and applicable.
6. Based on this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney is: 28.4 (# of hours, see #1) x $250.00 (hourly rate, see #2), x 1.0 (multiplier, see #5) = $7,100.00.
7. The Court considered the testimony of Plaintiff’s expert fee witness, Peter Shapiro, Esquire, and determines that a reasonable hourly rate for his services is $400.00 per hour for 2 hours. Accordingly, Plaintiff is entitled to an expert witness cost award totaling $800.00. Mangel v. Bob Dance Dodge, Inc. (5th DCA 9-10-99) [24 Fla. L. Weekly D2106]; Straus v. Morton, 478 So.2d 472. Plaintiff is entitled to tax this cost against the Defendant.
8. In addition to the cost in paragraph #7, Plaintiff’s counsel, Michael Tierney, incurred reasonable costs in the amount of $204.50 during the representation of the Plaintiff in this case.
9. Prejudgment interest at 7% per annum is due to Plaintiff’s counsel on the attorney’s fees and costs from 6/7/05 until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929. Thus, the total amount of prejudgment interest due is $194.72.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. The court enters Judgment in favor of the Plaintiff PINE CASTLE CHIROPRACTIC CENTER, INC, 709 East Oakridge Road, Orlando, FL, 32809-4204, and against the Defendant SOUTHERN GROUP INDEMNITY, INC, 1769 North West 79th Avenue, Miami, Florida, 33126 in the amount of $ 8,299.22 (add paragraph #’s 6, 7, 8, 9) payable to Michael Tierney, P.A. to bear interest at 7% per annum, for which let execution issue forthwith.
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