14 Fla. L. Weekly Supp. 395a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Deposition of treating physician in capacity as records custodian and fact witness on issues of whether insured was in accident and whether orthopedic and neurological treatment for which insured was referred was necessary — Motion for expert witness fee, protective order and attorney’s fees and costs is denied
BETTER CARE MEDICAL REHAB INC. (as assignee for Mike Guzman), Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 06-3477 SP21. February 16, 2007. Ana Maria Pando, Judge. Counsel: Richard Shuster, Shuster & Saban, P.A., for Plaintiff. Matt Hellman, Matt Hellman, P.A., Plantation, for Defendant.
ORDER ON MOTION TO DETERMINE EXPERT WITNESS FEE, PROTECTIVE ORDER, AND ATTORNEY’S FEES AND COSTS
This cause having come to been heard upon Dr. Catherine Romanoff a nonparty witness, motion to determine entitlement to expert witness fees, motion for protective order, request for attorney’s fees and costs and the court having heard the argument of counsel and being otherwise fully advised in the premises the court hereby enters the following findings.
This case is distinguishable from Progressive Express Insurance Company vs. Professional Medical Group, Inc. 10Fla. L. Weekly Supp. 973A (Fla. 11th Cir. Ct. 2003). Dr. Catherine Romanoff is being deposed in her capacity as a records custodian and fact witness. The facts in support are that this case involves a minimal impact automobile accident with $50.00 of reported damage to each vehicle. The omnibus insured Mike Guzman is not listed on the police report. Allegedly there were five people in a Dodge Neon vehicle. Only two people are listed on the police report in each reported vehicle. Mike Guzman is reported to be 18 years old, 6ft. 3in., 240 lbs. Thus there is an issue created as to whether in fact five persons were in such a small vehicle. Further the police officer in this case testified that if the passengers were not listed on the report they were not in the vehicle. Accordingly defense counsel is attempting to establish whether in fact Mike Guzman was in the vehicle and involved in the accident. In addition questions are being directed to Dr. Romanoff in her capacity as medical director and records custodian (pursuant to F.S. 400.9935) to determine what she observed and saw on the person of Mike Guzman which would lead her to conclude that he was actually involved in an accident, that orthopedic and neurological treatment was necessary, per her referral, despite the fact that Mike Guzman did not commence treatment until a month after this minor accident. Furthermore the physical therapist failed to execute the therapy progress notes. It is necessary that these persons be ascertained so as to verify Mike Guzman’s treatment and his identity. Lastly there are issues concerning whether in fact Dr. Romanoff, a chiropractor, can supervise the treatment of orthopedic and a neurologist.
Based on the foregoing, the motion to determine expert witness fee, protective order, attorney’s fees and costs is denied. Dr. Romanoff’s deposition shall be taken at a date and time convenient to her schedule.
