14 Fla. L. Weekly Supp. 81a

Attorney’s fees — Insurance — Contingency risk multiplier — It is not appropriate to apply multiplier where there has been no testimony that insured had any difficulty retaining competent counsel in case — Prejudgment interest, expert witness fees and costs awarded

Saintarmand Datilma, Plaintiff, vs. Progressive American Insurance Company, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 06-CC-9828. November 6, 2006. Antoinette Plogstedt, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Jeffrey D. Starker.

JUDGMENT AGAINST DEFENDANT FOR ATTORNEY’S FEES AND COSTS

THIS CAUSE having come on to be heard on Plaintiffs’ Motion for Attorney’s Fees and Costs, and the Court, having heard testimony of counsel, having heard testimony from expert witnesses, having reviewed the court file and being fully advised in the premises, hereby FINDS:

1. Plaintiff is entitled to an award of reasonable attorney’s fees and costs, pursuant to Fla. Stat. Sec. 627.428 and as the prevailing party.

2. Plaintiff is entitled to an award of 31.1 hours at a rate of $275.00 per hour, for a total lodestar fee of $8552.50.

3. In addition, pursuant to Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla. 1990), the court has considered whether to apply a multiplier in this case. After considering the factors outlined in Quanstrom, the court finds that it is not appropriate to apply a multiplier. There has been no testimony that the Plaintiff had any difficulty retaining competent counsel in this case.

4. The amount of interest accruing on the award of attorney’s fees at 9% per annum from 7/25/06 (the date of entitlement to fees), up through the date of this Order is $217.20.

5. The Plaintiff is entitled to recover costs in the amount of $420.00.

6. Plaintiff was required to retain an expert witness to testify about matters related to attorney’s fees and costs. It was reasonable for Plaintiff’s expert witness, Terry Slusher, Esq., to have expended 12.0 hours work on this matter and it is reasonable to compensate him at a rate of $275.00 per hour, for a total of $3,300.00.

7. The total amount of attorney’s fees, costs and interest awarded to Plaintiff is: $8552.50 (fees) + $420.00 (costs) + $217.20 (interest) = $9,189.70 (total). Plaintiff is entitled to recover expert witness fees in the amount of $3,300.00. The total of all awarded sums of $12,489.70 shall bear interest at the legal rate of 9%, for which let execution issue.