15 Fla. L. Weekly Supp. 171b

Insurance — Personal injury protection — Evidence — Judicial notice — Medicare Part B fee schedule

BIGLEY & ASSOCIATES, P.A., d/b/a PREMIER ORTHOPEDICS OF ORLANDO as assignee of Justin Pierre, Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 9th Judicial Circuit in and for Orange County. Case No. 2007-SC-2332-O. November 26, 2007. Antoinette Plogstedt, Judge. Counsel: Michelle Kelson, Orlando. George Milev, Adams & Diaco, P.A., Lake Mary.

ORDER ON DEFENDANT’S MOTION FOR JUDICIAL NOTICE/MOTION IN LIMINE

THIS CAUSE having come before the Court on Defendant’s Motion for Judicial Notice of the Medicare Part B Fee Schedule on November 1, 2007, and the Court having heard arguments from counsel for Plaintiff and Defendant, and otherwise being fully advised in the premises hereby,

ORDERS AND ADJUDGES, as follows:

1. Defendant’s Motion for Judicial Notice is Granted.

2. Section 627.736(5)(a), Fla. Stat., provides discretion to the trial court to allow in evidence “various federal and state medical fee schedules applicable to automobile and other insurance coverage.”

3. The Court finds that the Medicare Part B Fee Schedule requires mandatory judicial notice under §90.201, Fla. Stat.

4. In an abundance of caution, the Court exercises its discretion to take judicial notice of the Part B Fee Schedule pursuant to §90.202, Fla. Stat.

5. The Court treats Defendant’s Motion for Judicial Notice of the Medicare Part B Schedule as a motion in limine as to the relevance of the evidence at trial.

6. The CMS Medicare Part B Fee Schedule is self-authenticating, relevant and admissible at trial.