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JOHN TOLBERT, Plaintiff, vs. ALAMO RENTAL (US) INC., Defendant.

14 Fla. L. Weekly Supp. 384a

Insurance — Personal injury protection — Coverage — Medical expenses — Where plaintiff received medically necessary and reasonable treatment for injuries related to automobile accident, and fees charged for treatment were reasonable in amount, partial final summary judgment on issue of medical fees is entered in favor of plaintiff

JOHN TOLBERT, Plaintiff, vs. ALAMO RENTAL (US) INC., Defendant. Small Claims Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2005-SC-8300, Division N. February 15, 2007. Gary Flower, Judge. Counsel: James J. Woodruff, II, The Woodruff Law Firm, P.L., Atlantic Beach, for Plaintiff. David Anderson, Cole, Stone, Stoudemire & Morgan, P.A., Jacksonville, for Defendant.

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL FINAL SUMMARY DISPOSITION REGARDING MEDICAL FEES

This matter came before the Court for hearing on February 15, 2007 on Plaintiff’s Motion for Partial Final Summary Disposition Regarding Medical Fees. The Court having heard argument of counsel and being otherwise fully advised in the premises, finds as follows:

1. Plaintiff, John Tolbert, presented for medically necessary and reasonable medical treatment at Physician’s Medical Center Northside, Inc. on May 10, 2004 for injuries related to his May 4, 2004 motor vehicle collision. Plaintiff received treatment for his injuries from Dr. Richard Kersey at Physician’s Medical Center Northside, Inc. from May 10, 2004 through July 27, 2004.

2. Based upon the evidence before this Court, the medical fees charged by Physician’s Medical Center Northside, Inc. for the medical treatment rendered to Plaintiff are reasonable in amount as required by the Florida Statutes § 627.736 (2004).

It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff’s Motion for Partial Summary Judgment Regarding Medical Fees is GRANTED.

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