13 Fla. L. Weekly Supp. 1160a
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Despite opposing affidavit and independent medical report, there was sufficient evidence that MRI was reasonable, related and necessary to support entry of summary judgment in favor of medical provider
UNITED AUTOMOBILE INSURANCE COMPANY, Defendant/Appellant, vs. A-1 MOBILE MRI, INC., A/A/O CHAUN LI MIN, Plaintiff/Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 05-17908 CACE 08. L.C. Case No. 03-13720 COCE 49. August 18, 2006. Counsel: Michael J. Neimand, Office of the General Counsel, United Automobile Insurance Company, Coral Gables. Kate G. Burnett, Naples.
ORDER AND OPINION
(RONALD J. ROTHSCHILD, J.) THIS CAUSE comes before the Court upon Appellant, United Automobile Insurance Company’s (hereinafter UAI) appeal of the Order Granting Summary Disposition and Final Judgment, entered on October 14, 2005, in favor of the Appellee, A-1 Mobile MRI, Inc. Having reviewed the appellate file, applicable law, and being otherwise fully advised in the premises, the Court hereby decides as follows:
On October 14, 2005, the lower court granted Plaintiff’s Motion for Summary Disposition. On November 29, 2005, the lower court denied Defendant’s Motion for Reconsideration of this Order. The Defendant filed its Notice of Appeal of both these orders on December 13, 2005.
In its Order Granting Summary Disposition and Final Judgment, the lower court held that the MRI performed on the Plaintiff, Chaun Li Min on 9/24/02 was reasonable, necessary and related to the automobile accident of May 7, 2002. The Appellant claims that the affidavit of the peer review doctor, and the Independent Medical Report of Dr. Jeffrey S. Senter, DC, refute the lower court’s finding. This Court agrees with the lower court’s finding that there is sufficient record evidence that the MRI was reasonable, necessary and related to the accident.
ACCORDINGLY, it is hereby
ORDERED AND ADJUDGED that the Order Granting Summary Disposition and Final Judgment entered by the trial court is AFFIRMED. It is further ORDERED AND ADJUDGED that the Order Denying Defendant’s Motion for Reconsideration is AFFIRMED.
