14 Fla. L. Weekly Supp. 675b
Insurance — Personal injury protection — Summary judgment — Where medical provider’s affidavits in support of summary judgment are not conclusory, self-serving or impeached, treatment and charges are found to be reasonable, related and necessary — Summary judgment entered in favor of provider
GULF COAST INJURY CENTER, L.L.C., (a/a/o Seaford Jackson), Plaintiff, v. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-17462, Division I. April 2, 2007. Daniel E. Gallagher, Judge, for Charlotte Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Rob Adams and Brian Crim, Adams & Diaco.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on March 7, 2007 on Plaintiff’s Motion for Final Summary Judgment. Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Brian Crim and Rob Adams, were present. The court after hearing argument of counsel, having reviewed the record and for the reasons stated on the record,
It is ORDERED and ADJUDGED as follows:
(1) Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
(2) The court acknowledges the appellate cases from the 13th Judicial Circuit Appellate Court regarding Defendant’s argument that Plaintiff’s affidavits are conclusory and self-serving.
(3) The court finds that the respective affidavits of clinic owner Scott Drummond and Dr. David Kalin filed in support of plaintiff’s motion are not conclusory and self-serving as argued by Defendant pursuant to the appellate cases regarding this issue.
(4) The court finds that a review of the deposition transcript of Dr. Kalin does not reflect that the Defendant has impeached the testimony contained in Dr. Kalin’s sworn affidavit.
(5) The court finds that, based upon the affidavits and other evidence on file, the medical treatment, services, and charges submitted by the Plaintiff were reasonable, necessary and related to the subject motor vehicle accident.
