14 Fla. L. Weekly Supp. 108a
Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer failed to produce underlying data for database used to review bills, database is stricken as defense
NADAL MEDICAL CENTER, INC. (as assignee of Yusdey Estevez), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05 31413. Division J. November 22, 2006. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A, Tampa, for Plaintiff. James Bogos, for Defendant.
[Editor’s note: See 15 Fla. L. Weekly Supp. 787a.]
ORDER ON PLAINTIFF’S MOTION IN LIMINE/MOTION TO STRIKE THE MITCHELL MEDICAL DATABASE
This cause having come before the Court on November 21, 2006 on Plaintiff’s Motion in Limine/Motion to Strike Mitchell Medical, with Timothy A. Patrick, Esquire appearing on behalf of Plaintiff and James Bogos, Esquire appearing on behalf of Defendant, and the Court, being fully advised in the premises, rules that for the reasons stated on the record and recorded in open court, which constitutes the decision of this Court,
ORDERS AS FOLLOWS:
1. That Plaintiff’s Motion in Limine/Motion to Strike the Mitchell Medical database as a defense is hereby GRANTED.
2. Defendant has failed to produce the underlying data of the underlying database, along with the other court ordered documents pertaining to Mitchell Medical and Defendant’s reductions in this case.
