15 Fla. L. Weekly Supp. 618a
Insurance — Personal injury protection — Medical provider’s motion for partial summary judgment on issue of whether treatment was reasonable, related and medically necessary is denied where insurer has filed at least one opposing affidavit that raises issue of material fact
BIGLEY & ASSOCIATES, P.A., d/b/a PREMIER ORTHOPEDICS OF ORLANDO as assignee of JUSTIN PIERRE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 07-SC-2332. March 25, 2008. Antoinette Plogstedt, Judge. Counsel: Michelle Kelson, for Plaintiff. George Milev, Adams & Diaco, P.A, Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR PARTIALSUMMARY JUDGMENT — TREATMENT WAS MEDICALLY REASONABLE, RELATED AND NECESSARY
THIS CAUSE having come before the Court on Plaintiff’s Motion for Partial Summary Judgment — Treatment was Medically Reasonable, Related and Necessary on March 10, 2007 and the Court having heard arguments from counsels for Plaintiff and Defendant, and otherwise being fully advised in the premises hereby
FINDS, ORDERS AND ADJUDGES as follows:
1. Defendant has alleged in its Amended Second Affirmative Defense that the medical services provided to Justin Pierre were medically unnecessary, unreasonable and unrelated to the accident.
2. Plaintiff moved for Partial Summary Judgment — Treatment was Medically Reasonable, Related and Necessary, and Entitlement to Attorney’s Fees.
3. Plaintiff filed in support of its Partial Summary Judgment an Affidavit by Dr. Gary Gallo, M.D., who performed the consult at issue, and an Affidavit by Ken Niebrugge, D.C., who made the referral for the consult at issue.
4. Defendant has filed timely at least one Affidavit in Opposition of Plaintiff’s Motion for Partial Summary Judgment which raises an issue of material fact whether the treatment at issue was medically necessary, reasonable and related to the accident.
5. The movant for summary judgment bears “the burden of demonstrating conclusively that the nonmoving party cannot prevail. If the record raises even the slightest doubt that an issue might exist, summary judgment is precluded.” Schornberg v. Lansdown, 972 So. 2d 243 (Fla. 2nd DCA 2007).
WHEREFORE, Plaintiff Motion for Partial Summary Judgment — Treatment was Medically Reasonable, Related and Necessary, and Entitlement to Attorney’s Fees is hereby DENIED.
