14 Fla. L. Weekly Supp. 71b
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where medical provider was represented on purely contingent fee basis, relevant market requires contingency risk multiplier to obtain competent counsel in PIP cases, and likelihood of success for provider at outset of case was even, multiplier of 1.75 is awarded — Costs and expert witness fees awarded
BRIAN BRENNAN, D.C. a/a/o COLLEEN POND, Plaintiff, vs. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Escambia County, Summary Claims Division. Case No. 2005 SC 001039, Division “5”. October 10, 2006. Pat Kinsey, Judge. Counsel: Robert N. Heath, Jr., McDonald, Fleming, Moorhead, Pensacola; and B. Kristian Rasmussen and Kathlyn M. White, for Plaintiff. Stephen M. Cozart, Conroy, Simberg, Ganon, Krevans & Abel, P.A., Pensacola, for Defendant.
ORDER AWARDING ATTORNEY’S FEES AND COSTS
This cause is before the court upon the Plaintiff’s Motion For Attorney’s Fees and Costs. This is an action brought by Dr. Brennan, the assignee of Nationwide’s insured, Colleen Pond, seeking personal injury protection benefits for medical treatment rendered by Dr. Brennan to Ms. Pond arising out of a motor vehicle accident on or about April 21, 2003. On August 18, 2006 the Plaintiff and Nationwide entered into a settlement of the claim for personal injury benefits. The Court, therefore, finds the Plaintiff to be the prevailing party and thus entitled to attorney’s fees pursuant to §627.428, Fla. Stat. as well as legal assistant fees pursuant to §57.104, Fla. Stat.
The Plaintiff was represented in this case by Robert N. Heath, Jr., Esq. The Court is very familiar with Mr. Heath, his qualifications, and his experience in handling personal injury protection matters in Escambia County and beyond. Mr. Heath was assisted in this case by B. Kristian Rasmussen, Esq. and Kathlyn M. White, Esq. with whom this Court is also familiar. The parties have stipulated to the following hours which this court finds to be reasonable in this case: Robert N. Heath, Jr. — 49.33 hours; B. Kristian Rasmussen — 15.85 hours; Kathlyn M. White 1.2 hours; Lisa L. Rogers (legal assistant to Mr. Heath) — 94.65 hours; Dottie C. Phetteplace (legal assistant to Mr. Heath) — 10.0 hours; Marie M. Stoner (legal assistant to Mr. Heath) — .2 hours.
Based upon the factors set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), the Court determines the following hourly rates to be reasonable: Robert N. Heath — $350.00 per hour; B. Kristian Rasmussen — $150.00 per hour; Kathlyn M. White — $125.00 per hour; Lisa L. Rogers — $95.00 per hour; Dottie C. Phetteplace — $75.00 per hour; Marie M. Stoner — $75.00 per hour. Accordingly, the lodestar as determined by multiplying the reasonable number of hours by the reasonable hourly rate is $29,549.75.
The parties have agreed that the Plaintiff was represented in this matter on a purely contingent fee basis and, accordingly, consideration of a contingency risk multiplier is appropriate. Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990). The Court finds that the relevant market requires a contingent fee multiplier in order for Plaintiffs to obtain competent legal counsel in personal injury protection matters. The Court further finds that the likelihood of success at the outset of this case for the Plaintiff was even, thus placing it in the 1.5 to 2.0 multiplier category under Quanstrom. The Court awards a multiplier of 1.75.
The Court finds that Plaintiff’s costs of $1,183.00 are reasonable and taxes same against the Defendant. In addition, the Court finds that Arthur A. Shimek, Plaintiff’s expert witness, expended 5.0 hours in this matter. The Court determines a reasonable hourly rate for Mr. Shimek to be $325.00 for his services and taxes same against the Defendant.
In summary, the Court awards Plaintiff attorney’s fees of $51,712.00, costs in the amount of $1,183.00, and expert witness fees of $1,625.00 for a total of $54,520.00.
